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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8189699
Regular
Mar 27, 2013

VERONICA TREJO vs. COUNTY OF LOS ANGELES

This case involves a dispute over a workers' compensation award based on stipulations approved at a mandatory settlement conference where the applicant was not present. The defendant sought to set aside the award, alleging issues with signatures and a "mutual mistake" regarding permanent disability. The Appeals Board denied the applicant's petition for removal, upholding the judge's authority to set aside the award pending further investigation. The Board highlighted serious ethical concerns regarding potential misconduct by both parties in the filing of the stipulations. The case was remanded for a status conference to address signature validity and potential sanctions.

Petition for RemovalOrder Setting Aside AwardStipulations with Request for AwardMandatory Settlement ConferenceAgreed Medical EvaluatorPetition to Set Aside StipulationMutual MistakeFraudDue ProcessEthical Misconduct
References
Case No. ADJ10135147
Regular
Jan 11, 2016

DEANNA BARNETTE vs. PACIFIC BELL TELEPHONE COMPANY, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a stipulated award, and returned the case to the trial level for further inquiry. The defendant sought to set aside the award, arguing mutual mistake of fact regarding credit for employer disability plan payments, which they claimed would lead to overpayment. The Board agreed that the stipulations' validity, specifically whether there was good cause to set them aside due to mistake, needs to be determined by the trial judge. This decision allows for an examination of the applicant's understanding and the factual basis of the original stipulations.

Petition for ReconsiderationStipulated AwardMutual Mistake of FactPermanent Disability IndemnityEmployer's Disability PlanUnjust EnrichmentOverpaymentGood CauseSetting Aside StipulationsWorkers' Compensation Appeals Board
References
Case No. ADJ8973046
Regular
Dec 28, 2015

FERMIN CEJA vs. SAUSALITO MOVING & STORAGE, INC., ZURICH AMERICAN INSURANCE CO.

In this workers' compensation case, the defendant insurer, Zurich American Insurance Co., sought reconsideration of an order compelling them to comply with a stipulation agreement. Zurich argued they entered the stipulation by mistake, as they did not provide insurance coverage on the date of the applicant's specific injury. The Appeals Board granted reconsideration, rescinded the order to comply, and deferred Zurich's petition to set aside the stipulation. The Board emphasized that Zurich remains bound by the original stipulations until the petition to set aside is fully adjudicated.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition to Set Aside StipulationMistake of FactInsurance CoverageStipulation and OrdersTemporary Total DisabilityHernia InjuryMPNAppeal
References
Case No. ADJ3407743, ADJ4033299
Regular
May 03, 2018

KIM KELLEY vs. INTERSTATE BRANDS CORP.; SELFINSURERS SECURITY FUND, Administered by TRISTAR RISK MANAGEMENT

The applicant sought reconsideration of a Compromise and Release order, specifically challenging the inclusion of a disputed body part (right knee) in the Medicare Set Aside (MSA) calculation. The Appeals Board found the petition for reconsideration was timely filed. However, the Board determined there was insufficient evidence to rule on the applicant's claims regarding the MSA calculation. Therefore, the Board dismissed the petition for reconsideration and recommended it be treated as a petition to set aside, allowing for the presentation of evidence.

Petition for ReconsiderationCompromise and ReleaseMedicare Set Aside (MSA)Joint OrderWCJ ReportPetition to Set AsideUnilateral MistakeMutual MistakeDue ProcessFair Hearing
References
Case No. ADJ10089400, ADJ10089398
Regular
May 06, 2019

Martin Dominguez vs. John Dondoro Farms, Preferred Employers

The Workers' Compensation Appeals Board (WCAB) dismissed Martin Dominguez's petition for reconsideration of a stipulated award. Dominguez contended that the stipulated permanent disability percentages and indemnity calculations were incorrect, citing a prior attorney's opinion and check stubs. However, these allegations lacked supporting evidence or sworn testimony in the record. The WCAB treated his petition as a request to set aside the award and remanded the case to the trial level for a hearing. This allows Dominguez to present evidence and for the judge to make a new decision.

Petition for ReconsiderationStipulated AwardPermanent DisabilityIndustrial InjuryWCJAppeals BoardGood CauseSet AsideStipulationsLabor Code
References
Case No. ADJ1395833
Regular
May 07, 2009

MARTIN ALVAREZ vs. OMEGA EXTRUDING CORPORATION OF AMERICA, GALLAGHER BASSETT SERVICES

The defendant, Omega Extruding Corporation, petitioned to set aside a stipulation and award, or for reconsideration, alleging a clerical error. The defendant claims the temporary disability rate was mistakenly entered as the permanent disability rate, resulting in an incorrect total permanent disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and returned the case to the trial level for further proceedings. This decision allows the parties to correct the alleged error or litigate the facts to determine if the stipulation should be set aside.

Petition for ReconsiderationStipulations with Request for AwardInadvertent ErrorClerical ErrorMutual MistakeSet Aside StipulationsRescind AwardGood CausePermanent Disability IndemnityTemporary Disability Rate
References
Case No. ADJ9840613
Regular
Aug 28, 2025

MINERVA TOMKA vs. PACIFIC GAS ELECTRIC, PACIFIC GAS ELECTRIC - SAN FRANCISCO

Applicant Minerva Tomka sought reconsideration of an order denying her petition to set aside a prior award. She alleged fraud, bad faith, misrepresentation of her occupational group, and clerical errors in the prior Stipulations with Request for Award approved by the WCJ. The Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board found no evidence of fraud or other grounds to set aside the stipulations but acknowledged clerical errors and the incorrect occupational group number. Consequently, the Board granted reconsideration, rescinded the original order, and issued a new order correcting the applicant's occupational group number to 214 and rectifying various clerical errors.

Petition for ReconsiderationPetition to Set Aside StipulationsStipulations with Request for AwardOccupational Group NumberDEU Consultative RatingPQMEPTPPermanent Disability RatingArising Out of and In the Course of EmploymentAOE/COE
References
Case No. ADJ19408921, ADJ19408487, ADJ19408920
Regular
Jun 16, 2025

Maria Vazquez vs. Holiday Inn Los Angeles Gateway, Indemnity Insurance Company of North America

Defendant filed a petition to set aside and reconsider an Order Approving Compromise & Release (OACR), claiming applicant's age and Medicare beneficiary status were overlooked in the settlement. The Appeals Board noted procedural irregularities regarding notice of case transmission and the absence of a hearing to establish a complete record concerning the Compromise and Release agreement's adequacy and Medicare interests. As a result, the Board dismissed the petition as premature and returned the matter to the trial level for a hearing to gather necessary evidence.

Order Approving Compromise & ReleaseMedicare Set AsidePetition for ReconsiderationMotion to Set AsideLabor Code Section 590960-Day RuleNotice of TransmissionWorkers' Compensation Medicare Set-Aside Arrangement (WCMSA)Good CauseMutual Mistake of Fact
References
Case No. ADJ7750435
Regular
Jan 05, 2017

DORRIS DUNCAN vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board rescinded an award based on the defendant's petition for reconsideration. The defendant claimed a mutual mistake occurred because a continuation page of paragraph 9 was not signed and attached to the Stipulations. The Board found the defendant failed to provide evidence of a mistake and remanded the case for a hearing. The hearing will determine if there's good cause to set aside the Stipulations due to mutual or unilateral mistake.

StipulationsMutual MistakeReconsiderationAward RescindedLabor Code Section 5803Good CauseSet Aside StipulationsPetition for ReconsiderationWCJ ReportTrial Level Hearing
References
Showing 1-10 of 2,530 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