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. ADJ9497391
Regular
Nov 19, 2014

STEVEN TOTH vs. KAISER PERMANENTE, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed Kaiser Permanente's Petition for Removal because the issue giving rise to the petition was resolved. Kaiser sought removal of a WCJ's order requiring their claims adjuster to appear with the entire claims file. However, the adjuster appeared, the case was resolved, and no further issues remained pending. Consequently, the WCAB deemed the removal petition moot and dismissed it.

Petition for RemovalWorkers' Compensation Appeals BoardClaims FileMootDismissedWCJClaims AdjusterResolved CaseADJ9497391Kaiser Permanente
References
0
Case No. ADJ16728100; ADJ16728102
Regular
Oct 06, 2025

MARCO ORTIZ vs. AZTECA LANDSCAPE INC.; CYPRESS INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Cost petitioner, Tony Barriere Interpreting Service, Inc., sought reconsideration of the Joint Findings and Order issued by the WCJ on June 16, 2025. The petitioner contended that discovery issues were relevant and that the defendant engaged in bad faith by unreasonably delaying payment. The Appeals Board affirmed the WCJ's recommendation, finding that the defendant's conduct did not rise to the level of bad faith and that the underlying bill had been paid with a self-imposed penalty.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderCost PetitionerTony Barriere Interpreting ServiceBad Faith ActionsUnreasonable DelayLabor Code Section 5813WCAB Rule 10545(h)Sanctions
References
9
Case No. ADJ8300983
Regular
Apr 28, 2014

ALBERTO CHICO vs. ONEMOR, INC., dba McDONALD'S, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Appeals Board denied reconsideration for the Jacobs-represented lien claimants, upholding the disallowance of their liens due to a failure to prove industrial injury and insufficient evidence. However, the Board granted reconsideration for the Kauffman-represented lien claimants, rescinding the sanctions previously imposed. While agreeing that the Kauffman claimants also failed to prove injury, the Board found their conduct did not rise to the level of bad faith or frivolous tactics required for sanctions.

WCABlien claimantspetition for reconsiderationFindings and OrderOrder Overruling Objection and Imposing Sanctionsindustrial injuryprobative evidencesanctionsbad-faith actionsfrivolous
References
9
Case No. ADJ9338499
Regular
Jun 03, 2015

JOVANNI MONTELONGO vs. PHIL BRUNO ENTERPRISES, INC., dba EXCLUSIVE FRESH, INC., PROCENTURY INSURANCE COMPANY

This case involves a dispute over the proper Medical Provider Network (MPN) for an injured worker. The defendant argued that the applicant's chosen physicians were not part of the correct MPN, Midwest Rising. The Appeals Board granted reconsideration, reversing the original findings. They found that the defendant provided sufficient notice of the correct MPN and that the applicant's chosen physicians were not within it. The Board determined that the applicant was not misled and the defendant did not neglect to provide reasonable medical treatment.

Workers' Compensation Appeals BoardMedical Provider NetworkMPN disputeRising InterplanMidwest RisingProcentury Insurance CompanyIllinois Midwest Insurance AgencyAdministrative Directorprimary treating physicianindustrial injury
References
3
Case No. ADJ9498698 ADJ9537832
Regular
May 18, 2015

RAFE EK RAHEEM vs. WELLS FARGO BANK, OLD REPUBLIC

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a $\$350.00$ sanctions order against applicant's attorney. The WCAB found that the attorney's actions in refusing to stipulate to a Qualified Medical Evaluator (QME) panel did not rise to the level of frivolous or bad-faith conduct as required by Labor Code Section 5813. The Board also dismissed the attorney's petition for removal, finding reconsideration to be the proper remedy for a sanctions order.

