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. 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. FRE 191206
Regular
Nov 20, 2007

MARY SEPEDA vs. SEPEDA BROTHERS DAIRY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of FREMONT INDEMNITY, in liquidation, REPUBLIC INDEMNITY

This case involves an applicant seeking reconsideration of a workers' compensation award concerning a low back injury sustained through July 13, 1995. The applicant, supported by her treating physician, argued for additional disc replacement surgery at the L4-5 level beyond the previously awarded L5-S1 spinal fusion. The Workers' Compensation Appeals Board granted reconsideration and amended the award to include the L4-5 disc replacement surgery, finding it reasonably required to cure or relieve the applicant's injury based on the treating physician's opinion.

CIGAFremont IndemnityRepublic Indemnitylow back injurypermanent disabilityfurther medical treatmentspinal surgeryL5-S1 fusionL4-5 disc replacementtreating physician
References
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
Case No. ADJ1926394
Regular
Dec 08, 2010

FRANCISCO COSTA vs. RALPH'S GROCERY COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration to amend the award to include future medical treatment. However, they affirmed the judge's finding of 80% permanent disability, which included a 20% apportionment to the applicant's pre-existing congenital spinal stenosis. The applicant argued against apportionment, but the Board found that medical evidence supported the conclusion that the pre-existing condition aggravated the industrial injury and led to more severe permanent disability. The Board clarified that "lighting up" a dormant condition is no longer a bar to apportionment under current law.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentCongenital Spinal StenosisCauda Equina SyndromeLower Back InjuryUrologic System InjuryGI Tract Injury
References
Case No. SAC 0345394
Regular
Feb 22, 2008

DIANA RICHMOND vs. STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE, legally uninsured

The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 2005 Permanent Disability Rating Schedule. The applicant argued that a pre-2005 MRI and subsequent medical opinions indicated permanent disability, thus triggering the older 1997 Schedule. The Board found that the MRI report alone was insufficient and that the AME's opinion on prior permanent disability was too late to qualify for the exception.

Workers' Compensation Appeals BoardDiana RichmondState of California Department of Justicelegally uninsuredSAC 0345394Opinion and Order Denying ReconsiderationFindings and AwardFebruary 222008industrial injury
References
Case No. SJO 0227228
Regular
Nov 13, 2007

CURTIS CARUSI vs. MARKETSHARE, INC., ACE/USA

This case concerns the apportionment of permanent disability for an applicant with a cumulative trauma injury to his neck and upper extremities. The Agreed Medical Examiner (AME) determined that 60% of the applicant's permanent disability was due to non-industrial spinal stenosis and 40% was work-related. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the AME's opinion constituted substantial medical evidence for apportionment. The WCAB rescinded the prior award and returned the case for a new award reflecting the AME's apportionment.

WCABMarketshare Inc.Curtis CarusiACE/USAESISSJO 0227228Petition for ReconsiderationFindings and AwardIndustrial cumulative traumaNeck injury
References
Case No. ADJ3918602 (SAC 0330507) ADJ272371 (SAC 0354775)
Regular
Apr 05, 2010

THOMAS MELTON vs. COUNTY OF SACRAMENTO, SHERIFF'S DEPARTMENT

In this workers' compensation case, the defendant sought reconsideration of an award for spinal surgery recommended by the applicant's treating physician, Dr. Montesano. The defendant argued the administrative law judge should have favored the opinion of Dr. Reynolds, an agreed medical examiner. The Appeals Board denied reconsideration, finding Dr. Montesano's opinion constituted substantial evidence supporting the award. The Board affirmed the judge's discretion to choose among conflicting medical reports.

Workers' Compensation Appeals BoardJoint Findings and AwardPermissibly Self-InsuredDeputy SheriffIndustrial InjuryLow BackSpinal SurgeryTreating PhysicianAgreed Medical ExaminerSecond Opinion Physician
References
Case No. ADJ1817589 (POM 0209340)
Regular
Feb 22, 2011

MARIAM HASAN vs. GUADALUPE HOMES, SEDGWICK CIGA GLENDALE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 100% permanent disability due to industrial injuries sustained in 1991. The defendant sought apportionment based on pre-existing degenerative spinal conditions. While the Agreed Medical Evaluator opined some apportionment was warranted, their report lacked sufficient detail to meet legal standards for causation and apportionment. Consequently, the case is returned to the trial level for further development of the medical record regarding permanent disability and apportionment.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent DisabilityApportionmentAgreed Medical EvaluatorWCJLabor Code Section 4663EscobedoGatten
References
Case No. ADJ900432 (SAC 0323091)
Regular
Dec 30, 2011

MARLENE COPUS vs. NORTH SACRAMENTO ELEMENTARY SCHOOL DISTRICT

This case involves a dispute over the necessity of spinal surgery for an applicant who sustained a cumulative trauma injury to her neck and back. While the applicant's treating physician recommended surgery, a second opinion physician disagreed, citing a lack of nerve root compression. The Appeals Board found that the medical evidence was insufficient to determine the necessity of surgery, particularly in light of ACOEM Practice Guidelines which generally recommend against surgery without nerve root compression. Therefore, the Board rescinded the prior award and remanded the case to appoint an independent physician to evaluate the applicant and determine the reasonableness and necessity of the proposed surgery.

Workers' Compensation Appeals BoardMarlene CopusNorth Sacramento Elementary School Districtcumulative traumaspinal surgerynerve root impingementcervical stenosisDr. OrisekDr. GregoriusACOEM Practice Guidelines
References
Case No. ADJ7207861
Regular
May 06, 2011

STEVE TORDINI vs. JAMES DIEDRICH, PREFERRED EMPLOYERS INS. CO.

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred in relying on the treating physician's opinion over the PQME's regarding permanent disability and apportionment. The Board found the treating physician's opinion unsubstantiated, as it included unqualified legal conclusions and improperly utilized AMA Guides criteria for apportionment. Consequently, the WCAB rescinded the prior award and returned the case for a new decision, directing the WCJ to base findings on the PQME's report. A dissenting opinion argued that both medical opinions were flawed and recommended further medical development.

PQMEWCJWPIapportionmentLabor Code sections 46634664Almaraz IIAMA GuidesDRE Lumbar Category IVdisc protrusion
References
Showing 1-10 of 236 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