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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ7215196 (MF) ADJ7214862 ADJ7267507
Regular
Feb 16, 2017

KARA ELLIS vs. CALIFORNIA HIGHWAY PATROL

The Workers' Compensation Appeals Board denied the California Highway Patrol's petition for reconsideration. The Board affirmed the administrative law judge's finding of 100% permanent total disability for the applicant, Kara Ellis, due to injuries sustained as a sworn officer. The employer failed to meet its burden of proof to demonstrate apportionment of prior disability awards, as required by law, and did not prove overlap of injuries. Therefore, the applicant is entitled to an unapportioned award of total permanent disability and future medical treatment.

Permanent Total DisabilityApportionmentOverlapLabor MarketEarning CapacitySworn OfficerIndustrial InjuriesUnapportioned AwardPrior AwardBody Parts
References
Case No. ADJ838588 (VNO 0384987) ADJ2342741 (VNO 0384985) ADJ1363723 (VNO 0384986)
Regular
Nov 10, 2016

RICHARD PEREZ vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

This case concerns applicant Richard Perez's claim for increased permanent disability benefits for injuries sustained as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award, but affirmed the WCJ's denial of the defendant's request to apportion the increased disability. The WCAB reasoned that applying the current Labor Code sections 4663 and 4664 for apportionment would retroactively amend a prior award, violating legislative intent. Therefore, the applicant is entitled to an unapportioned increase in permanent disability, with clerical errors corrected in the award.

WCABPetition for ReconsiderationFindings Award and OrderWCJdeputy sheriffbilateral shouldersleft kneeleft forearmstipulated awardaverage weekly earnings
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437
Regular
Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers
References
Case No. ADJ2034254 (RIV 0075737)
Regular
Jan 30, 2015

WAYNE MAVERICK vs. MARRIOTT INTERNATIONAL

The Applicant sought reconsideration of an award that apportioned his psychiatric permanent disability. The Appeals Board granted reconsideration, finding the Agreed Medical Examiner's apportionment of psychiatric disability was not supported by substantial medical evidence. The Board ruled the Applicant was entitled to an unapportioned award for his psychiatric permanent disability. Consequently, the permanent disability award and attorney's fees were increased.

Workers' Compensation Appeals BoardWayne MaverickMarriott InternationalAmended Findings and Awardapportionmentpermanent disabilitylumbar spinepsycheAgreed Medical ExaminerDr. Feldman
References
Case No. ADJ3403546 (MON 0254857) ADJ410328 (MON 0270021)
Regular
Feb 04, 2011

DOLLY HARRIS vs. STATE OF CALIFORNIA - DEPT. OF CONSUMER AFFAIRS/BOARD OF PHARMACY, STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of a workers' compensation award for 100% permanent disability, arguing the administrative law judge erred by not apportioning the disability between two distinct injuries. The Appeals Board denied the petition, finding that the defendant failed to meet its burden to prove apportionment. The Board also noted that the stipulated joinder of the injuries and lack of apportionment evidence from the defendant supported an unapportioned award. Furthermore, the defendant's challenge to the attorney's fee award was insufficient.

WCABPetition for ReconsiderationJoint Findings of Fact and Awardcumulative traumaspecific injurypermanent disabilityunapportioned awardattorney's feeapportionmentSB 899
References
Case No. TI11711888
Regular

ROBERT MCFARLAND vs. CHARLES ABBOTT ASSOCIATES, ST. PAUL TRAVELERS and its property casualty affiliates and subsidiaries

In this workers' compensation case, the defendant sought reconsideration of an award finding the applicant 100% permanently disabled without apportionment. The Appeals Board denied the petition, upholding the finding that the applicant's total disability stemmed directly from unsuccessful spinal surgery following an industrial injury. The Board relied on the *Hikida* case, which permits unapportioned awards when permanent disability arises directly from unsuccessful medical treatment, even if non-industrial factors contributed to the need for that treatment. Prior stipulations regarding apportionment were deemed not binding on new and further disability claims arising from failed surgery syndrome.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentFailed Medical TreatmentHikidaAgreed Medical EvaluatorStipulationsNew and Further Disability
References
Case No. ADJ7024559
Regular
Sep 24, 2013

ANTONIA PEDRO vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant Kaiser Foundation Hospital sought reconsideration of an award, claiming newly discovered evidence of EDD payments to the applicant during a period of permanent disability advances. The parties subsequently reached an agreement resolving the issue of EDD reimbursement. Consequently, the Appeals Board granted reconsideration, rescinded the original award, and remanded the matter to the WCJ. The WCJ is to issue an amended award based on the parties' revised stipulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardAwardNewly Discovered EvidenceEDDPermanent Disability AdvancesPermanent Disability IndemnityAmended AwardReimbursement
References
Case No. ADJ9870934, ADJ9870932
Regular
Mar 13, 2019

Julio Espana vs. STOCKTON UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board rescinded the previous award and returned the case for further development of the record. The applicant claims his post-surgery disability, resembling Complex Regional Pain Syndrome, arose directly from treatment for his industrial injuries, arguing for an unapportioned award per *Hikida*. Medical evidence suggests a possible complication from the surgery caused increased pain and disability, but the extent to which this surgery directly caused the applicant's permanent disability requires further evaluation. Therefore, the case is remanded for an Agreed Medical Examiner to determine causation, diagnosis, and apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent Disability RatingUnapportioned AwardComplex Regional Pain SyndromeAMA GuidesQualified Medical EvaluatorMedical Malpractice LawsuitSpinal Surgery Complication
References
Showing 1-10 of 6,317 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