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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ7472541
Regular
Sep 02, 2014

MIRNA REYES vs. PREMIER BUILDING MAINTENANCE SERVICES, ZURICH NORTH AMERICA

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was primarily based on the petition not being timely-filed, as the applicant's representative received personal service of the underlying order. Even if the petition had been considered timely, the Board indicated it would have been denied on the merits. Consequently, the Board formally ordered the dismissal of the petition for reconsideration.

Petition for ReconsiderationDismissing PetitionTimely-filedPersonal ServiceOrder Dismissing LienWCJ Report20-day time limitService by mailMeritsWorkers' Compensation Appeals Board
References
Case No. VNO 0472812
Regular
Mar 13, 2008

MONICA GUTIERREZ vs. LOS ANGELES TIMES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a decision disallowing a $\$13,113.00$ lien claim by Irvine Spinal Treatment Center. The Board found the petition for reconsideration was timely due to defective service on the lien claimant. Furthermore, proof of service for the lien claimant's exhibits was found in the file, prompting the case's return to the WCJ for a decision on the merits.

Irvine Spinal Treatment CenterPinnacle Lien ServicesWCJreconsiderationlien claimantdefective serviceaddress discrepancytimely filedKunz v. Patterson Floor CoveringsZenith Insurance Company
References
Case No. ADJ2395920 (VNO 0339759) ADJ2271599 (LAO 0819690)
Regular
Apr 21, 2014

YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant claimed they were never served with the original award, but the WCAB found their petition was filed more than 20 days after they "became aware" of the decision. The WCAB emphasized that in cases of defective service, the petition must be filed within 20 days of actual receipt. Additionally, the defendant was admonished for raising new issues and for procedural errors in their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtimely filingserviceLabor CodestipulationElectronic Adjudication Management System (EAMS)defective serviceuntimely petition
References
Case No. ADJ8216409
Regular
Jan 20, 2015

NORMA FLORES vs. DEPARTMENT OF SOCIAL SERVICES/IHSS, YORK RISK SERVICES

In *Flores v. Department of Social Services/IHSS*, the Workers' Compensation Appeals Board (WCAB) dismissed an applicant's petition for reconsideration as untimely. The petition was filed on November 26, 2014, more than twenty-five days after the WCJ's decision was served on October 20, 2014. The WCAB emphasized that the filing deadline for a petition for reconsideration is jurisdictional. Therefore, the Board lacked the authority to grant the petition, regardless of its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitWCJ Report and RecommendationDismissalService of DecisionMailing ExtensionCode of Civil Procedure Section 1013
References
Case No. ADJ9439731
Regular
Feb 15, 2018

MAURICIO PALOMO vs. WARNER BROTHERS STUDIO ENTERPRISES, INC.

The Workers' Compensation Appeals Board denied Warner Brothers' Petition for Reconsideration. While the petition was timely filed due to defective service of the original order, the Board ultimately denied reconsideration on the merits. The Board adopted the Judge's report and reasoning, but clarified that reconsideration was not dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLabor Code § 5811Interpreting ServicesProof of ServiceDefective ServiceDue ProcessTolled TimeShipley v. Workers' Comp. Appeals Bd.
References
Case No. VNO 386794, VNO 290443, VNO 401331, VNO 332982
Regular
Aug 08, 2007

ANA PALENCIA vs. SAMCO SCIENTIFIC

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing Albers Medical Pharmacy's lien because there was no proof of service of the dismissal order. The lien claimant did not receive actual notice until much later, making their petition for reconsideration timely. The Board rescinded the dismissal and returned the matter for further proceedings, emphasizing that failure to properly serve a party is a substantive defect.

Albers Medical PharmacyPetition for ReconsiderationOrder Dismissing LienService of ProcessProof of ServiceActual NoticeNotice of Intention to DismissLien ClaimantRescind OrderReturn to Trial Level
References
Case No. ADJ8452616
Regular
Sep 11, 2012

GUILLERMO SANDOVAL DE LA CRUZ vs. DMS FACILITY SERVICES, ZURICH NORTH AMERICA

This case concerns a Petition for Reconsideration filed by a lien claimant, Tri-County Medical Group, challenging an arbitrator's disallowance of its liens. The Appeals Board dismissed the petition because it was not timely filed with the Board and was instead mailed to the arbitrator. Furthermore, the Board noted the petition lacked proper verification and the proof of service was defective. Even if timely, the Board would have denied the petition on its merits due to insufficient evidence presented by the lien claimant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDisallowed LiensMedical Provider Network (MPN)Arbitrator's FindingsTimely FilingJurisdictionRule 10865Proof of Service
References
Showing 1-10 of 6,901 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