WCABSanctionsReconsiderationRemovalWCJQME panelFrivolous conductBad faithDue processMedical Director
References
3
Case No. ADJ4201859 (VNO 0487604) ADJ7157331
Regular
Dec 15, 2010

GERALDINE DANIELS vs. DAVITA, INC./NATIONAL UNION FIRE INSURANCE COMPANY, GAMBRO HEALTHCARE/ACE USA

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior order imposing a $2,500 sanction against applicant's former counsel. The Board found that the attorney's delay in filing a substitution of attorney form, while noted, did not rise to the level of bad-faith actions or frivolous tactics warranting sanctions under Labor Code section 5813. The Board cautioned the attorney about future conduct but ultimately determined that no sanctions were justified in this instance.

Workers' Compensation Appeals BoardReconsiderationSanctionLabor Code Section 5813Appeals Board Rule 10561Substitution of AttorneyBad Faith ActionsFrivolous TacticsUnnecessary DelayWCJ
References
0
Case No. OAK 0295096
Regular
Sep 14, 2007

DAVID JONES vs. CSAA and ACE/ESIS

The Workers' Compensation Appeals Board denied reconsideration of an order that denied sanctions against defense counsel. The applicant's attorney sought sanctions based on allegations of bad faith tactics in resisting a deposition fee and in subsequent payment negotiations, arguing the defense repeated arguments previously rejected in a similar case. The Board adopted the judge's report, which found no new evidence and maintained that the defense's actions did not rise to the level of bad faith warranting sanctions.

WCABReconsiderationSanctionsLabor Code §5813Bad Faith TacticsDeposition FeePeden v. Lockheed MartinLabor Code §5710Attorney's FeesStanding
References
1
Case No. ADJ6983222
Regular
Aug 21, 2012

ELAINE DONLIN vs. UNITED PARCEL SERVICE, INC., LIBERTY INSURANCE CORPORATION

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, rescinding the previous award of increased compensation for serious and willful misconduct. The Board found insufficient evidence that the employer knew of a dangerous condition and deliberately failed to act, which is required to prove serious and willful misconduct. While the injury may have involved negligence, it did not rise to the level of quasi-criminal conduct necessary for an enhanced award. Therefore, the applicant was awarded nothing further beyond the resolved underlying claim.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code section 4553Findings and AwardPetition for ReconsiderationVariable Height Extendo (VHE)Crush InjuryPermanent DisabilityGross NegligenceTraining Deficiencies
References
7
Case No. ADJ972426 (ANA 0405051)
Regular
Jan 14, 2010

DONALD STOW vs. SANTA ANA POLICE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration of a prior award that found the employer liable for serious and willful misconduct. The Board rescinded the award, finding the applicant's failure to wear provided safety goggles was the proximate cause of his eye injury during a training exercise. While the employer's provision of goggles instead of a full face mask may have been negligent, it did not rise to the level of serious and willful misconduct as defined by law. Therefore, the applicant was not entitled to the 50% compensation increase.

Workers Compensation Appeals BoardDonald StowSanta Ana Police Departmentserious and willful misconductLabor Code section 4553industrial injuryright eyepolice officertraining exercisesimunition
References
5
Case No. ADJ6545416
Regular
Jun 10, 2016

CARLOS LOPEZ vs. MUSEUM SQUARE, STATE COMPENSATION INSURANCE FUND INSURED

Tri-County Medical Group sought reconsideration of a dismissal for non-appearance at a lien trial, arguing their representative had a conflicting appearance and this constituted excusable neglect. While a notice of representation was filed, the Board denied reconsideration. The Board found Tri-County failed to provide adequate grounds for relief under CCP 473(b), as the representative's attendance at other matters, without prior notice to the court, did not rise to the level of excusable neglect. Therefore, the dismissal of Tri-County's lien stands.

Workers' Compensation Appeals BoardLien Claim DismissalReconsiderationNon-AppearanceLien ConferenceExcusable NeglectCode of Civil Procedure Section 473(b)Petition for ReconsiderationNotice of RepresentationWCJ
References
1
Showing 1-10 of 50 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