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. ADJ7359029
Regular
Dec 10, 2012

CARL HAMPTON vs. NAVARRO'S TOWING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and returned the case for further development of the medical record. The applicant sought to overturn a finding that he did not sustain an industrial injury to his low back. While the applicant was found credible, there was a lack of substantial medical evidence to prove causation. The Board found a complete absence of medical reports addressing industrial causation, necessitating further proceedings to ensure substantial justice.

Industrial injuryLow back injuryReconsiderationFindings and AwardWCJSubstantial medical evidenceIndustrial causationPreponderance of the evidenceDevelop the recordAgreed medical evaluator
References
5
Case No. MON 318383
Regular
Nov 01, 2007

PETER FERINO vs. GLENN E. THOMAS DODGE, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior award finding a right knee injury compensable as a consequence of an admitted back injury. The WCAB determined that while the need for knee surgery was supported by substantial medical evidence, the record lacked substantial medical evidence to establish industrial causation of the knee injury as a consequence of the back injury. The case was remanded for further development of the record on the issue of causation.

Compensable consequenceExpedited hearingIndustrial causationSubstantial medical evidenceReconsiderationFindings and AwardWorkers' Compensation Appeals BoardWCJDeclaration of ReadinessMedical treatment
References
7
Case No. ADJ9895504
Regular
Jan 17, 2020

Elmer Umana vs. West Coast Arborists, Inc., Liberty Mutual Insurance Company

This case involves an employer's petition for reconsideration of a workers' compensation award. The employer argued the award was untimely, and that the Qualified Medical Examiner's (QME) reports were inadmissible as they lacked substantial evidence and proper causation analysis. The Appeals Board denied reconsideration, finding that any delay in issuing the award did not invalidate it. The Board also held that the QME's reports were admissible and constituted substantial evidence, as they detailed causation and reasoning for the impairment ratings.

Workers' Compensation Appeals BoardElmer UmanaWest Coast ArboristsInc.Liberty Mutual Insurance CompanyADJ9895504Opinion and Order Denying Petition for ReconsiderationFindings of Fact Award and OrdersAdministrative Law Judge (WCJ)Injury Arising Out of and Occurring in the Course of Employment (AOE/COE)
References
4
Case No. ADJ6739372 ADJ6855448
Regular
Mar 04, 2013

KIMBERLY WESLEY BOSTON vs. COUNTY OF ALAMEDA, SEDGWICK CMS

The Appeals Board rescinded a prior award, finding insufficient medical evidence to support industrial causation for the applicant's gastrointestinal injuries. Dr. Hammerman's opinion was deemed not substantial medical evidence as he did not adequately explain how he reached a causation conclusion without an initially recommended endoscopy. The case is returned to the trial level for further medical development of the record regarding gastrointestinal complaints. The Board emphasized its duty to ensure substantial justice and develop undeveloped matters.

WCABADJ6739372ADJ6855448industrial injurypsychegastrointestinal systempermanent disabilitysubstantial medical evidenceagreed medical examinerconsulting physician
References
11
Case No. ADJ7336477
Regular
May 20, 2013

Pedro Martinez vs. Casa Herrera, Inc., Liberty Mutual Insurance Company

This case involves a workers' compensation applicant seeking reconsideration of a finding of no industrial injury. The applicant argued that causation was not an issue and that psychiatric injury rules were not properly considered, also challenging the Agreed Medical Examiner's (AME) report. The Board denied reconsideration, finding that industrial causation was consistently disputed by the defendant. The applicant failed to provide substantial medical evidence to support industrial injury claims, while the AME's report was deemed substantial and supported the finding of no industrial injury.

