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. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ8784998
Regular
Apr 09, 2018

FELIPE PEREZ vs. CMAC CONSTRUCTION COMPANY, OLD REPUBLIC GENERAL INSURANCE COPORATION

Lien claimants Comprehensive Outpatient Surgery Center and Technical Surgery Support sought reconsideration after their liens were dismissed for failing to appear at a lien conference. The WCAB granted reconsideration, rescinded the dismissal orders, and returned the matter for further proceedings. This decision stems from the lien claimants' contention that they had notified the WCAB of an illness preventing their representative's appearance. The WCAB found that the dismissal orders appeared to have been issued erroneously.

Workers' Compensation Appeals BoardLien DismissalPetition for ReconsiderationOrder RescindedLien ConferenceFailure to AppearIndustrial InjuryCompromise and ReleaseWCJ ErrorTrial Level
References
Case No. ADJ1631052 (ANA 0405611)
Regular
Oct 29, 2019

LUISA ISABEL RODRIGUEZ vs. KELLY SERVICES

This case concerns Kelly Services' challenge to lien claims filed by Comprehensive Outpatient Surgery Center and Technical Surgery Support. Kelly Services argued that the lien claimants' declarations, signed by Patrick Christoff, were untimely and that Mr. Christoff lacked personal knowledge of the services billed. The Workers' Compensation Appeals Board affirmed the WCJ's findings, ruling that the timeliness issue was waived as it was not raised at trial. The Board found Mr. Christoff competent to sign the declarations, relying on his extensive experience reviewing medical reports and billing, and the fact that the underlying medical reports were also signed under penalty of perjury.

Labor Code section 4903.8(d)declarant competencypersonal knowledgelien claimantsKelly ServicesESISComprehensive Outpatient Surgery CenterTechnical Surgery SupportFindings of FactReconsideration
References
Case No. ADJ7307502
Regular
Jul 11, 2011

GABRIELA NAVARRO vs. VENGROFF WILLIAMS ASSOCIATES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant seeking Lap Band surgery for an industrial injury. The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration of the administrative law judge's decision. The applicant's primary argument was that an Agreed Medical Examiner (AME) supported the surgery's reasonableness and benefits. However, the WCAB found the AME's testimony contradictory and lacking specific evidence that Lap Band surgery was "reasonably required to cure or relieve" the effects of the industrial injury. Furthermore, the WCAB noted the AME's expressed lack of expertise regarding bariatric surgery and a timely utilization review that did not support the surgery.

Workers Compensation Appeals BoardGabriela NavarroVengroff Williams AssociatesState Compensation Insurance FundLap Band surgeryIndustrial injuryAgreed Medical EvaluatorStephen WertheimerM.D.Utilization Review
References
Case No. ADJ9546300 ADJ9103215
Regular
Apr 21, 2015

JAMES TUBBS vs. FRESNO CHAFFEE ZOO, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed a prior decision, finding the applicant is not entitled to a second lumbar surgery. The WCAB concluded that the applicant failed to meet the burden of proof by providing substantial medical evidence demonstrating the surgery's reasonableness and necessity, as required by Labor Code sections 5705 and 4600. While acknowledging the prior successful surgery, the WCAB found Dr. Aryan's request lacked sufficient support based on established medical treatment guidelines. The dissenting opinion argued that substantial medical evidence supported the surgery and that the defendant's delays unfairly prejudiced the applicant.

ADJ9546300ADJ9103215lumbar spine injuryDr. Francisco UnguezDr. Henry AryanRequest for Authorization (RFA)surgery authorizationL4-S1 surgeryDubon IIsubstantial medical evidence
References
Case No. ADJ2965812 (SAC 0308365)
Regular
Apr 23, 2012

CHRISTINE KRAUSE vs. STATE OF CALIFORNIA, SECRETARY FOR RESOURCES AGENCY, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded an order compelling the defendant to provide cervical spine surgery, deferring the issue pending a final report from a Spinal Surgery Second Opinion Physician (SSSOP). The SSSOP's report was delayed beyond the statutory 45-day timeframe, but the WCAB found neither party was at fault for this delay, and obtaining the SSSOP's opinion was crucial for a proper decision. The WCAB dismissed the defendant's petition for removal. A dissenting commissioner argued the defendant should be liable for the surgery due to the delayed process, citing precedent that placed the burden on the employer to ensure timely adherence to statutory procedures.

