Updated Daily

Case Law Database

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

Case No. ADJ4383580 (VNO 0408019)

Regular

Jul 20, 2015

MayriAM BARRAGAN vs. JACOB CHODAKIEWITZ, STATE COMPENSATION INSURANCE FUND

The lien claimant, Roland, Pennington & Trodden, filed a petition for reconsideration arguing they were denied notice and a hearing regarding attorney fees awarded to other firms. The defendant also objected to the initial award for failing to address the lien claimant's claim. The Workers' Compensation Appeals Board then scheduled a lien conference, where all parties, including the lien claimant, agreed to a revised attorney fee distribution. Consequently, the original petition for reconsideration is moot and has been dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and AwardAttorneys' FeesLien ClaimantWCJNotice of Lien ConferenceMoot PetitionDismissalState Compensation Insurance Fund

References

Case No. ADJ4700525 (MON 0327585) ADJ3003071 (MON 0330719)

Regular

Aug 26, 2014

CARLOS FUENTES vs. WORLD VARIETY PRODUCE, PACIFIC COMPENSATION INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a prior WCAB decision. The Board granted reconsideration to allow for further study of the factual and legal issues. This action is deemed necessary for a complete understanding of the record and to issue a just decision. Further proceedings will be determined as appropriate, and all future filings must be submitted directly to the WCAB Commissioners' office.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemWCABADJ4700525ADJ3003071World Variety ProducePacific Compensation Insurance CompanyCarlos Fuentes

References

Case No. ADJ10150151

Regular

Jan 03, 2018

DARWIN ROLAND vs. SAFEWAY, INC., ALBERTSON'S HOLDINGS

This case concerns a petition for reconsideration and removal filed by the applicant, Darwin Roland, against Safeway, Inc. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a "final" order, as it addressed only an evidentiary issue. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, both the dismissal of reconsideration and denial of removal were affirmed.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJfinal ordersubstantive rightthreshold issueinterlocutory orderextraordinary remedysubstantial prejudice

References

Case No. ADJ12427109

Regular

Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award finding an industrial injury to the applicant's right hand. The applicant claimed a fracture occurred while operating a machine, though medical records initially focused on a non-industrial injury from a ladder. Crucially, a Qualified Medical Examiner (QME) opined the fracture was consistent with the applicant's described work mechanism. The Board denied reconsideration, adopting the WCJ's reasoning which prioritized the QME's opinion and medical records documenting the fracture prior to termination, over the defendant's arguments regarding proof of injury and temporary disability.

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland

References

Case No. ADJ6750243

Regular

Aug 10, 2012

ROLANDO FIGUEREDO vs. COMET ELECTRIC, TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior finding of industrial injury to the applicant's feet. The Board found the defendant's petition for reconsideration was timely due to defective service of the original order. Ultimately, the Board concluded there was insufficient medical evidence to establish industrial injury to the applicant's feet. The prior finding of injury to the applicant's left thumb was otherwise affirmed.

Workers' Compensation Appeals BoardRoland FigueredoComet ElectricTravelersFindings and OrderReconsiderationIndustrial InjuryLeft ThumbBilateral FeetElectrician

References

Case No. ADJ11602449

Regular

Apr 01, 2020

PAUL PENNINGTON vs. WALMART STORE, INC.

This case involves an applicant who sustained left knee and right great toe injuries while employed by Walmart. The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) decision regarding permanent disability. The Board found that the WCJ improperly made his own apportionment determination instead of relying on the QME's opinion, which was deemed substantial medical evidence. Consequently, the Board amended the award to reflect 37% permanent partial disability, increasing the applicant's indemnity and adjusting the attorney's fee accordingly.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical ExaminerAMA GuidesWhole Person ImpairmentSubstantial EvidenceMedical OpinionCausation

References

Case No. ADJ6906053

Regular

May 11, 2016

JILL PENNINGTON vs. HOME FRONT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it challenged a non-final procedural order requiring further development of the record on orthopedic issues. The Board also denied the applicant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm. Removal is an extraordinary remedy that requires a higher burden of proof than reconsideration. Therefore, both of the applicant's post-decision challenges were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings of Fact and OrderInjury to body partsFurther development of recordNon-final orderSubstantive right or liabilityThreshold issueInterlocutory procedural decisions

References

Case No. VNO 0433931

Regular

Jan 18, 2008

ROLAND FREEMAN vs. THE COMMUNITY YOUTH SPORTS & ARTS, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied a petition for removal, finding no significant prejudice from the judge's actions on evidence admission. However, the petition for disqualification was granted due to the judge's unprofessional and biased comments to defense counsel and an ex parte discussion with a lien claimant regarding the case's potential outcome. The case will be reassigned to a different judge for further proceedings.

