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. 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. ADJ1774552 (OXN 0142840) ADJ3077412 (OXN 0142839)
Regular
Oct 28, 2008

ROGENE GIANGROSSI vs. CALIFORNIA DEPARTMENT OF CORRECTIONS - CHINO, STATE COMPENSATION INSURANCE FUND

The applicant's petition for removal was denied because the Workers' Compensation Appeals Board found no abuse of discretion by the administrative law judge (WCJ). The WCJ correctly took the case off calendar when the applicant was absent for trial due to relocating out of state, as permitted by board rules. The board also found that the WCJ's order did not prejudice the applicant's right to future discovery or due process.

Petition for RemovalOff CalendarAbuse of DiscretionDue ProcessMandatory Settlement ConferenceDeferred RulingDevelopment of RecordSubstantial PrejudiceIrreparable HarmWorkers' Compensation Appeals Board
References
Case No. ADJ6950787
Regular
Jun 22, 2012

JOSE BARRIENTOS vs. MARK GREENBERG, ALLSTATE INSURANCE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the administrative law judge (WCJ) abused discretion by finding the applicant credible, specifically regarding the duration of employment to exclude him from employee status under Labor Code §3352(h). The WCJ adopted the report recommending denial, emphasizing applicant's credible testimony regarding hours worked and pay, and finding the defendant's testimony less reliable due to a lack of direct knowledge. The Board extended great weight to the WCJ's credibility findings, affirming the denial of reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility findingLabor Code §3352(h)employee definitionconflicting testimonyobservational demeanorunreliable testimonyunrebutted testimony
References
Case No. ADJ6463173
Regular
Feb 13, 2015

Salvador Orozco vs. Golden Wheel Corporation, Pacific Compensation Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order from a WCJ that sanctioned a lien claimant and ordered personal appearances from its representatives. The WCAB found that the WCJ abused his discretion by issuing sanctions and appearance orders without affording the lien claimant proper due process and notice. Specifically, the lien claimant was not adequately notified that its compliance with Business & Professions Code section 22450 regarding photocopier licensing would be litigated and result in sanctions. The case is returned to the WCJ for further proceedings consistent with due process, allowing for evidence and legal briefing on the licensing issue.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationPetition for RemovalNotice of Intention to SanctionWCJMonetary SanctionsBusiness LicenseBusiness and Professions Code Section 22450Due Process
References
Case No. ADJ4617702 (GOL 0098783) ADJ1170523 (GOL 0100196)
Regular
Mar 24, 2015

EVE JOHNSON vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Appeals Board granted the Defendant's Petition for Removal and Disqualification of the Workers' Compensation Judge (WCJ). The WCJ abused his discretion by sua sponte initiating sanctions against the Defendant and ordering the appearance of their claims adjuster, instead of proceeding to trial on the applicant's representation status. Furthermore, the WCJ's expressed opinions and actions created an appearance of bias, necessitating his disqualification. The case is returned to the trial level for a new hearing on the originally scheduled issues.

Workers Compensation Appeals BoardPetition for RemovalPetition for DisqualificationAdministrative Law JudgeSanctionsMedical-Legal EvaluationLabor CodeRepresented ApplicantUnrepresented ApplicantQME
References
Case No. ADJ7932962; ADJ7932963; ADJ11544304
Regular
Dec 12, 2019

APRIL TORRES vs. ASHLEY FURNITURE INDUSTRIES, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted in this case. The Board found no substantial prejudice or irreparable harm would result from denying removal, nor that reconsideration would be an inadequate remedy. The defendant's contention of abuse of discretion by the WCJ for not striking amended applications was rejected, as objections to these amendments remain available for trial. The defendant's claim of having no other remedy was also refuted, with the Board suggesting filing a new Declaration of Readiness to Proceed to Trial on all issues.

Petition for RemovalWorkers' Compensation Appeals BoardAshley Furniture IndustriesZurich American InsuranceApril TorresADJ7932962ADJ7932963ADJ11544304WCJMinute Order
References
Case No. VNO 545629
Regular
Apr 10, 2008

FREDERICK HALLER vs. CITY OF RIVERSIDE POLICE DEPARTMENT, CITY OF RIVERSIDE WORKERS' COMPENSATION OFFICE

The Workers' Compensation Appeals Board denied reconsideration of a decision that established a reasonable attorney fee rate of $225 per hour. The applicant's counsel sought a higher rate, arguing that deposition fees were discretionary and citing internal guidelines from other district offices. The Board found the $225 rate reasonable based on local standards and the WCJ's discretion under Labor Code Section 5710.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ discretiondeposition feesreasonable rateattorney feesabuse of discretionLabor Code Section 5710removalRiverside
References
Case No. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
Case No. ADJ194480 (VNO 0510012)
Regular
Nov 03, 2009

CHARLES LOPEZ vs. BEST ROOFING AND WATERPROOFING, CNA CLAIMS

Defendant's petition for removal is denied because the WCJ did not abuse discretion in ordering development of the record, and reconsideration will be an adequate remedy for any remaining issues.

Petition for RemovalWCJ Abuse of DiscretionRecord DevelopmentCompensable Consequence InjuriesLabor Code Section 5502(e)(3)Mandatory Settlement ConferenceTrial ObjectionsAdmissibility of Medical ReportsSections 40614062
References
Case No. ADJ8061663
Regular
Feb 10, 2015

Nelson Salgado vs. Walter Weinstein, STATE FARM INSURANCE COMPANY

The Appeals Board dismissed the lien claimant's petition for reconsideration but granted removal, rescinding the WCJ's notice of intention to sanction. The Board found the WCJ prejudged the lien claimant's entitlement to payment and improperly threatened sanctions without a hearing on the merits. The matter was reassigned to a different WCJ due to the perceived bias.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantWestern Imaging ServicesSanctionsWCJAbuse of DiscretionBusiness and Professions Code 22450Prejudgment
References
Showing 1-10 of 10,061 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