Workers' Compensation Appeals BoardPedro MartinezCasa HerreraLiberty Mutual Insurance CompanyADJ7336477Petition for ReconsiderationFindings And OrderAdministrative Law Judge (WCJ)Industrial InjuryLabor Code section 3208.3(h)
References
10
Case No. ADJ7087449
Regular
Nov 02, 2012

ELVIRA VASQUEZ vs. DEL MONTE FOODS, ZURICH INSURANCE

This case involves a workers' compensation claim by Elvira Vasquez against Del Monte Foods. The defendant sought reconsideration of a prior Appeals Board decision that found applicant sustained an industrial injury and that the defendant failed to prove intoxication was the proximate cause. The defendant argued the applicant's amphetamine use was established and impaired her function, making it a substantial factor in the injury. The Appeals Board denied reconsideration, holding that a positive drug test alone is insufficient to prove intoxication or causation, citing precedent that requires further evidence of impaired function or substantial evidence of causation.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryLabor Code Section 3600(a)(4)Proximate CauseIntoxicationBurden of ProofAmphetaminesDrug TestImpaired Function
References
1
Case No. ADJ3817836 (SJO 0250881)
Regular
May 31, 2012

ZUFAN A. REDA vs. FRY'S ELECTRONICS, INC., ZURICH NORTH AMERICAN INSURANCE

This case concerns applicant Zufan A. Reda's claim for permanent total disability due to a psychiatric injury. The Workers' Compensation Appeals Board (WCAB) is ordering the development of the record because neither the applicant's QME, Dr. Sidle, nor the defendant's QME, Dr. Keins, provided substantial evidence regarding the apportionment of psychiatric permanent disability. The WCAB found that Dr. Sidle's report incorrectly addressed causation of injury rather than apportionment of disability, and Dr. Keins' report was rejected as non-substantial due to prior rulings on industrial causation. Therefore, the WCAB has appointed Dr. Roy Curry as a "regular physician" to conduct a new evaluation on the issue of psychiatric permanent disability.

Petition for ReconsiderationDevelopment of RecordLabor Code section 5701Industrial InjuryPsychiatric InjuryCompensable ConsequenceSection 5803Section 5804Section 5410Permanent Total Disability
References
3
Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. ADJ7264915
Regular
Jul 15, 2013

ANA GONZALES vs. WAL-MART ASSOCIATES, INC., ACE AMERICAN INSURANCE

This case involves an applicant who sustained industrial psychiatric injury but whose orthopedic claims were denied due to insufficient medical evidence. The Appeals Board denied the applicant's petition for reconsideration, finding the applicant failed to present substantial medical evidence of industrial causation for her orthopedic complaints. A dissenting commissioner argued that the primary medical evaluator's report was deficient and lacked substantial evidence, warranting further development of the record on orthopedic injuries and other claims. The dissent emphasizes the Board's duty to ensure substantial justice, suggesting it should have ordered further investigation on the denied orthopedic issues.

WCABPetition for ReconsiderationFindings and Orderindustrial injurypsychelow backneckright shoulderright wristright elbow
References
11
Case No. ADJ1411734 (MON 0361062) MF ADJ130407 (MON 0361061) ADJ4416246 (MON 0361065) ADJ1320492 (MON 0361064) ADJ3297635 (MON 0361063) ADJ7166968 ADJ8574761 ADJ9019769 ADJ9045920
Regular
Jul 28, 2017

MARTHA IBRAHIM vs. THE STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the defendant's contention that the Agreed Medical Examiner (AME) did not properly address causation and apportionment of the applicant's permanent disability. The Board found that the AME reports lacked substantial evidence regarding causation and apportionment across the applicant's multiple claimed injuries. Consequently, the Board rescinded the previous award and returned the matter for further proceedings to develop the record in compliance with relevant Labor Code sections and case law. The goal is to ensure proper determination of disability causation and apportionment among the various industrial injuries.

Workers' Compensation Appeals BoardReconsiderationJoint Findings of Fact and AwardAgreed Medical ExaminerApportionmentCausationPermanent DisabilityLabor Code section 4663Benson v. The Permanente Medical GroupInextricably Intertwined
References
7
Showing 1-10 of 6,624 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