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Case Law Database

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

Case No. ADJ6854571

Regular

Oct 08, 2018

TED HIRSCHBERGER vs. STOCKWELL HARRIS WOOLVERTON AND MUEHL, STATE COMPENSATION INSURANCE FUND

Here's a summary of the case for a lawyer, in max four sentences: The Appeals Board granted reconsideration, overturning the WCJ's apportionment of permanent disability. The Board found that the applicant's industrial psyche injury aggravated Parkinson's disease, causing brain injury and permanent mental incapacity. This condition conclusively presumes total permanent disability under Labor Code section 4662(a)(4), precluding apportionment. Therefore, the applicant is found totally permanently disabled without apportionment.

WCABPetition for ReconsiderationFindings And AwardIndustrial InjuryPsycheParkinson's DiseasePermanent DisabilityApportionmentLabor Code Section 4662(a)(4)Conclusive Presumption

References

Case No. ADJ20809270; ADJ18022996

Regular

Oct 09, 2025

ERIC RIGGS vs. STOCKWELL, HARRIS, WOOLVERTON & HELPHREY (A CORP), WESCO INSURANCE COMPANY

The defendant filed a petition for removal from an order setting the matter for trial, advocating for case consolidation and a summary dismissal of their petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's recommendation. The WCAB stated that removal is an extraordinary remedy, requiring proof of substantial prejudice or irreparable harm, which the defendant failed to demonstrate, and that reconsideration would be an adequate remedy if an adverse final decision is reached. The Board also noted that parties would have ample opportunity to create a record and address consolidation at trial, while reminding the defendant that demurrers or summary judgments are not permitted in these proceedings.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationSubstantial EvidenceConsolidationDuplicative ClaimsSummary DismissalAdministrative Law Judge

References

Case No. ADJ7083461

Regular

May 25, 2012

FRANCISCO AGUIRRE vs. DIOLAKIA ASSOCIATES, STOCKWELL HARRIS

This Workers' Compensation Appeals Board order dismisses Francisco Aguirre's petition for reconsideration because it was filed against a non-final interlocutory order that did not determine substantive rights. Additionally, the petition was dismissed for failing to be verified. The petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. Therefore, both the petition for reconsideration and the petition for removal are dismissed and denied, respectively.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightWCABRemovalVerified PetitionWCJ's ReportIrreparable HarmInadequate Remedy

References

Case No. ADJ4301821

Regular

Sep 17, 2014

ELEN HARRIS vs. ANTELOPE VALLEY NURSING CARE CENTER, PHILCO INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Elen Harris's Petition for Reconsideration, upholding the prior decision. The WCAB adopted the Workers' Compensation Judge's report, finding the applicant's arguments regarding the admission of a mediation brief and Dr. Berman's apportionment opinion to be without merit. New issues raised in the petition were not considered as they were not raised at trial. The Board also noted that the amended petition was not accepted as a supplemental filing request was not submitted.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJLabor Code § 5904Cal. Code Regs. tit. 8 § 10848WCAB Rules of Practice and Procedurecertified nurse's assistantlow back injurymicrodisectomylumbar spine

References

Case No. ADJ8621726

Regular

Jul 18, 2019

LEONARD DE LA ROSA vs. KLOECKNER TRAVELERS COMPANY OF AMERICA, USA PROPERTY AMERICA, HOLDINGS; CASUALTY

This case involves a defendant challenging a permanent total disability award for an applicant who sustained a neurological injury. The defendant argued the QME's revised opinion on causation and disability was not substantial evidence, and that Labor Code section 4662(a)(4)'s conclusive presumption of total disability violates apportionment requirements. The Board denied reconsideration, affirming the WCJ's findings. They found the QME's reporting constituted substantial evidence, and importantly, that the conclusive presumption under LC 4662(a)(4) overrides apportionment requirements.

Workers' Compensation Appeals BoardPermanent Total DisabilityLabor Code section 4662(a)(4)Permanent Mental IncapacityQualified Medical EvaluatorNeurological InjuryNeurodegenerative DisorderApportionmentLabor Code section 4663Medical Evidence

References

Case No. ADJ7139856

Regular

May 26, 2015

GEORGE HARRIS vs. NUMACJ MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied George Harris's petition for reconsideration of a decision that awarded him 65% permanent disability. The WCJ's report, which the Board adopted, found that Harris did not sustain injuries to numerous body parts claimed beyond those already admitted. While the WCJ's initial decision contained a clerical error regarding the date of injury, it was corrected to January 8, 2005, aligning with the evidence. The Board agreed with the WCJ's apportionment of permanent disability based on causation, as supported by medical evaluations.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDate of InjuryPermanent DisabilityTotal Permanent DisabilityHVAC Service TraineeNumac MechanicalInc.State Compensation Insurance Fund

References

Case No. ADJ6551691

Regular

Oct 05, 2010

LOUIS SPEIGHT vs. VULCAN MATERIALS CO., Permissibly Self-Insured, ZURICH NORTH AMERICA (Adjusting Agent)

The Workers' Compensation Appeals Board (WCAB) issued an order to potentially impose sanctions on four attorneys from Stockwell, Harris, Woolverton & Muehl and their firm. The attorneys responded by requesting reinstatement of a previous order and a hearing. The WCAB dismissed their request as an improperly filed petition for reconsideration or removal. A Commissioner's Conference is scheduled for the attorneys to appear and address the sanctions.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationPetition for RemovalOrder Granting RemovalRescinding OrderCommissioner's ConferenceAttorneys' FeesLiabilityAppeals Board Rules

References

Case No. ADJ4221124 (SFO 0508133)

Regular

Jun 19, 2012

THEMAS OLSON (Deceased); VICTORIA OLSON (Widow) vs. CITY OF VACAVILLE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an intermediate discovery order, finding it was not a final order. The Board granted the defendant's petition for removal solely to address potential sanctions against their counsel, George Fögy, and his firm, Stockwell, Harris, Woolverton & Muehl. This notice of intent to sanction stems from alleged misrepresentations within the defendant's petition regarding the origin of Exhibit 1 and the explanation for settlement discrepancies. The Board is giving Fögy and his firm an opportunity to show cause why sanctions up to $2,500 should not be imposed.

