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. ADJ9755370
Regular
Aug 10, 2017

BERNARDINO GARDEA vs. CITY OF PASADENA

This case concerns the City of Pasadena's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding the applicant's occupational group number. The WCJ initially recommended dismissal of the reconsideration petition as untimely. However, the defendant has now requested leave to file a supplemental petition to address issues raised in the WCJ's report. The WCAB has granted the defendant's request to file this supplemental petition. The defendant is ordered to file the supplemental petition within 20 days, either by mail or via EAMS, to avoid rejection.

Workers' Compensation Appeals BoardSupplemental PetitionReconsiderationOccupational Group NumberAdministrative Law JudgePetition for ReconsiderationWCAB Rule 10848Electronic Adjudication Management SystemEAMSCity of Pasadena
References
0
Case No. MISSING
Regular Panel Decision

Eddins v. Excelsior Independent School District

These consolidated actions address whether the court should exercise supplemental jurisdiction over state law tort claims stemming from a dispute over the educational rights of two children, Mary W. and Christy McD. The Magistrate Judge recommended declining supplemental jurisdiction, citing the lack of a common nucleus of operative facts between the federal claim (42 U.S.C. § 1983 action for enforcing administrative orders) and the state law tort claims, and the predominance of state law claims. District Judge Hannah conducted a de novo review, affirmed these findings, and adopted the Magistrate Judge's report, thereby overruling plaintiffs' objections and declining supplemental jurisdiction over the state tort claims.

Supplemental JurisdictionState Law ClaimsTort ClaimsFederal ClaimsEducational RightsDisability LawSection 1983Magistrate Judge ReportDe Novo ReviewJudicial Discretion
References
17
Case No. ADJ7643460
Regular
May 01, 2017

Tracy Lee vs. XCHANGING, GRANITE STATES INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case concerns Defendant's Petition for Removal seeking a new Qualified Medical Evaluator (QME) panel due to a QME's untimely supplemental report. The Appeals Board denied the petition, finding Defendant failed to demonstrate substantial prejudice or irreparable harm. While the QME's report was late, Labor Code Section 4062.5 and Rule 31.5(a)(12) do not mandate replacement for untimely supplemental reports, making the decision discretionary. The WCJ's decision not to order a replacement was reasonable given the QME's extensive involvement and the lack of a mandatory replacement provision.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical EvaluatorQME panelsupplemental reportuntimelysubstantial prejudiceirreparable harmLabor Code section 4062.5Rule 31.5(a)(12)
References
5
Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. ADJ7242422
Regular
Sep 24, 2013

TRACIE WHITE vs. COUNTY OF SACRAMENTO, DEPARTMENT OF FINANCE

The Workers' Compensation Appeals Board denied the County of Sacramento's Petition for Removal. The County sought to replace a Qualified Medical Evaluator (QME) due to an allegedly untimely supplemental report. The Board affirmed the administrative law judge's denial, interpreting Administrative Director Rule 38(h) to grant QMEs sixty days for supplemental reports. The Board also noted the County objected to the report before receiving it.

Petition for RemovalQualified Medical EvaluatorQME panelsupplemental reportuntimely reportAdministrative Director Rule 38Report and RecommendationFajardo v. Workers' Comp. Appeals Bd.WCJoff calendar
References
1
Case No. ADJ2182506 (SFO 0470932)
Regular
Jun 08, 2010

LARRY CHIAPPELLONE vs. NORCAL/GOLDEN GATE DISPOSAL and RECYCLING COMPANY, JT2 INTEGRATED SERVICES

This case involved a defendant's petition for removal seeking a new Qualified Medical Evaluator (QME) due to alleged delays. The Appeals Board denied the petition, adopting the WCJ's reasoning that Labor Code section 4062.5 and related regulations do not mandate a new QME for untimely supplemental reports. Specifically, regulations address timeframes for initial evaluations, not supplemental ones, and the failure to meet supplemental report deadlines does not necessitate a new QME. Therefore, the WCJ's denial of the defendant's motion was not an abuse of discretion.