Workers' Compensation Appeals BoardPetition for ReconsiderationSpinal Surgery Second Opinion PhysicianUtilization ReviewLabor Code Section 4062(b)Industrial InjuryCervical Spine SurgeryTreating PhysicianIndustrial InjuryDeclaration of Readiness to Proceed
References
Case No. ADJ370366 (VNO 0526012)
Regular
Jun 24, 2009

JUAN ZAMANO vs. DIVERSE STAFFING, F. A. RICHARDS AND ASSOCIATES

This case involved a dispute over an applicant's entitlement to temporary disability benefits and recommended neck surgery following an admitted industrial injury. The employer sought reconsideration, arguing the medical evidence supporting the WCJ's award was insufficient and that a different statutory scheme for medical treatment disputes should apply. The Appeals Board found the employer's arguments regarding statutory interpretation unpersuasive and, critically, that the employer's utilization of the correct dispute resolution process for spinal surgery, specifically whether Utilization Review (UR) was properly conducted under Labor Code section 4610, was unclear. Consequently, the Board rescinded the WCJ's decision and remanded the case to the trial level to determine if the employer engaged in UR, instructing the WCJ to issue a new decision based on that determination and relevant case law.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryTemporary DisabilityNeck SurgerySpinal SurgeryQualified Medical EvaluatorLabor Code Section 4062Labor Code Section 4610Utilization Review
References
Case No. ADJ3226482 (FRE 0237862)
Regular
Jul 02, 2009

JOEY BARELA vs. LEPRINO FOODS, MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming the administrative law judge's finding of industrial injury to the applicant's low back. The Board found that the applicant's $34\%$ permanent disability rating, determined using the AMA Guides and the 2005 Schedule, was correct, even though the applicant self-procured back surgery after the defendant denied authorization. Despite the denial, the agreed medical examiner later opined the surgery was reasonable and necessary, and it relieved the applicant's symptoms, supporting the disability assessment. Defendant did not rebut the permanent disability calculation under Labor Code section 4660.

Self-procured surgeryAgreed Medical ExaminerPermanent disability ratingAMA GuidesLabor Code section 4660Utilization reviewSecond opinionDRE Category IVWhole Person ImpairmentReconsideration denied
References
Case No. ADJ7944481
Regular
Aug 22, 2013

IGNACIO PAZ vs. BENIHANA, INC., ZURICH LOS ANGELES

In this workers' compensation case, multiple lien claimants' liens were dismissed for failure to pay the required activation fee or appear at a lien conference. Their attorney claimed they lacked notice of the conference, but evidence indicates their representative initiated the conference and was served with notice. The Appeals Board granted reconsideration to consider sanctions against the attorney for filing a petition for reconsideration that appears indisputably without merit, potentially based on misrepresentation or failure to investigate facts. The Board intends to impose sanctions on the attorney for alleged bad faith actions under Labor Code Section 5813.

Lien activation feeLabor Code section 5813WCAB Rule 10561Declaration of ReadinessNotice of Hearinglien conferencepetition for reconsiderationbad faith actionfrivolous petitiondue process violation
References
Case No. OAK 263916
Regular
Jun 04, 2008

JEFFREY HONEYWELL vs. SAFEWAY STORES

The Workers' Compensation Appeals Board denied lien claimant Bay Surgery Center's petition for reconsideration, upholding the administrative law judge's decision to award partial payment for medical services. The Board also dismissed Safeway Stores' petition for reconsideration as untimely filed. Additionally, the Board admonished the lien claimant's representative for unprofessional comments made about the judge.

Bay Surgery Centerdiscographypump proceduresitemized billsLabor Code section 4603.2substantial evidencereasonableness of chargespenalty assessmentpenalty for unreasonable delayfictitious name permit
References
Showing 1-10 of 2,095 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