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. ADJ13120564
Regular
Sep 15, 2022

Hector Barragan vs. Stanford Healthcare, Safety National Casualty, Tristar Insurance Group

This Workers' Compensation Appeals Board case involved an applicant seeking reconsideration of a prior order that deemed an EAMS document discoverable. The Board admitted the document into evidence as Exhibit XX but reversed the prior ruling on discoverability. The Board found the document not relevant to the applicant's alleged foot and ankle injuries, nor was there a waiver of privacy. Consequently, the defendant is prohibited from producing the document without WCAB authorization.

EAMSdiscoverablerelevantprivacy waiverQualified Medical EvaluatorPetition for Removalin camera reviewinadmissibilitycumulative injurydeposition transcript
References
Case No. ADJ2238226
Regular
Mar 04, 2013

JUDINE JACOBS vs. RIVERSIDE-SAN BERNARDINO COUNTY INDIAN HEALTH, INC.

The Workers' Compensation Appeals Board affirmed the dismissal of an applicant's claim, finding it lacked jurisdiction due to Indian tribal sovereign immunity. The applicant, a nurse, claimed a psyche injury while employed by Riverside-San Bernardino County Indian Health, Inc. (RSB). RSB, despite being incorporated under California law, was deemed a governmental entity linked to tribes and serving federal policy, thus entitled to sovereign immunity. The Board found no evidence of an explicit waiver of this immunity.

Tribal sovereign immunityWorkers' Compensation Appeals BoardIndian Healthpsyche injurynursefindings and orderjurisdictionpetition for reconsiderationreport and recommendationadministrative law judge
References
Case No. ADJ1644458 (SJO 0259802)
Regular
Apr 29, 2011

KENNY PHAN vs. TOBAR INDUSTRIES

In this workers' compensation case, the applicant sought reconsideration after the WCJ found his Labor Code section 132a claim was waived in a Compromise and Release (C&R) agreement. The applicant argued that paragraph 9 of the C&R form, requiring initials for included issues, did not show a waiver of the 132a claim, despite a conflicting provision in an addendum. The Appeals Board found ambiguity in the C&R documents and resolved it in favor of the applicant, amending the WCJ's finding to state no waiver occurred. The case was returned for further proceedings on the 132a claim.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseLabor Code section 132awaiverAddendumambiguityOffer of Proofhearsayburden of proof
References
Case No. ADJ2352341 (VNO 0508022)
Regular
Oct 13, 2009

RANDALL NEITZKE vs. COUNTY OF LOS ANGELES

The Appeals Board affirmed the WCJ's decision that the applicant sustained an industrial injury and is entitled to permanent disability indemnity, but reversed the WCJ's allowance of credit for overpayment of TDI due to waiver.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityMedical TreatmentDeputy Sheriff2005 Schedule1997 ScheduleLabor Code § 4660(d)ApportionmentTemporary Disability Indemnity (TDI)
References
Case No. ADJ1389831 (SRO 0137920)
Regular
Dec 10, 2008

SHAWNDELL WILLIAMS vs. THRUSHWING HOME/HAZEL HOME, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendants' due process concerns regarding the denial of workers' compensation coverage. While affirming the cancellation of the State Compensation Insurance Fund policy, the Board acknowledges that the issues of waiver and estoppel were raised but not fully litigated. Therefore, the case is remanded to the trial level for the arbitrator to consider these remaining defenses.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardState Compensation Insurance FundCancellation NoticeDue ProcessArbitration HearingWaiverEstoppelLabor Code
References
Case No. ADJ7186626 ADJ7186634
Regular
Dec 02, 2013

JAMES WILLIAMS vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board clarified that an employee's signed waiver of participation in a recreational activity does not preclude a finding of compensability if the activity was sanctioned by the employer or expected as part of employment. In this case, the basketball game was neither sanctioned nor expected by the employer. Therefore, the applicant's injury sustained during the game is not compensable under Labor Code section 3600(a)(9).

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 3600(a)(9)sanctioned activitywaiveremployment expectationcompensabilityCity of Stockton v. Workers' Comp. Appeals Bd.Tensfeldt v. Workers' Comp. Appeals Bd.Taylor v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8931511
Regular
Sep 04, 2014

DOUGLAS FEUTZ vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the applicant's petition for removal, affirming the WCJ's decision. The applicant's attorney objected to a supplemental QME report being untimely, but did not request a new QME panel until after reviewing the report. The Board found this action constituted a waiver of the objection because the request was not made contemporaneously with the objection to the violation. Allowing such a delay would undermine efficient dispute resolution and permit doctor shopping.

Petition for RemovalSupplemental ReportPanel Qualified Medical EvaluatorPQMEMedical UnitReplacement QME PanelTimely Supplemental ReportProcedural ViolationWaiverDoctor-Shopping
References
Case No. ADJ8303588
Regular
Nov 26, 2012

ROLANDO IBARRA vs. C.W. BROWER, INC., COMPANION PROPERTY CASUALTY, INC.

The applicant sought reconsideration of an order directing a medical-legal evaluation concerning a proposed shoulder surgery. The Appeals Board dismissed the petition because the WCJ's order was an interim procedural ruling, not a final determination of substantive rights or liabilities. Therefore, it was not subject to reconsideration. Even if considered, the petition would likely be denied due to waiver of service objections and insufficient evidence to overturn the UR physician's conclusion.

Workers' Compensation Appeals BoardPetition for ReconsiderationUtilization ReviewLabor Code Section 4610Medical-Legal EvaluationLabor Code Section 4062Final OrderInterim OrderSubstantive RightLiability
References
Case No. ADJ7236324
Regular
Oct 23, 2015

MARIA VILCHIS vs. NORWALK MARRIOTT, ZURICH NORTH AMERICAN

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Vilchis's Petition for Reconsideration. The dismissal was based on the applicant's failure to comply with WCAB Rule 10842(b), which mandates specific citations to the record to support evidentiary statements. The Board emphasized that the applicant cannot shift the burden of searching the record to the Appeals Board. This rule is consistent with appellate court procedures requiring proper record citation to avoid waiver of points.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesEvidentiary StatementsWaiverBurden of ProofAdministrative Law Judge ReportAppellate RulesDismissal Order
References
Case No. ADJ915129 (LBO 0385592) ADJ1762218 (LBO 0385591)
Regular
Mar 10, 2011

JUSTA PACHECO vs. BORRELI BEVERLY HILLS, STATE FARM 22860 BAKERSFIELD

The Appeals Board granted a petition for removal, vacating a prior order that allowed broad discovery into a lien claimant's business practices. The Board affirmed jurisdiction over the "corporate practice of medicine" issue, allowing discovery regarding the lien claimant's compliance with the law. However, the Board found the prior order's waiver of objections to discovery was an error and required the defendant to justify each discovery request. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalJoint Findings and OrderLien claimantGarfield Health Center Medical GroupDiscoveryCorporate practice of medicineJurisdictionWaiverSanctions
References
Showing 1-10 of 228 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