Petition for RemovalQualified Medical EvaluatorSupplemental ReportRegulatory TimeframesLabor Code Section 4062.5Administrative Director Rule 38(h)WCJ DiscretionNew Panel QMEMedical Evaluation ProcessReappointment Grounds
References
0
Case No. ADJ8975338
Regular
Jun 21, 2017

Kevin Livingstone vs. ATI, American Insurance Company, ESIS

This case involves a defendant's attempt to strike a Qualified Medical Evaluator's (QME) report and obtain a replacement due to a 7-day delay in a supplemental report. The Appeals Board vacated its prior order granting reconsideration because the initial WCJ's order denying the strike was not a final order subject to reconsideration. The Board further denied the defendant's petition for removal, finding no irreparable harm. The ruling clarifies that only an untimely initial QME evaluation mandates replacement, whereas a late supplemental report is within the WCJ's discretion to address based on good cause.

WCABPetition for ReconsiderationPetition for RemovalQualified Medical EvaluatorQMESupplemental ReportTimelinessFinal OrderInterlocutory OrderAdministrative Director
References
14
Case No. MISSING
Regular Panel Decision

Claim of Estate of Seitz v. Jacobson & Co.

This appeal concerns the timeliness of a supplemental application for review in a workers' compensation death benefits claim. John Seitz, a sheet metal worker, died from asbestosis-related lung cancer. His surviving spouse filed for benefits but died before causality was established, leading a WCLJ to close the case. The decedent's estate sought to reopen the case, and although a WCLJ initially ruled the claim abated upon the spouse's death, the estate filed for Board review. After being granted an extension by the Board's Office of Appeals, the estate filed a supplemental application arguing for benefits under Workers' Compensation Law § 16 (4-b). However, a Board panel subsequently deemed this application untimely and denied the claim. The Appellate Court reversed, finding the Board abused its discretion by rejecting the application as untimely after granting an extension, and also noted the Board's unexplained departure from prior precedents. The case was remitted to the Workers’ Compensation Board for further proceedings.

Death Benefits ClaimSupplemental Application ReviewTimeliness of FilingAbatement of Death BenefitsWorkers' Compensation Law Section 16 (4-b)Appellate Division ReviewAbuse of DiscretionBoard PrecedentRemand for Further ProceedingsAsbestosis-related Cancer
References
7
Case No. ADJ135793 (RIV 0002626)
Regular
Mar 04, 2009

STEPHANIE KAUPP-COUTTS, STEPHANIE RICE vs. VALLEY HEALTH SYSTEM, TRISTAR RISK MANAGEMENT

This case involves a defendant's untimely petition for reconsideration of an order awarding attorney fees. The defendant argued that a later dental report indicated the applicant was not temporarily disabled for the entire period. However, the petition was filed 56 days after service, exceeding the 25-day limit for reconsideration. The Appeals Board dismissed the petition as untimely, finding no basis to act on its own motion. The Board also noted the defendant's request to rescind was not compelling given the timing of the supplemental report.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder to Pay Attorney FeesTemporary Disability BenefitsJerome Peterson D.D.S.Labor Code section 5900(b)Untimely PetitionJurisdictional Time LimitMandatory Settlement ConferenceOverpayment Issue
References
2
Case No. ADJ1384238 (SAC 0366460)
Regular
Oct 09, 2017

ROSA VIRGEN vs. MACY'S WEST, MACY'S CORPORATE SERVICES-RISK MANAGEMENT DEPARTMENT

The Workers' Compensation Appeals Board denied Macy's West's petition for removal, upholding the WCJ's decision not to grant a replacement Qualified Medical Evaluator (QME). The Board found that a late supplemental report alone does not mandate a replacement QME under LC 4062.5 or AD Rule 31.5(a)(12). Granting a replacement QME for untimely supplemental reporting is discretionary and requires a showing of good cause, which Macy's failed to demonstrate. The Appeals Board retains exclusive jurisdiction over the validity of replacement panels.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical EvaluationPQMEReplacement PanelMedical DirectorTimelinessSupplemental ReportGood CausePrejudice
References
4
Showing 1-10 of 8,563 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