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. MISSING
Regular Panel Decision

Claim of Colas, ex rel. Bermudez v. Watermain

A worker was killed at her workplace by a former romantic partner who was also a coworker, leading to a claim for workers' compensation death benefits. The Workers' Compensation Board denied the claim, ruling that the death did not arise out of employment, as it was motivated by personal animosity between the decedent and her assailant. The Appellate Division affirmed this decision, finding that the employer successfully rebutted the presumption of compensability for unwitnessed workplace deaths by presenting substantial evidence of a personal animosity motive, stemming from the decedent's recent separation from her assailant and documented threats.

Workers' CompensationDeath BenefitsPersonal AnimosityWorkplace ViolencePresumption of CompensabilityRebuttal of PresumptionDomestic ViolenceAppellate ReviewCausationEmployment-Related Injury
References
4
Case No. MISSING
Regular Panel Decision

Claim of Rosen v. First Manhattan Bank

The Workers’ Compensation Board ruled that the death of a claimant's decedent was a compensable accident, a decision appealed by the employer. The decedent was murdered by a coemployee, Roger Proano, before their shift began. The Workers' Compensation Law Judge and the Board found the fatal assault arose out of and in the course of employment, relying on Workers’ Compensation Law § 21's presumption of compensability. The employer argued the assault stemmed from personal animosity, citing Proano's explanation, but the Board deemed Proano not credible based on a police detective's opinion. The court affirmed the Board's decision, finding the death occurred in the course of employment and the employer failed to overcome the presumption of compensability due to the lack of credible evidence of personal animosity, maintaining a nexus between the assault and employment as they were coemployees.

Workplace AssaultCompensable AccidentCourse of EmploymentArising Out of EmploymentWorkers' Compensation Law § 21Presumption of CompensabilityCoemployee ViolenceCredibility DeterminationPersonal AnimosityDeath Benefits
References
7
Case No. ADJ7184539, ADJ7671268
Regular
Mar 14, 2014

KUANE WASHINGTON vs. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Removal because it was filed untimely. The defendant electronically submitted their petition three minutes after the 5:00 PM deadline on the final day for filing. The WCAB also noted that even if timely, the petition lacked merit and indicated potential gamesmanship by the defendant, warning of future sanctions.

Petition for RemovalUntimely FilingEAMSBatch IDChange of VenueGood CauseLabor Code section 5501.6FrivolousnessGamesmanshipSanctions
References
7
Case No. ADJ8212510
Regular
Feb 19, 2013

SANTOS ARIN RODRIGUEZ vs. JK FARMS PARTNERSHIP, INSURANCE COMPANY OF THE WEST\EXPLORER

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and returned the case for further development of the record. The Board found that the second opinion physician's report was incomplete due to the defendant's refusal to authorize recommended diagnostic tests. This refusal prevented the physician from rendering a definitive opinion on the necessity of spinal surgery. The Board admonished the defendant for this delay and gamesmanship, emphasizing the need for authorized further testing.

Workers' Compensation Appeals BoardPetition for ReconsiderationSpinal SurgeryUtilization ReviewSecond OpinionNerve Conduction StudyEMG StudiesLumbar FusionDynamic Radiographic StudiesDeclaration of Readiness to Proceed
References
4
Case No. ADJ3501807 (SRO 0141934)
Regular
Sep 08, 2011

JESSICA REYNOLDS vs. AMERICAN MEDICAL RESPONSE, ACE AMERICAN INSURANCE

The Appeals Board denied the defendant's Petition for Removal seeking to replace a Qualified Medical Evaluator (QME). The defendant argued the QME violated Administrative Director Rule 34(b) by scheduling an exam at an unlisted address. However, the Board found the defendant failed to demonstrate substantial prejudice or irreparable harm necessary for removal. The Board agreed with the WCJ's finding that the objection appeared to be an attempt at "doctor shopping" and gamesmanship, contrary to the policy of substantial justice.

