CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3314150 (LBO 0297361)
Regular
Nov 03, 2008

ANTHONY TENNISON vs. NATIONAL PLANT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board dismissed the defendant's petition for reconsideration of the order denying a deposition, as it was not a final decision. However, removal was granted to allow for further proceedings at the trial level to determine if good cause exists for another deposition. Additionally, the Board granted reconsideration on its own motion and rescinded a subsequent award due to the WCJ exceeding their jurisdiction while a reconsideration petition was pending.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDepositionApplicantDefendantWCJLabor Code section 5900Final OrderDiscovery
References
5
Case No. ADJ4204500 (ANA 0407556)
Regular
Feb 15, 2013

JESUS DUARTE vs. AMF ANAHEIM, LLC, COMP WEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case, rescinding the WCJ's prior decision and remanding it for further proceedings. The WCAB also dismissed the defendant's petition for reconsideration, noting its improper inclusion of "reconsideration" in the caption when removal was the appropriate remedy. This action was taken to maintain procedural clarity regarding the distinction between removal and reconsideration. The matter is now returned to the WCJ for a new decision.

WORKERS' COMPENSATION APPEALS BOARDRemovalWCJPetition for RemovalReconsiderationRescindedReturnedTrial levelFinal orderDecision after Removal
References
1
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ300431 (FRE 0203618) ADJ1896245 (FRE 0203619) ADJ3576423 (FRE 0203620)
Regular
Jan 14, 2014

Sherrill Perkins vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied the applicant's petition for removal but granted her petition for reconsideration. Applicant's 40-page petition for reconsideration violated the 25-page limit and lacked good cause for exceeding it. Therefore, the Board will dismiss the petition unless a compliant one is refiled within ten days, while simultaneously addressing the attorney's separate fee reconsideration. The Board found no extraordinary circumstances to justify removal and will proceed with reconsideration after compliance with filing rules.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationJoint Findings and AwardWCJcumulative traumatemporary disabilitypermanent disabilityapportionmentpenalties
References
2
Case No. ADJ1799490 VNO 0531984 ADJ1619817 VNO 1619817
Regular
Feb 01, 2013

TONI PARKER vs. WARNER BROTHERS STUDIOS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

In Case No. ADJ1799490, the Appeals Board granted reconsideration and rescinded the WCJ's award, returning the case for further proceedings because Warner Brothers' due process rights were violated by a lack of service of rating instructions and the DEU rating. In Case No. ADJ1619817, the Board dismissed Warner Brothers' reconsideration petition as untimely but granted removal on its own motion to clarify administrative responsibility. The Board affirmed the WCJ's findings in ADJ1619817 but deferred the designation of the administering defendant, also returning it for trial-level determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDue ProcessRating InstructionsDisability Evaluation UnitDEUPermanent DisabilityIndustrial InjuryBilateral Upper Extremities
References
0
Case No. ADJ8309975
Regular
Jan 16, 2019

BENITO OLEA vs. VASQUEZ LABOR CONTRACTOR; STAR INSURANCE, MEADOWBROOK INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted removal to address the lien claimant's petition, finding that the administrative law judge's (WCJ) prior order was not a final decision and therefore reconsideration was improper. The WCAB agreed with the WCJ that insufficient evidence was presented by both parties to determine the reasonable value of the lien claimant's services. Consequently, the WCAB vacated its prior reconsideration order, dismissed the reconsideration petition, and returned the matter to the WCJ for further proceedings to allow development of the record.

Workers' Compensation Appeals BoardLien ClaimantRemovalReconsiderationFindings and OrdersBill ReviewLabor Code Section 5701Develop the RecordBurden of ProofPreponderance of the Evidence
References
8
Case No. ADJ1169131 (SAL 0110199) ADJ3847252 (SAL 0114056)
Regular
Feb 02, 2011

MARIA R. REYNAGA vs. CASUALTY COMPANY AND ROYAL & SUNALLIANCE/ARROWPOINT CAPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petitions for reconsideration and removal. The WCAB found the initial petition for reconsideration was premature as it sought review of an interlocutory order, not a final decision. The subsequent petition was dismissed as untimely, filed 18 days after the statutory deadline for filing a petition for reconsideration from the WCJ's November 16, 2010 decision. The WCAB also denied the December 6, 2010 petition for removal, stating no substantial prejudice or irreparable injury was shown.

WCABPetition for ReconsiderationPetition for RemovalAdministrative Law JudgeIndustrial InjuryLumbar SpineBilateral KneesRight WristCumulative PeriodPermanent Disability Rating Schedule
References
13
Case No. ADJ7253920
Regular
Aug 12, 2011

CHRISTINE RUDALF vs. COUNTY OF SAN BERNARDINO

This case involves the County of San Bernardino seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The original judge found the applicant sustained industrial injuries to her ankle, knee, and foot, and that she required further medical treatment, including a repeat MRI. The defendant argued the agreed medical examiner's (AME) reports were not properly considered substantial evidence and that further record development was unwarranted. The WCAB granted reconsideration and removal, rescinded the original decision, and returned the matter to the trial level. The WCAB concluded the AME's reports constituted substantial evidence, rejecting the prior finding that further medical development was necessary.

Workers' Compensation Appeals BoardReconsiderationRemovalFindings and AwardOffice Assistant IIIIndustrial InjuryLeft AnkleLeft KneeLeft FootTemporary Total Disability
References
15
Case No. ADJ6593388
Regular
Oct 21, 2014

JENNIFER GARRETT vs. HIGH DESERT MEMORIAL HOSPITAL DISTRICT, ALPHA FUND

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration because it was filed against a non-final, procedural order directing an AME to issue a supplemental report. The Board also denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable harm, as removal is an extraordinary remedy. The applicant's contention that she had a due process right to a new PQME was based on mere speculation about the AME's report. The Board admonished the applicant's counsel for filing the inappropriate petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorSupplemental ReportQualified Medical Evaluator PanelInterlocutory OrderFinal OrderSubstantive RightIrreparable Harm
References
11
Showing 1-10 of 18,037 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational