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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

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
0
Case No. ADJ8171717
Regular
Oct 09, 2014

ANOUSH MASSIHI vs. OCCIDENTAL COLLEGE, SEABRIGHT INSURANCE COMPANY

This case involves Anoush Massihi's workers' compensation claim against Occidental College and Seabright Insurance Company for continuous trauma injuries. The Defendants petitioned for reconsideration, challenging the Workers' Compensation Judge's (WCJ) reliance on Dr. Sobel's medical opinions, findings on wages and concurrent employment, apportionment, and the employer's Medical Provider Network status. The WCJ's report recommended denying reconsideration, finding that the WCJ properly exercised discretion in weighing medical evidence and that issues of wages and concurrent employment were waived. The WCJ also found sufficient basis for apportionment and that the MPN issue was irrelevant to the decision. The Workers' Compensation Appeals Board adopted the WCJ's report and denied the petition for reconsideration.

Workers' Compensation Appeals BoardOccidental CollegeSeabright Insurance CompanyPetition for ReconsiderationWCJ ReportAnoush MassihiContinuous Trauma InjuryDr. Philip SobelQualified Medical ExaminerPQME
References
0
Case No. ADJ8843441
Regular
Oct 16, 2013

AUSTIN KWOMO vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with *McDuffie*, with the WCJ retaining discretion to supplement the record *after* trial if necessary. The petition for disqualification of the WCJ was denied.

Petition for RemovalOrder Off CalendarFurther Development of RecordMedical OpinionsThreshold MatterTrialSubmission for DecisionExhibitsWitnessesSupplementation of Medical Record
References
1
Case No. ADJ7016413
Regular
Jun 24, 2010

KEITH TRIGG vs. ASPLUNDH TREE EXPERT COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Appeals Board granted defendant's petition for removal, rescinding the WCJ's order to obtain medical records. The Board found no abuse of discretion in the WCJ's decision to submit the case for decision on the existing record, emphasizing that parties presented witnesses and appeared satisfied with their evidence. The Board reasoned that the WCJ observed witness demeanor and credibility, and no reason existed to believe a determination could not be made on the presented testimony. The case was returned to the WCJ for submission on the current record.

Petition for RemovalWorkers' Compensation Appeals BoardWCJIndustrial InjuryMedical RecordsTrial StrategyDiscoveryLabor Code Section 5502(c)(3)Labor Code Section 5701Labor Code Section 5906
References
2
Case No. ADJ9919365, ADJ9919392, ADJ10564628
Regular
Aug 25, 2017

ALFREDO JORDAN RAMOS vs. BEN'S ROOFING, INC., REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's decision due to improperly identified exhibits and a lack of specific record citations in the opinion. The WCJ improperly admitted grouped medical reports and failed to cite which specific reports formed the basis of the Findings and Award. While the Appeals Board acknowledges the potential admissibility of the applicant's treating physician's later report, the WCJ retains discretion over its admission. The case is returned for further proceedings to allow for proper development of the record and a clearer articulation of the WCJ's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardQualified Medical EvaluatorTreating Physician ReportLabor Code Section 5703Develop the RecordAdmissibility of EvidencePermanent DisabilityPanel QME
References
5
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ440509 (SBR 0317006)
Regular
Oct 15, 2012

VICTORIA AGEE vs. STATE OF CALIFORNIA, Legally Uninsured, DEPARTMENT OF CORRECTIONS CRC, STATE COMPENSATION INSURANCE FUND, Adjusting Agent

This case involves a lien claimant, the applicant's attorney, seeking reconsideration of an Amended Findings and Award. The WCJ found the applicant sustained a 100% permanent disability for life, with attorney fees set at 15% of accrued awards. The attorney disagreed with the WCJ's indication that fees would be paid "from the side" of the award, preferring commutation from the "far end." The Appeals Board dismissed the petition because the WCJ's finding on attorney fees was not a final order, as it deferred the issue pending further proceedings. The Board noted that commutation from the "side of the award" is customary in permanent total disability cases and is within the WCJ's discretion.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardCumulative Industrial InjuryCorrectional OfficerPermanent Disability BenefitsAttorney FeesPetition for CommutationDisability Evaluation UnitDeclaration of Readiness
References
3
Case No. ADJ2826354
Regular
Oct 30, 2018

CARLOS ARELLANO vs. LYONS INVESTMENT PROPERTIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

This case involves an applicant's attorney seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCJ awarded $1,708.33 in deposition fees but denied claims for penalties, additional attorney fees, and costs. The WCAB denied reconsideration, finding no abuse of discretion by the WCJ in determining the reasonableness of the fees or the defendant's actions. The applicant's attorney argued the WCJ erred in the hourly rate for fees and in denying penalties and sanctions. The WCAB affirmed the WCJ's findings, emphasizing that Labor Code section 5710 fees are discretionary and the applicant failed to demonstrate unreasonableness or entitlement to further awards.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5710Attorney FeesDepositionsCompromise and ReleaseCalifornia Insurance Guarantee Association (CIGA)Superior National Insurance CompanyWCJWCAB Rule 10848
References
0
Case No. ADJ16859150
Regular
Aug 29, 2025

CHRISTIAN LOPEZ vs. STUART DEAN COMPANY, STARR SPECIALTY INSURANCE COMPANY

Applicant Christian Lopez sought reconsideration of a Findings and Award (F&A) issued by the WCJ on June 3, 2025, contending that the WCJ erred in not awarding attorneys' fees or imposing sanctions against the defendant under Labor Code section 5813. The Appeals Board, after considering the petition, defendant's answer, and the WCJ's Report and Recommendation, found that the petition was timely acted upon within the 60-day statutory period. The Board concluded that the WCJ did not abuse her discretion in declining to impose sanctions and attorney's fees, as such actions are discretionary and no evidence of bad-faith tactics by the defendant was presented. Consequently, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAttorneys' FeesSanctionsLabor Code Section 5813Labor Code Section 5909Electronic Adjudication Management SystemTemporary Total DisabilityLabor Code Section 5814
References
8
Case No. ADJ6820630
Regular
Mar 19, 2018

MARK COLLINS vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The WCAB dismissed the Defendant's Petition for Reconsideration because it was not filed from a final order. The Board granted the Defendant's Petition for Removal to rescind the WCJ's order vacating submission and appointing a new physician. The WCJ erred by refusing to accept the AME's rating based on the Diagnosis-Related Estimate (DRE) method, as physicians have discretion to use the most accurate method. However, the AME's own deposition testimony indicated that the Range of Motion (ROM) method, mandated by the WCJ, would yield a higher impairment rating. Therefore, the matter is returned to the trial level for the WCJ to obtain a permanent disability rating using the existing record and potentially consulting a DEU rater.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical Examiner (AME)Range of Motion (ROM) methodDiagnosis-Related Estimates (DRE) methodAmerican Medical Association's Guides (AMA Guides)Whole Person Impairment (WPI)cumulative traumaspinal injury
References
6
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