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. ADJ7412016
Regular
May 10, 2011

DORIS CORTES vs. BANK OF THE WEST, ESIS

This case involves an applicant who sustained bilateral wrist and elbow injuries but experienced no lost time from work. The applicant stipulated to zero permanent disability, though the WCJ ordered an Almaraz/Guzman assessment, which the defendant sought to rescind. The Appeals Board granted the petition for removal, rescinded the WCJ's order, and will approve the stipulations unless the applicant objects within twenty days. The Board found the stipulations adequate based on the record and the applicant's continued employment.

WCABPetition for RemovalAlmaraz/Guzman assessmentStipulations with Request for Awardpermanent disability ratingobjective findings of impairmentqualified medical evaluator (QME)American Medical Association Guidesmandatory settlement conference (MSC)rescinded order
References
Case No. ADJ1 149112 (VNO 0348507) ADJ3447806 (VNO 0382613)
Regular
Oct 23, 2015

Debra Fraley vs. Santa Clarita Health Care Association, CIGA by its servicing facility, Broadspire, for Superior Pacific Casualty Company in liquidation

This case involves a lien claimant's petition for reconsideration of a prior denial of their petition. The lien claimant argued the Appeals Board erred in finding they misrepresented the contents of a Stipulations with Request for Award because the defendant failed to serve the Lien Affidavit with the Amended Award. The Appeals Board denied reconsideration, finding the lien claimant was in possession of both the Stipulations and the Lien Affidavit prior to the Amended Award. Even if service was deficient, the lien claimant had other recourse and failed to articulate sufficient legal or factual grounds for reconsideration.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantPetition for ReconsiderationAmended AwardStipulations with Request for AwardLien AffidavitAttorneys' FeesMisrepresentationService of Documents
References
Case No. ADJ1895769 (OAK 0305869)
Regular
Aug 24, 2016

CATHERINE BURNHAM vs. MT. DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted removal, finding jurisdiction over a dispute regarding the cost of specialized prosthetic braces (IDEOs), which a prior judge erroneously sent for Independent Bill Review. The WCAB determined that Labor Code section 4603.6 did not apply as there was no billable service in the conventional sense. Following a Commissioners' Conference, the parties entered stipulations for the provision of the braces, payment of fees according to the CA fee schedule, and resolution of associated penalties. The WCAB approved these stipulations, resolving the parties' dispute.

Workers' Compensation Appeals BoardRemovalOrder Taking Off CalendarJurisdictionLabor Code 4603.6Independent Bill ReviewIntrepid Dynamic Exoskeletal OrthosisIDEO bracesMedical Fee ScheduleLabor Code 4603.2
References
Case No. ADJ9195822
Regular
Oct 09, 2017

BOBBY LEWIS vs. HENDRICKSON TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves a lien claimant, Labs for Physicians & Surgeons, seeking reconsideration of their lien's dismissal by operation of law. The claimant argued their filings were timely. However, the claimant and defendant later reached a stipulation to resolve the lien. The Appeals Board granted the claimant's request to withdraw their petition for reconsideration. The matter is now remanded to the trial level for review and action on the parties' stipulation.

Labor Code section 4903.05(c)Petition for ReconsiderationDismissal of lien by operation of lawNotice and Request for Allowance of LienSupplemental Lien FormSection 4903.05(c) Declarationfiling deadlineStipulationWCJAppeals Board
References
Case No. ADJ9371315
Regular
Sep 08, 2014

JOHN STEPHEN CHACON vs. SACRAMENTO MUNICIPAL UTITILITY DISTRICT, INTERCARE HOLDINGS INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. This action was taken because the underlying stipulated award was void as the unrepresented applicant never reviewed or signed the amended stipulations. The WCAB found this procedural defect rendered the award invalid, and therefore, the judge's order vacating it was appropriate and the defendant's subsequent appeals were moot. The case will return to the trial level for a status conference and further proceedings to ensure due process.

Order Vacating AwardStipulationsRemovalReconsiderationVoid StipulationsUnrepresented ApplicantInformation and Assistance OfficerDue ProcessEx Parte CommunicationSupplemental Pleading
References
Case No. ADJ7277939
Regular
Jan 11, 2011

MISUK BRIANS vs. WHOLE FOODS MARKET, ACE AMERICAN INSURANCE CO., GALLAGHER BASSETT SERVICES, INC.

In this Workers' Compensation Appeals Board case, the defendant sought removal after the judge took a mandatory settlement conference off calendar and demanded further responses. The Board granted removal, rescinding the judge's order and criticizing the procedural deviation from policy. The Board found the applicant's stipulations adequate despite the defendant's withdrawal of agreement. The Board will approve the stipulations unless either party objects in writing within twenty days.

Petition for RemovalMandatory Settlement ConferenceStipulations with Request for AwardOrder Taking MSC Off CalendarWorkers' Compensation Appeals BoardWCJLabor Code section 5502(a)Policy and Procedure Manual section 1.91(C)(3)Status ConferenceAdequacy
References
Case No. ADJ9345199 ADJ9343647
Regular
Apr 03, 2023

TERRY KIRKLAND vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

This case concerns applicant Terry Kirkland's shoulder injury claims against United Parcel Service. The Appeals Board granted reconsideration, vacating a prior award based on the finding that the prior medical expert's report was not substantial evidence due to his disbelief in the concept of cumulative injury. The Board ruled that the AME's report from a subsequent claim is admissible in these cases and that the prior stipulations should be set aside. The matter is returned to the WCJ for further proceedings to determine the issues of injury AOE/COE and new and further disability.

Petition for ReconsiderationFindings of Fact and OrdersSubstantial EvidenceIndustrial InjuryStipulations with Request for AwardPetition to ReopenAgreed Medical Examiner (AME)Qualified Medical Examiner (QME)Cumulative TraumaNon-Industrial
References
Case No. ADJ3852874 (ANA 0398778) ADJ1768842 (ANA 0398779)
Regular
Aug 20, 2009

RAYMUNDO ALVAREZ vs. BRIAN MORALES, SHELBY FRAMING, CALIFORNIA CONTRACTORS NETWORK, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a stipulation resolving SCIF's dispute with CCN over liability for applicant's claims. SCIF sought to set aside the stipulation, arguing it was based on a mistaken belief about CCN's employer relationship. The Board rescinded the stipulation, returning the case for a hearing on whether SCIF has good cause to be relieved of its stipulation. The WCJ will determine if grounds like mutual mistake or fraud exist, otherwise, the stipulation will be reinstated.

Workers' Compensation Appeals BoardJoint Stipulation and OrderReconsiderationSCIFCCNShelby FramingBrian MoralesExcusable MistakeGood CauseSet Aside Stipulation
References
Case No. SAC 0367901
Regular
Jul 17, 2008

PATRICIA ALLEN vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The defendant sought reconsideration of a Stipulations With Request For Award where the WCJ approved some stipulations but withheld others related to penalty and benefit settlements. The WCAB granted reconsideration, finding the WCJ violated Rule 10497 by striking material stipulations without notice or an opportunity to be heard. Consequently, the Stipulations and Award were rescinded, and the case was returned to the trial level for further proceedings.

Writ of ReviewLabor Code section 5814 penaltiesLabor Code section 4658supplemental job displacement benefitIndustrial Disability Leave (IDL)WCAB Rule 10497Stipulations With Request For Awardpermanent disabilityadministrative law judgeworkers' compensation
References
Case No. ADJ1887143 (SJO 0240404)
Regular
Feb 01, 2010

SHEILA GOKEY vs. ASSOCIATION MANAGEMENT SERVICE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns an admitted industrial neck injury from 2000. The defendant seeks relief from a prior stipulation agreeing to further medical treatment for the applicant's neck. The Appeals Board rescinded the prior award because the judge improperly applied Labor Code section 5804 to a stipulation, not an award. The matter is returned for a determination on whether good cause exists to set aside the stipulation and for further proceedings on the merits of medical treatment if the stipulation is vacated.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardStipulationFurther medical treatmentLabor Code section 5804Good causeRescindReturn to trial levelWaiver
References
Showing 1-10 of 862 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