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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. ADJ782721 (SBR 0340531)
Regular
Feb 14, 2011

ROSALIND GRANT vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Rosalind Grant's claim due to her failure to appear at trial. The WCAB found the dismissal improper because Grant's attorney was present at trial, and the rules permit dismissal only if a party and their representative fail to appear. Furthermore, the applicant has no obligation to testify, and defendants must formally subpoena an absent applicant or provide a notice to appear to their attorney. The case was returned to the trial level for further proceedings, including potential action on a previously negotiated compromise and release.

ReconsiderationDismissal OrderFailure to AppearCompromise and ReleaseAttorney RepresentationMandatory Settlement ConferenceNotice of Intention to DismissRescinded OrderReturn to Trial LevelHearsay Evidence
References
Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)
Regular
Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss
References
Case No. ADJ9431614
Regular
Jan 31, 2019

RAYMUNDO ESTRADA vs. GREEN GARDEN SERVICE

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order due to improper notice. The dismissal was based on the applicant's failure to appear at conferences and suspected death, but the Notice of Intent to Dismiss did not adequately reflect these grounds. The Board found good cause to grant the applicant's attorney's petition to withdraw. The case is returned to the WCJ for further proceedings and issuance of a new Notice of Intent to Dismiss.

Petition for ReconsiderationNotice of Intent to DismissMandatory Settlement ConferenceStatus ConferencePetition to be Relieved as Attorney of RecordDeceased ApplicantOrder Dismissing CaseWithdrawal PetitionReinstatementFailure to Appear
References
Case No. ADJ8164012
Regular
Jul 01, 2013

HOSSEIN MOGHADAM vs. TESORO USA PETROLEUM, COMMERCE & INDUSTRY INSURANCE

This case concerns a $\$ 250$ sanction imposed on applicant's attorney for failing to appear at a hearing. The applicant's attorney sought reconsideration, arguing a misunderstanding of "special appearance." The Appeals Board denied the petition, adopting the WCJ's reasoning and clarifying that a "special appearance" does not excuse an attorney from a hearing, especially when made by opposing counsel. The Board emphasized that only a WCJ can excuse an appearance or grant a continuance, and cautioned the attorney against future rule violations.

Petition for ReconsiderationOrder Imposing SanctionsFailure to AppearSpecial AppearanceWCJApplicant's AttorneyFiduciary DutiesConflict of InterestContinuanceAppeals Board Rule 10843
References
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
Case No. ADJ9305498 ADJ9305504
Regular
Oct 03, 2016

IRIS PAUSELIUS vs. ABB CONCISE OPTICAL GROUP

The Workers' Compensation Appeals Board (WCAB) granted applicant Iris Pauselius's petition for removal. This action rescinded a prior order by the workers' compensation administrative law judge (WCJ) requiring the applicant's personal appearance at a status conference, with a threat of dismissal. The WCAB found the WCJ's order inappropriate as applicant's counsel had appeared, and only one of the two cases was calendared. The matter is now returned to the trial level for further proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJApplicant appearanceDismissal of casesRescind orderReturn to trial levelPersonal appearanceCounsel appearanceStatus conference
References
Case No. ADJ10243783
Regular
Jan 27, 2017

PEDRO GALARZA SALAZAR vs. HOMEY PET STATION, MID-CENTURY INSURANCE CO., FARMERS INSURANCE CO.

The applicant sought reconsideration of a case dismissed for the applicant's attorney's failure to appear at a priority conference and respond to a Notice of Intent to Dismiss. Although the attorney did not appear at the scheduled time, he did appear later that morning and addressed the WCJ. The Board granted reconsideration, rescinded the dismissal, and returned the case for further proceedings. The Board found that the WCJ should have treated the applicant's subsequent appearance as an objection and scheduled a hearing, rather than dismissing the case.

WCABPetition for ReconsiderationOrder Dismissing CasePriority ConferenceNotice of Intent to DismissFailure to AppearWCJApplicant's AttorneyMinutes of HearingObjection
References
Case No. ADJ9085589
Regular
Jun 12, 2015

CLAUDIA MARTINEZ vs. FRIENDLY FRANCHISEES CORP. dba CARL'S JR, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order, finding the applicant's case should not have been dismissed due to her absence from trial. The WCAB clarified that while an applicant's testimony may be necessary, their mere failure to appear when represented by counsel does not automatically permit dismissal. Instead, the defendant must follow proper procedures to compel the applicant's attendance, or the WCJ should consider sanctions or an adverse inference. The case was returned to the trial level for further proceedings.

WCAB Rule 10562Petition for ReconsiderationSet Aside DismissalApplicant Failure to AppearCounsel PresenceWCJ ErrorNotice of Intention to DismissOrder of DismissalGood Cause to ReopenError of Law
References
Showing 1-10 of 11,580 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