Petition for RemovalQualified Medical EvaluatorReplacement Panel QMELabor Code section 4062.2Administrative Director Rule 34(b)substantial prejudiceirreparable harmdoctor shoppinggamesmanshipsocial public policy
References
2
Case No. ADJ9172419
Regular
Aug 04, 2014

Gregory Mejia vs. MARMOT MOUNTAIN, LLC, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the judge's prior decision. The Board affirmed that the applicant's attorney's petition for a replacement QME panel was not frivolous, nor did it constitute ex parte communication. Furthermore, the Board admonished defense counsel for "excessive gamesmanship" which unnecessarily delayed resolution of the injured worker's claim. The denial of reconsideration means the prior order regarding the QME panel and the absence of sanctions against the applicant's attorney stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorQME panelsanctionsfrivolous petitionexcessive gamesmanshipbad faithLabor Code section 5813permanent disability
References
0
Case No. MISSING
Regular Panel Decision
Oct 06, 2006

Ruiz v. Griffin

Old Navy, Inc. appealed an order denying its motion for summary judgment as premature in a wrongful death action. The Supreme Court, Orange County, affirmed the order, concluding that the plaintiffs were entitled to further discovery before a ruling on summary judgment could be made. Additionally, the court rejected Old Navy's argument that the action was precluded by the Workers' Compensation Law, finding that the assault on the decedent by Kevin Griffin was not work-related as it stemmed from personal animosity rather than work-related differences.

Wrongful DeathSummary JudgmentReargumentAppellate ProcedureFailure to ProsecuteDiscoveryWorkers' Compensation ExclusivityWork-Related AssaultPersonal AnimosityPremature Motion
References
18
Case No. ADJ6872612
Regular
Oct 22, 2013

AIDA LOPEZ vs. C&S WHOLESALE GROCERIES

The Workers' Compensation Appeals Board (WCAB) rescinded a prior order reinstating findings that applicant sustained an industrial psychiatric injury and ordered a new psychiatric PQME due to alleged ex-parte communication. The WCAB found that crucial evidence regarding the communication, specifically letters between the defendant and the PQME, was not admitted into the record. Therefore, the case is returned to the trial level for clarification of the evidence and a new decision, while also cautioning against gamesmanship and suggesting an Agreed Medical Examination (AME) to expedite the process.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Reinstating Findings and OrderPanel Qualified Medical Examiner (PQME)Labor Code section 4062.3(e)Ex-parte communicationDiscoveryAgreed Medical Examination (AME)Writ of ReviewPanel striking
References
2
Case No. ADJ107733
Regular
May 03, 2011

ALFREDO GUTIERREZ vs. VIKING COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition to disqualify Administrative Law Judge (ALJ) James Hopkins. The applicant's attorney claimed the ALJ demonstrated animosity and bias by stating the case was rescheduled "Because, it's you" when referring to the attorney. Although the ALJ cited administrative difficulties, he did not deny making the statement. The WCAB found this statement sufficient to establish an appearance of bias, warranting disqualification. The case will be reset for trial before a different ALJ, with priority given due to the repeated postponements.

Petition for DisqualificationWCJ biasappearance of biasattorney biasLabor Code section 5311mandatory settlement conferencedouble bookedanimosity and gamesmanshipprocedural historyexpedited hearings
References
1
Case No. MISSING
Regular Panel Decision

Claim of Wilson v. Mills

Claimant, a general mechanic, filed for workers' compensation benefits after being struck in the face by a coworker. A Workers’ Compensation Law Judge and the Board found the assault arose from work-related differences, crediting the claimant's testimony. The Board concluded there was a sufficient nexus between the assault and employment, despite elements of personal animosity and allegations of harassment. The employer and its workers’ compensation carrier appealed the decision. The appellate court affirmed the Board's finding, emphasizing that the test for compensability requires a work-related origin for the assault, which is a question of fact for the Board.

Workers' CompensationAssaultWork-Related InjuryNexus to EmploymentPersonal AnimosityEmployer LiabilityBoard DecisionAppellate ReviewCredibility DeterminationGeneral Mechanic
References
5
Showing 1-10 of 30 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