Updated Daily

Case Law Database

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

Case No. EUR 0038527

Regular

Jan 25, 2008

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The defendant employer sought reconsideration of a WCJ's award finding industrial injury to the applicant's heart and Hepatitis C. The defendant claimed newly discovered evidence existed that undermined the original decision. The Appeals Board granted reconsideration for one case number, rescinded the WCJ's award, and returned the matter for further proceedings to consider the new evidence. The petition for reconsideration of a second, dismissed case number was dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentNewly Discovered EvidenceReport and RecommendationDuplicate FileDismissed with PrejudiceTimeliness

References

Case No. ADJ9499148

Regular

Mar 28, 2018

GUMERCINDO ANGUIANO ARAUJO vs. YUKON PLASTERING, INC.; STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's order disallowing lien claimant's lien. The original order dismissing the lien was based on insufficient evidence in the record, as no testimony was taken and no exhibits were formally admitted into evidence. The Board found the verification defect in the petition for reconsideration to be non-jurisdictional and not prejudicial to the defendant. The case is returned to the trial level for further proceedings to develop the record and properly admit evidence.

Petition for ReconsiderationLien ClaimantStipulation Award OrderLabor Code section 5402Date of InjuryPretrial Conference StatementAdmitted EvidenceRecord of ProceedingsWCAB Rule 10750(a)Hamilton v. Lockheed Corporation

References

Case No. ADJ2785272 (MON 0214399)

Regular

Jul 20, 2012

OLE BARRING vs. MCMAHAN'S FURNITURE COMPAN, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICH CLAIMS for FREMONT INDEMNITY, TIG/FAIRMONT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted TIG/Fairmont's petition for reconsideration. The Board rescinded the arbitrator's Finding of Facts due to procedural deficiencies, specifically the failure to adequately document the admitted evidence and provide a proper report on reconsideration. The case is returned to the arbitrator to issue a statutorily compliant decision, clearly identifying all admitted evidence and stipulations. The arbitrator is instructed to consider only previously submitted exhibits and evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitration Finding of FactsCumulative Trauma InjuryInsurance CoverageLiquidationAdministrative Law JudgeMemorandum of HearingStipulationsAdmitted Exhibits

References

Case No. ADJ1335306 (SJO 0252339)

Regular

Feb 09, 2011

NANCY CUDDY vs. ALAIN PINEL REALTORS, STATE COMPENSATION INSURANCE FUND

This case concerns the employer's petition for reconsideration of a prior award. The employer argued that the 2005 permanent disability rating schedule should apply, not the 1997 schedule, and that there was insufficient medical evidence for the finding of dry mouth. The Appeals Board granted reconsideration to defer the issues of permanent disability and apportionment. This decision was based on the fact that the treating physician's reports, crucial for determining the applicable rating schedule, were not admitted into evidence. The Board affirmed the finding of dry mouth as a compensable consequence injury based on existing medical evidence.

Workers' Compensation Appeals BoardAlain Pinel RealtorsState Compensation Insurance FundADJ1335306Opinion and Order Granting Petition for ReconsiderationFindings Award and Orderindustrial injuryreal estate agentspineleft ankle

References

Case No. ADJ7369274

Regular

Mar 20, 2012

CANDIDA LOPEZ vs. STAFFING SYSTEMS, INC., ACE PROPERTY & CASUALTY COMPANY, ESIS

The Appeals Board granted applicant's reconsideration because the WCJ may have improperly excluded applicant's evidence submitted electronically before trial. Lien claimants' petition for reconsideration was dismissed as untimely. The original Findings & Orders are rescinded, and the case is returned to the WCJ for further proceedings and a new decision. This allows for a proper determination of the applicant's claim and the admissibility of her evidence.

Workers' Compensation Appeals BoardStaffing Systems Inc.ACE Property & Casualty CompanyESISCandida LopezPetition for ReconsiderationFindings & OrdersInjury Arising Out of or in the Course of Employment (AOE/COE)Labor Code section 5402Electronic Adjudication Management System (EAMS)

References

Case No. ADJ9701120, ADJ10123214, ADJ10696420

Regular

Jan 16, 2020

SANDRA GENOVESE vs. DENNY'S INC., HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) rescinded a Joint Findings of Facts and Orders that had set aside a settlement agreement based on findings of duress and coercion by the applicant's former attorney. The WCAB found insufficient evidence in the record, particularly the absence of witness testimony and specific exhibits, to support a finding of duress or coercion by a preponderance of the evidence. The matter is returned to the trial level for applicant to present further evidence. Applicant's subsequent petition for reconsideration of the WCAB's decision to grant reconsideration was dismissed as moot.

