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. ADJ4461663 (VNO 0501542)
Regular
Oct 01, 2014

JONATHAN TRASK, vs. BLOOMINGDALE'S, INC., permissibly selfinsured, administered by MACY'S CORPORATE SERVICES

The Workers' Compensation Appeals Board denied lien claimant Dr. Silver's petition for reconsideration. The Board found that Bloomingdale's timely paid the negotiated lien settlement by issuing a check within 30 days, and when it was not received, a stop payment was placed and a replacement check issued promptly. The Board affirmed the administrative law judge's decision to admit bank records supporting timely payment, despite procedural objections regarding disclosure. Therefore, penalties, sanctions, and costs sought by the lien claimant were denied.

Lien claimantPetition for ReconsiderationStipulation and OrderTimely PaymentPenaltiesSanctionsFeesCostsComputer screen shotsSubstantial Evidence
References
Case No. ADJ1781310 (LAO 0859837)
Regular
Jun 13, 2012

GLORIA GRIMES vs. FARMER'S INSURANCE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to review a WCJ's decision awarding a 25% penalty and attorney's fees for delayed payment of a Compromise and Release. The Board found the WCJ erred by not explaining the penalty calculation and by potentially barring defendant's witness testimony. Furthermore, the Board indicated that attorney's fees should not be awarded for the initial unsuccessful penalty petition. Therefore, the matter was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePenaltyLabor Code Section 5814Labor Code Section 5814.5Attorney's FeeUnreasonable DelayReissuance of ChecksRamirez v. Drive Financial Services
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ7347492
Regular
Aug 20, 2012

EDWARD ZEPEDA vs. CARNATION CO., METLIFE INS. CO. OF CONNECTICUT, Administered by TRAVELERS

Here's a summary of the case for a lawyer, in four sentences: The Board granted reconsideration to rescind the WCJ's decision, finding no unreasonable delay in the defendant's payment of a Compromise and Release settlement. The Board determined the delay was due to an inadvertent typographical error in the address for one of three settlement checks, not bad faith or intentional delay by the defendant. Consequently, penalties and attorney fees related to the alleged delay were denied. The Board also found no basis for sanctions under Labor Code section 5813.

Labor Code Section 5814Labor Code Section 5813Compromise and ReleasePetition for ReconsiderationUnreasonable DelayPenaltyAttorney FeesApplicant's CostsTypographical ErrorInadvertent Error
References
Case No. ADJ620656 (LAO 0765628) ADJ515169 (LAO 0765629)
Regular
Feb 18, 2010

SERGIO CHAIREZ vs. CHEROKEE BINDERY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration to CIGA, rescinding the WCJ's order that applicant's average weekly earnings were $900.00, which would have increased indemnity payments. The Board found the evidence insufficient to justify setting aside the parties' 2000 stipulation of $754.47 in weekly earnings, citing a lack of good cause such as mutual mistake. The case is remanded to the trial level for further development of the record regarding the accuracy of the stipulated earnings and whether there is good cause to overturn it. The check stubs submitted by the applicant raise a question, necessitating further proceedings to fully adjudicate the issue.

CIGAPaula InsuranceIntercare Insurance ServicesSergio ChairezCherokee Binderystipulationaverage weekly earningsreconsiderationrescindedWCJ
References
Case No. ADJ6661819
Regular
Oct 24, 2014

ALVIN WALLS vs. CHILDREN'S HOSPITAL CENTRAL CALIFORNIA, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. However, the WCAB granted reconsideration on its own motion and rescinded the prior decision. The applicant claims three permanent disability checks were forged and that he never received them, but the WCAB found the applicant's initial proof insufficient. The case is remanded to the trial level for further proceedings, including obtaining expert testimony on handwriting and potential electronic deposit issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability ChecksForgeryHandwriting ExpertUniform Commercial CodeBurden of ProofPrima Facie ShowingElectronic DepositFelony Prosecution
References
Case No. SDO 0328208
Regular
Mar 17, 2008

ARMANDO ADAME vs. AUTOMOTIVE ENGINEERED PRODUCTS, INC. (dba JBA HEADERS), ZENITH INSURANCE COMPANY

The Appeals Board clarified that for Labor Code section 4656(c)(1) purposes, the commencement of temporary disability payments is the date the employer first mails a temporary disability indemnity check, not when EDD benefits begin. Furthermore, EDD benefits, even if reimbursed by the employer, do not count towards the 104-week cap on temporary disability payments. Consequently, the employer's liability for further temporary disability payments extends from the date of the first actual indemnity payment until October 6, 2007.

Workers Compensation Appeals BoardArmando AdameAutomotive Engineered ProductsZenith Insurance CompanyLabor Code section 4656(c)(1)Temporary Total DisabilityTemporary Disability IndemnityEmployment Development DepartmentUnemployment Compensation DisabilityHawkins v. Amberwood Products
References
Case No. ADJ7504787
Regular
Jun 17, 2013

DORIEL RAMOS vs. HIBACHI SUSHI \& GRILL, FIRST COMP LTD.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claim. The lien claimant had paid the lien activation fee by check prior to the conference, but the check had not yet cleared, and the WCJ dismissed the lien. The Appeals Board found that payment was tendered before the conference and proof was presented, and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationOrder Dismissing LienLien conferenceLabor Code section 4903.06Proof of paymentDismissal with prejudiceEAMSDue process
References
Case No. OXN 0134891; OXN 0134895 OXN 0134908; OXN 0147440 OXN 0147441; OXN 0147444
Regular
Jun 06, 2008

CRYSTAL BROWN vs. OXNARD SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no delay in payment of a compromise and release (C&R). The applicant argued that payment was delayed because she received the settlement check after the 30-day deadline, but the Board found that payment was timely tendered when the check was issued and mailed on the 30th day. Therefore, the defendant is not liable for penalties, interest, or attorney's fees.

Workers' Compensation Appeals BoardOxnard School DistrictSouthern California Risk Management AssociatesOrder Approving Compromise and ReleaseChild Nutrition WorkerUpper Extremities InjuryKnee InjuryLow Back InjuryDelay in PaymentMailbox Rule
References
Case No. ADJ4630593 (SBR 0315128)
Regular
Jan 25, 2012

GEORGE MONTAGUE vs. GAF LEATHERBACK, ZURICH PRIMARY

This case involves a defendant's petition for removal, which the Workers' Compensation Appeals Board denied. The defendant sought to overturn an order requiring production of specific checks and TD/PD payment information. The Board affirmed the order, finding production of cancelled checks necessary to verify payments and clarify discrepancies. Further, the Board determined that current documentation was insufficient to assess interest payments, and the applicant must have the opportunity to review and comment on the provided data. The matter is returned to the trial level for further proceedings.

Petition for RemovalOrder Vacating SubmissionDirecting Development of RecordTemporary Disability IndemnityPermanent Disability IndemnityInterest CalculationsThird-party administratorsGallagher BassettCrawford and CompanySupplemental Findings and Award
References
Showing 1-10 of 37 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