WCABPetition for ReconsiderationPetition for RemovalSanctionsLabor Code § 5813Civil Asbestos SettlementExhibit 1In Camera ReviewWork ProductPrivilege Waiver

References

Case No. ADJ7031117

Regular

Feb 27, 2013

JAMIE XELOWSKI, JENNIFER CAMPBELL vs. CITY AND COUNTY OF SAN FRANCISCO, COMMUNITY HEALTH NETWORK

This case concerns dependent benefits for the adult daughter of a deceased employee. The applicant argued that a Social Security Administration (SSA) Notice of Award conclusively presumed her dependency for death benefits under Labor Code section 3501(a). The Appeals Board reversed the WCJ's decision, finding the SSA's disability determination constitutes an administrative finding by a trier of fact that the applicant was incapacitated from earning. This finding, occurring prior to the mother's death, satisfies the statutory requirement for conclusive presumption of dependency.

Workers' Compensation Appeals BoardDependent benefitsLabor Code section 3501(a)Conclusive presumption of dependencyTrier of factSocial Security AdministrationIncapacitated from earningAdult daughterMotor vehicle accidentIndustrial injury

References

Case No. EUR 0039401

Regular

Mar 19, 2008

ELENA HARRIS vs. COUNTY OF HUMBOLDT

The Workers' Compensation Appeals Board granted reconsideration for Elena Harris's case, rescinding the previous Findings and Award. The Board found it necessary to further develop the medical record, particularly Dr. Hutchinson's opinions on causation and apportionment, and to clarify the applicant's date of injury. The matter is remanded to the trial level for a new decision after these issues are addressed.

Workers' Compensation Appeals BoardPermissibly Self-InsuredSenior Real Estate AppraiserCumulative Trauma InjuryPsycheLabor Code Section 3208.3(h)Rolda v. Pitney BowesInc.Substantial Medical EvidencePost-Permanent and Stationary Events

References

Showing 1-10 of 107 results

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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. ADJ6854571

Regular

Oct 08, 2018

TED HIRSCHBERGER vs. STOCKWELL HARRIS WOOLVERTON AND MUEHL, STATE COMPENSATION INSURANCE FUND

WCABPetition for ReconsiderationFindings And AwardIndustrial InjuryPsycheParkinson's DiseasePermanent DisabilityApportionmentLabor Code Section 4662(a)(4)Conclusive Presumption

References

Case No. ADJ20809270; ADJ18022996

Regular

Oct 09, 2025

ERIC RIGGS vs. STOCKWELL, HARRIS, WOOLVERTON & HELPHREY (A CORP), WESCO INSURANCE COMPANY

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationSubstantial EvidenceConsolidationDuplicative ClaimsSummary DismissalAdministrative Law Judge

References

Case No. ADJ7083461

Regular

May 25, 2012

FRANCISCO AGUIRRE vs. DIOLAKIA ASSOCIATES, STOCKWELL HARRIS

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightWCABRemovalVerified PetitionWCJ's ReportIrreparable HarmInadequate Remedy

References

Case No. ADJ4301821

Regular

Sep 17, 2014

ELEN HARRIS vs. ANTELOPE VALLEY NURSING CARE CENTER, PHILCO INSURANCE COMPANY

References

Case No. ADJ8621726

Regular

Jul 18, 2019

LEONARD DE LA ROSA vs. KLOECKNER TRAVELERS COMPANY OF AMERICA, USA PROPERTY AMERICA, HOLDINGS; CASUALTY

References

Case No. ADJ7139856

Regular

May 26, 2015

GEORGE HARRIS vs. NUMACJ MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ6551691

Regular

Oct 05, 2010

LOUIS SPEIGHT vs. VULCAN MATERIALS CO., Permissibly Self-Insured, ZURICH NORTH AMERICA (Adjusting Agent)

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationPetition for RemovalOrder Granting RemovalRescinding OrderCommissioner's ConferenceAttorneys' FeesLiabilityAppeals Board Rules

References

Case No. ADJ4221124 (SFO 0508133)

Regular

Jun 19, 2012

THEMAS OLSON (Deceased); VICTORIA OLSON (Widow) vs. CITY OF VACAVILLE

WCABPetition for ReconsiderationPetition for RemovalSanctionsLabor Code § 5813Civil Asbestos SettlementExhibit 1In Camera ReviewWork ProductPrivilege Waiver

References

Case No. ADJ7031117

Regular

Feb 27, 2013

JAMIE XELOWSKI, JENNIFER CAMPBELL vs. CITY AND COUNTY OF SAN FRANCISCO, COMMUNITY HEALTH NETWORK

References

Case No. EUR 0039401

Regular

Mar 19, 2008

ELENA HARRIS vs. COUNTY OF HUMBOLDT

References

Showing 1-10 of 107 results

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