Workers' Compensation Appeals BoardJoint Findings of Facts and OrdersPetition for ReconsiderationPetition for RemovalJoint Third Party-Compromise & Releaseduresscoerciongood causestipulationsettlement agreement

References

Case No. ADJ721289 (POM 0278079) ADJ1988208 (POM 0278080) ADJ6759922

Regular

Jun 03, 2013

GEORGE VELASQUEZ vs. THE KROGER COMPANY dba RALPHS GROCERY

This case involves a defendant seeking reconsideration of a temporary total disability award for the applicant, George Velasquez. The defendant argued that there was insufficient medical evidence to support the award and that the claim was barred by res judicata. The Appeals Board granted reconsideration, finding no substantial medical evidence to establish the applicant's temporary disability during the period in question. Consequently, the Board rescinded the award of temporary disability indemnity.

Workers Compensation Appeals BoardJoint Findings and AwardTemporary Total DisabilityVocational Rehabilitation Maintenance AllowanceRes JudicataCollateral EstoppelSubstantial Medical EvidencePermanent and Stationary StatusAgreed Medical ExaminationCumulative Trauma Injury

References

Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)

Regular

Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing

References

Case No. ADJ8443100

Regular

May 28, 2013

KANZLER FRAZIER vs. WARNER BROTHERS STUDIO FACILITIES, INC.

This case involves an applicant claiming a low back injury while working as a lighting technician. The defendant sought reconsideration of the WCJ's finding of injury AOE/COE, arguing insufficient evidence and a post-termination defense. The Appeals Board granted reconsideration, rescinded the original decision, and returned the matter for further development of the record. This was due to inadequate medical reporting which did not constitute substantial evidence. The post-termination defense was deemed waived as it wasn't raised at trial.

Workers' Compensation Appeals BoardIndustrial InjuryLighting TechnicianLow Back InjuryArising Out of and In the Course of EmploymentAOE/COEPost-Termination DefenseLabor Code Section 3600(a)(10)Substantial EvidenceMedical Opinion

References

Case No. ADJ4471499 (ANA 0388511)

Regular

Feb 09, 2009

JOSHUA FALLER vs. UNITED STATES CAR STEREO, INC. dba RACE N' ROCK, UNINSURED EMPLOYERS BENEFIT TRUST FUND

This case involves an applicant who claims industrial injury to his back, leg, and psyche. The defendant sought reconsideration of an award of temporary disability benefits from July 28, 2008, and continuing, arguing insufficient medical evidence. The Appeals Board granted reconsideration, finding that the applicant's testimony alone was insufficient to support ongoing temporary disability. The Board deferred the issue of temporary disability after November 1, 2005, and ordered the record to be further developed with medical evidence.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityMedical EvidenceSubstantial JusticeFurther Development of RecordFindings of FactOrderAwardInstallation Manager

References

Showing 1-10 of 26,629 results

Ready to streamline your practice?

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

Updated Daily

Case Law Database

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

Case No. EUR 0038527

Regular

Jan 25, 2008

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

References

Case No. ADJ9499148

Regular

Mar 28, 2018

GUMERCINDO ANGUIANO ARAUJO vs. YUKON PLASTERING, INC.; STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ2785272 (MON 0214399)

Regular

Jul 20, 2012

OLE BARRING vs. MCMAHAN'S FURNITURE COMPAN, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICH CLAIMS for FREMONT INDEMNITY, TIG/FAIRMONT, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ1335306 (SJO 0252339)

Regular

Feb 09, 2011

NANCY CUDDY vs. ALAIN PINEL REALTORS, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ7369274

Regular

Mar 20, 2012

CANDIDA LOPEZ vs. STAFFING SYSTEMS, INC., ACE PROPERTY & CASUALTY COMPANY, ESIS

References

Case No. ADJ9701120, ADJ10123214, ADJ10696420

Regular

Jan 16, 2020

SANDRA GENOVESE vs. DENNY'S INC., HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSETT SERVICES, INC.

References

Case No. ADJ721289 (POM 0278079) ADJ1988208 (POM 0278080) ADJ6759922

Regular

Jun 03, 2013

GEORGE VELASQUEZ vs. THE KROGER COMPANY dba RALPHS GROCERY

References

Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)

Regular

Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

References

Case No. ADJ8443100

Regular

May 28, 2013

KANZLER FRAZIER vs. WARNER BROTHERS STUDIO FACILITIES, INC.

References

Case No. ADJ4471499 (ANA 0388511)

Regular

Feb 09, 2009

JOSHUA FALLER vs. UNITED STATES CAR STEREO, INC. dba RACE N' ROCK, UNINSURED EMPLOYERS BENEFIT TRUST FUND

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityMedical EvidenceSubstantial JusticeFurther Development of RecordFindings of FactOrderAwardInstallation Manager

References

Showing 1-10 of 26,629 results

Ready to streamline your practice?

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