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. ADJ1952983
Regular
Mar 15, 2018

JUAN RIVERA vs. IMPORT EXPORT CACTUS, STATE COMPENSAITON INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of a prior ruling that deemed them to have waived objections to a specific invoice from lien claimant Scandoc Imaging. The WCAB denied reconsideration, finding that the defendant's objection, if any, was untimely, having been filed approximately four years after the invoice was submitted. California regulations require objections to medical-legal billings within 60 days to avoid waiver. Therefore, the defendant waived their objections to the reasonableness of the services and charges for invoice #234447-3.

WCABPetition for ReconsiderationFindings and Orderslien claimantinvoice objectionwaiver of objectionreasonableness of servicesLabor Code section 4622Scandoc ImagingImport Export Cactus
References
Case No. ADJ758842 (VNO 0559214)
Regular
Dec 17, 2010

JOHN PATCHETT vs. CITY OF LOS ANGELES

The Appeals Board denied the applicant's petition for removal, affirming the WCJ's decision to vacate the submission. This action was based on the DEU evaluator's testimony, which revealed deficiencies in the AMEs' reports concerning the AMA Guides. The Board found the applicant waived any objection to this testimony by failing to object at trial, and that the evaluator's expert opinion was permissible per *Blackledge v. Bank of America*. Defendant's objection, though not styled as a motion to strike, sufficiently raised the issues leading to the vacation of the rating.

Petition for RemovalOrder Vacating SubmissionDEU evaluatorAMA Guidesagreed medical evaluators (AMEs)rating instructionssubstantial evidenceobjective factors of disabilitywhole person impairmentformal rating
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. ADJ6669630
Regular
Jul 23, 2018

ROBERT SAXTON vs. SELECT A SERVICE RETAIL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding a lien claim by Western Imaging Services for copying services. The WCAB found that for most invoices, the defendant waived objections to reasonableness due to untimely and invalid objections. However, the WCAB noted potential issues with two specific invoices (82003-7 and 82003-8) and deferred the final determination of reimbursement for these and other contested invoices. The matter was returned to the administrative law judge for further proceedings on the validity of those specific invoices.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeReimbursementFee ScheduleObjectionsInvoicesReasonable and Necessary
References
Case No. LBO 0359639
Regular
Aug 28, 2007

TOMAS GARCIA vs. A. TEICHERT & SON, INC.

The Workers' Compensation Appeals Board dismissed A. Teichert & Son's petition for removal as untimely. The petition was filed 62 days after the Notice of Hearing, exceeding the 20-day limit for removal petitions. Even if considered on its merits, the employer waived any venue objections by failing to object within the statutory 30-day period after receiving notice of the case.

Petition for RemovalAsbestos CalendarLabor Code Section 5500.5VenueApplicant's AttorneyWCAB Rule 10843(b)Untimely PetitionOrder Joining Party DefendantVenue ObjectionLabor Code Section 5501.5(a)(3)
References
Case No. ADJ7281695
Regular
Feb 02, 2017

MARIA COSME HERNANDEZ vs. CARDENAS MARKET, INC., PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the WCJ's finding that the applicant was not a credible witness, giving great weight to the WCJ's observation of her demeanor. The Board also found no substantial evidence to overturn the credibility determination and noted the applicant's failure to meet her burden of proof by a preponderance of the evidence. Furthermore, any objection to the admissibility of defendant's Exhibit A was deemed waived due to the lack of objection at trial.

Petition for ReconsiderationCredibility DeterminationDemeanor on the StandSubstantiality of EvidenceBurden of ProofPreponderance of EvidenceIndustrial InjuryAdmissibility of EvidenceWaived ObjectionWorkers' Compensation Appeals Board
References
Case No. ADJ6754074
Regular
Dec 14, 2010

BARBARA JACOME vs. DURHAM SCHOOL SERVICES, OLD REPUBLIC, SEDGWICK CMS

This case involves an applicant's petition for removal challenging a WCJ's order granting the defendant's request for a replacement Qualified Medical Evaluator (QME). The applicant argued the defendant's objection to the QME's report timeliness was conditional and not properly served, thereby waiving their right to a replacement. The Appeals Board granted removal, finding the defendant's objection, made after receiving the report, was insufficient and void. Therefore, the defendant was not entitled to a replacement panel, and the QME's report was deemed admissible.

Petition for RemovalQualified Medical EvaluatorReplacement PanelTimeliness ObjectionConditional ObjectionLabor Code SectionsCalifornia Code of RegulationsMedical DirectorAdministrative DirectorComprehensive Medical-Legal Evaluation
References
Case No. ADJ6860509
Regular
Aug 16, 2012

JESUS HERNANDEZ vs. PLS FINANCIAL SERVICES, CHARTIS

This case concerns a lien claimant, Syndicated Diagnostic Imaging, whose lien was dismissed by the WCJ for failing to appear at a lien conference and not filing a timely objection to a notice of intent to dismiss. The lien claimant argued its representative appeared, and it filed a timely objection, but the Board found the objection was filed late and lacked proof of service or filing. The Board affirmed the dismissal because the lien claimant failed to demonstrate good cause for its absence or timely object to the dismissal notice.

Lien claimantSyndicated Diagnostic ImagingPetition for ReconsiderationOrder DenyingWCJlien conferencenotice of intention to dismissgood causeobjectionhearing representative
References
Case No. ADJ1021405
Regular
Sep 12, 2008

FRANCISCO RAMIREZ vs. SOUTHLAND PIPE CORPORATION, STATE COMPENSATION INSURANCE FUND

The WCAB denied defendant's petition for reconsideration of the Order Denying Change of Venue, finding that the defendant's objection to venue was untimely and waived.

Venue selectionObjection to venueTimeliness of objectionRule 10410Waiver of rightLabor Code section 5501.5(a)(3)Administrative law judgeReconsideration denialMandatory settlement conferenceFinal order
References
Case No. ADJ9163491; ADJ9163494
Regular
Jan 09, 2015

RIGOBERTO NORIEGA vs. BEST WESTERN TOWN & COUNTRY

This case concerns an applicant's petition for removal after the WCJ denied his objection to a QME's report. The applicant argued the QME report was untimely and prejudicial because it issued a zero impairment rating. The Appeals Board denied removal, finding the applicant waived his objection by not requesting a replacement QME panel until after receiving the unfavorable report. The Board cited precedent preventing parties from waiting to see if a report is favorable before objecting to its timeliness. Commissioner Zalewski dissented, believing the applicant could object after receipt as long as the objection preceded the replacement panel request.

Petition for RemovalQualified Medical EvaluatorQME reportuntimely filingservice of reportreplacement panelobjectionstatutory timeframesLabor CodeAdministrative Director Rule
References
Showing 1-10 of 1,124 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