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. ADJ9234995
Regular
Sep 06, 2016

JASON ROMAN vs. COUNTY OF RIVERSIDE

The applicant sought reconsideration of a WCJ's decision denying his Labor Code section 132a claim, which alleged unlawful termination due to his work injury. The applicant argued the employer failed to prove business necessity for termination and improperly denied him a promotional service writer position. The Board granted reconsideration, finding further record development necessary on the 132a claim, particularly regarding the denial of the service writer position. The case is returned to the trial level for further proceedings.

Labor Code 132aPetition for ReconsiderationBusiness NecessityReasonable AccommodationService Writer PositionPromotional PositionHigher SalaryWCJ Report and RecommendationAppeals BoardStatutory Rights
References
Case No. ADJ2729327 (LBO 0391418)
Regular
Dec 14, 2010

Shane Haring vs. COUNTY OF LOS ANGELES

This case involved a police trainee injured in 2007 who later became a full-time police officer, a position eligible for Labor Code Section 4850 benefits. The applicant sought Section 4850 benefits for a period of temporary disability in 2009 stemming from the original 2007 injury. The defendant argued these benefits were inapplicable as the applicant was a trainee at the time of the injury. The Workers' Compensation Appeals Board denied the defendant's reconsideration, holding that Section 4850 benefits are determined by the applicant's status at the time of disability, not injury. The Board affirmed the WCJ's finding that the applicant was entitled to these benefits from the period of his 2009 temporary disability.

Labor Code Section 4850Police OfficerPolice TraineeTemporary DisabilityPermanent DisabilityReconsiderationFindings of FactStipulated AwardIndustrial InjuryLeave of Absence
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7981326
Regular
Feb 11, 2014

ALFONSO MUNOZ vs. THIARA BROTHERS ORCHARDS, SOUTHERN INSURANCE COMPANY

This case involves a farm laborer who sustained a left ankle injury at work. The Workers' Compensation Appeals Board granted reconsideration to clarify that temporary disability benefits are subject to the 104-week limit under Labor Code section 4656(c)(2). They also corrected a clerical error regarding the start date of temporary disability. The Board otherwise affirmed the original award for temporary disability indemnity.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary DisabilityLabor Code section 4656(c)(2)Labor Code section 5814Labor Code section 5813Farm LaborerLeft Ankle InjuryAgreed Medical Examiner
References
Case No. FRE 0213272
Regular
Oct 02, 2007

ROGER MILLS vs. SUNRISE BUILDERS, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board affirmed the WCJ's decision, denying the applicant's contentions regarding a pulmonary injury. The Board found the applicant's permanent disability rating of 40% for an orthopedic injury was consistent with medical opinions and relevant case law, particularly regarding apportionment of pre-existing conditions. The decision disallowed claims for the pulmonary condition and associated medical treatment, upholding the original award.

Workers' Compensation Appeals BoardPulmonary/Respiratory InjuryOrthopedic InjuryPermanent and StationaryTemporary DisabilityPermanent Disability AwardApportionmentSB 899Agreed Medical EvaluatorBrodie v. Workers' Comp. Appeals Bd.
References
Case No. ADJ614533 (LAO 0820975)
Regular
Mar 12, 2020

GERARDO RIVERA, vs. FALCON WEST INC.; STATE COMPENSATION INSURANCE FUND,

The WCAB granted the lien claimant's petition for reconsideration, rescinding the prior order that barred the 2003 lien claim based on laches. The Board found that the defendant failed to present any evidence to prove prejudice or change of position resulting from the claimant's delay. Consequently, the case is returned to the trial level for further proceedings to develop the record regarding the laches defense.

Lien claimantLachesPetition for ReconsiderationWorkers' Compensation Appeals BoardFindings and OrderAdministrative law judgePetitionDeclaration of Readiness to ProceedBurden of proofPrejudice
References
Case No. ADJ3027246
Regular
Nov 26, 2012

KATHRYN MILOSTAN-EGUS vs. SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT

The Workers' Compensation Appeals Board denied reconsideration of the decision. The Board adopted the Administrative Law Judge's (WCJ) report, finding that the Agreed Medical Examiner's (AME) opinion constituted substantial medical evidence. The WCJ's credibility findings, which the Board gave great weight, supported the conclusion that the applicant's neck and right upper extremity injuries were causally related to positioning during ankle surgery. Therefore, the defendant's petition to dispute this finding was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeAgreed Medical ExaminerSubstantial Medical EvidenceAnkle SurgeryNeck InjuryRight Shoulder InjuryBrachial Plexus Traction InjuryCervical Spine
References
Case No. ADJ10077972
Regular
Apr 12, 2017

DAVID MELANSON vs. EDWARD W. SCOTT ELECTRIC COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.

judicial estoppelcollateral estoppelemployer negligencethird-party creditprior adjudicationinconsistent positionsexpert testimonyjury instructionsmotion in liminecivil action
References
Case No. ADJ1646469 (VNO 0550706)
Regular
Apr 19, 2013

ANDREW HERNANDEZ vs. STATE OF CALIFORNIA - CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

This case concerns the defendant's petition for reconsideration of an award for industrial injury to the applicant's low back and cervical spine. The defendant argued the applicant was not temporarily disabled as they offered a modified position consistent with AME Dr. Sew Hoy's restrictions, and that sub rosa videos should have been admitted. The Board denied reconsideration, finding Dr. Sew Hoy's report was qualified and did not preclude temporary disability, especially when contrasted with the applicant's treating physician's consistent findings. The Board also upheld the exclusion of the sub rosa videos due to late disclosure, as required by Labor Code section 5502(d)(3).

Workers' Compensation Appeals BoardAndrew HernandezState Compensation Insurance FundFindings and Awardindustrial injurylow backcervical spinetemporary disabilitypermanent disabilityfuture medical treatment
References
Showing 1-10 of 100 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