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

Case No. ADJ9351964 ADJ9351965
Regular
Apr 13, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFE INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed its prior decision, holding that Business and Professions Code section 22451(b) exempts agents and independent contractors of attorneys from registration requirements for photocopying services, even when compensated. This exemption applies to lien claimants like Western Imaging Services, Inc., when they act as authorized representatives of an attorney. The Board rejected the defendant's argument that the exemption should be narrowly construed to exclude compensated photocopiers. Therefore, proof of compliance with registration and bonding provisions was not required for the lien claimant to recover copy service fees.

Workers' Compensation Appeals BoardYounique Cafe Inc.Zenith Insurance CompanyWestern Imaging Services Inc.Rogelio CornejoMedical-Legal ExpensesLabor Code Section 4620(a)Business and Professions Code Chapter 20Business and Professions Code Section 22451(b)Agent
References
9
Case No. ADJ9351964, ADJ9351965
En Banc
Apr 13, 2016

Rogelio Cornejo vs. Younique Cafe Inc., Zenith Insurance Company

The Appeals Board affirmed its previous en banc decision, holding that a copy service acting as an agent or independent contractor for a member of the State Bar is exempt from the registration provisions of the Business and Professions Code.

WCABen bancBusiness and Professions Code Section 22451lien claimantregistration and bondingindependent contractormedical-legal expensesLabor Code section 4620(a)prima facie showingState Bar
References
9
Case No. ADJ9351964, ADJ9351965
En Banc
Apr 13, 2016

Rogelio Cornejo vs. Younique Cafe Inc., Zenith Insurance Company

The Appeals Board affirmed its prior en banc decision, holding that a copy service acting as an agent or independent contractor for an attorney is exempt from the registration and bonding requirements of the Business and Professions Code when seeking to recover medical-legal copy service fees.

Workers' Compensation Appeals BoardYounique Café IncZenith Insurance CompanyWestern Imaging ServicesBusiness and Professions Code Section 22451Medical-Legal ExpensesLabor Code Section 4620Lien ClaimantIndependent ContractorState Bar
References
23
Case No. ADJ9351964, ADJ9351965
Significant
Dec 22, 2015

Rogelio Cornejo vs. YOUNIQUE CAFÉ, INC.; ZENITH INSURANCE COMPANY

The Appeals Board held that a copy service acting as an agent or independent contractor for an attorney is exempt from the registration and bonding requirements of the Business and Professions Code, rescinding the WCJ's decision to disallow their lien.

Business and Professions Code Section 22451Professional photocopierLien claimantIndependent contractorAgent of attorneyMedical-legal expensesRegistration requirementsBonding requirementsEn banc decisionWorkers' Compensation Appeals Board
References
19
Case No. ADJ9351964 ADJ9351965
Regular
Mar 15, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFÉ, INC., ZENITH INSURANCE COMPANY

In this case, the Workers' Compensation Appeals Board granted reconsideration of its prior en banc decision. The prior decision held that Chapter 20 of Division 8 of the Business and Professions Code did not apply to a copy service lien claimant acting as an agent or independent contractor for a lawyer. Consequently, proof of registration and bonding under Business and Professions Code sections 22450 and 22455 was deemed unnecessary in such circumstances. The Board granted reconsideration to further study the factual and legal issues presented.

Workers' Compensation Appeals BoardYounique CaféZenith Insurance CompanyWestern Imaging ServicesInc.Rogelio CornejoPetition for ReconsiderationEn BancChapter 20Business and Professions Code
References
0
Case No. ADJ8996451
Regular
Mar 25, 2016

ROGELIO VELASQUEZ vs. MOLOFSKY BUILDERS, INC., EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the Workers' Compensation Judge's decision. The Judge correctly excluded permanent disability for sleep disturbance as the QME failed to provide an apportionment opinion as required by statute. Furthermore, the Judge properly rejected the QME's *Almaraz/Guzman* rating for the left knee injury, finding it unpersuasive and lacking in specific ADL deficits. Therefore, the Judge's original findings on permanent disability were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportEpworth Scalesleep disturbancepermanent disabilityQualified Medical Evaluator (QME)apportionmentleft knee injuryAlmaraz/Guzman
References
0
Case No. ADJ9351964, ADJ9351965
Significant
Dec 22, 2015

Rogelio Cornejo, Applicant vs. YOUNIQUE CAFÉ, INC., ZENITH INSURANCE COMPANY

The Appeals Board held that a professional photocopier, acting as an agent or independent contractor for an attorney, is exempt from the registration and bonding requirements of the Business and Professions Code when seeking to recover copy service fees as medical-legal expenses.

Workers Compensation Appeals BoardYounique Cafe IncZenith Insurance CompanyWestern Imaging Services IncBusiness and Professions Code Section 22451Professional PhotocopierMedical-Legal ExpensesLabor Code Section 4620Independent ContractorAgent
References
12
Case No. ADJ7584931
Regular
Jul 07, 2016

MARCIANO CORNEJO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Marciano Cornejo's Petition for Reconsideration because it was filed on May 9, 2016, which was untimely. The WCJ's decision was served by mail on July 30, 2014, and the statutory 25-day filing period had expired. Timeliness is a jurisdictional requirement, meaning the WCAB lacked the authority to consider the petition. Even if timely, the petition would have been denied on the merits based on the WCJ's report.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Workers' Compensation Administrative Law JudgeMarcirano CornejoAll American Asphalt
References
4
Case No. ADJ9447099
Regular
Nov 09, 2015

ROGELIO MARTINEZ vs. SYSCO VENTURA INC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed Rogelio Martinez's Petition for Reconsideration against Sysco Ventura Inc. and Gallagher Bassett. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of service, and proof of mailing is insufficient; the document must be received by the WCAB within that period. The WCAB found the petition, filed on 09/10/2015, was significantly past the deadline following the WCJ's 07/16/2015 decision.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCABWCJLabor CodeCalifornia Code of RegulationsAdministrative Law JudgeAppeals Board
References
4
Case No. FRE 0159318
Regular
Nov 05, 2007

ROGELIO RODRIGUEZ vs. AMERICAN GRAPE HARVESTERS, STATE COMPENSATION INSURANCE FUND

This case involves Rogelio Rodriguez seeking workers' compensation for injuries to his right arm and psyche. The defendant, American Grape Harvesters and State Compensation Insurance Fund, petitioned for reconsideration of a 100% permanent disability award, arguing insufficient evidence and failure to consider pre-existing factors. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report which found the evidence supported the 100% award and that pre-existing factors were properly addressed.

Workers' Compensation Appeals BoardReconsideration DeniedPermanent DisabilityVocational RehabilitationOrthopedic InjuryPsychiatric DisabilityAgreed Medical ExaminerQualified Medical EvaluatorApportionmentNon-Industrial Factors
References
7
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