WCABRemovalDisqualificationWCJBiasEx Parte CommunicationBurden of ProofLien ClaimantAdmission of EvidenceOffer of Proof

References

Case No. ADJ15631113

Regular

Jun 16, 2025

MANUEL VARGAS vs. QUALITY PLUMBING ASSOCIATES, GUIDEONE INSURANCE

The Workers' Compensation Appeals Board dismissed defendant's petition for reconsideration and denied its petition for removal. Defendant sought review of a WCJ's order allowing a Qualified Medical Evaluator (QME), Dr. Charles Roland, to supplement his report concerning applicant Manuel Vargas's cumulative trauma injury. The Board determined the WCJ's order was an interlocutory procedural decision, not a final order, thus precluding reconsideration. Furthermore, defendant failed to demonstrate the necessary irreparable harm or inadequacy of reconsideration for a removal to be granted.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalQualified Medical EvaluatorQME reportsubstantial medical evidencecausation of injurysupplemental reportreplacement QMEcumulative trauma injury

References

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Updated Daily

Case Law Database

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

Case No. ADJ4383580 (VNO 0408019)

Regular

Jul 20, 2015

MayriAM BARRAGAN vs. JACOB CHODAKIEWITZ, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and AwardAttorneys' FeesLien ClaimantWCJNotice of Lien ConferenceMoot PetitionDismissalState Compensation Insurance Fund

References

Case No. ADJ4700525 (MON 0327585) ADJ3003071 (MON 0330719)

Regular

Aug 26, 2014

CARLOS FUENTES vs. WORLD VARIETY PRODUCE, PACIFIC COMPENSATION INSURANCE COMPANY

References

Case No. ADJ10150151

Regular

Jan 03, 2018

DARWIN ROLAND vs. SAFEWAY, INC., ALBERTSON'S HOLDINGS

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJfinal ordersubstantive rightthreshold issueinterlocutory orderextraordinary remedysubstantial prejudice

References

Case No. ADJ12427109

Regular

Apr 04, 2023

RICHARD ADAMS vs. MR. PLASTICS, INC., EMPLOYERS ASSURANCE COMPANY

Petition for ReconsiderationIndustrial InjuryTemporary DisabilityMachine OperatorRight Hand InjuryScaphoid FractureAOE/COEContemporaneous Medical RecordsQualified Medical Examiner (QME)Dr. Roland

References

Case No. ADJ6750243

Regular

Aug 10, 2012

ROLANDO FIGUEREDO vs. COMET ELECTRIC, TRAVELERS

Workers' Compensation Appeals BoardRoland FigueredoComet ElectricTravelersFindings and OrderReconsiderationIndustrial InjuryLeft ThumbBilateral FeetElectrician

References

Case No. ADJ11602449

Regular

Apr 01, 2020

PAUL PENNINGTON vs. WALMART STORE, INC.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical ExaminerAMA GuidesWhole Person ImpairmentSubstantial EvidenceMedical OpinionCausation

References

Case No. ADJ6906053

Regular

May 11, 2016

JILL PENNINGTON vs. HOME FRONT, STATE COMPENSATION INSURANCE FUND

References

Case No. VNO 0433931

Regular

Jan 18, 2008

ROLAND FREEMAN vs. THE COMMUNITY YOUTH SPORTS & ARTS, STATE COMPENSATION INSURANCE FUND

WCABRemovalDisqualificationWCJBiasEx Parte CommunicationBurden of ProofLien ClaimantAdmission of EvidenceOffer of Proof

References

Case No. ADJ15631113

Regular

Jun 16, 2025

MANUEL VARGAS vs. QUALITY PLUMBING ASSOCIATES, GUIDEONE INSURANCE

References

Showing 1-9 of 9 results

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