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. 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. GRO 0034142
Regular
Jan 25, 2008

JOANNE WILLIAMS vs. DENNY'S CORPORATION, AMERICAN HOME ASSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, affirming the applicant's temporary disability indemnity rate based on her anticipated managerial salary. However, the Board deferred issues of credit for overpayments, penalties, and associated attorney's fees due to an undeveloped record regarding actual payments and the specific periods of temporary disability. The case is returned to the trial level for further proceedings on these deferred issues.

WCABReconsiderationTemporary Disability IndemnityPenaltyAttorney's FeesEarnings CalculationEarning CapacityLabor Code 4453GoytiaKyllonen
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ7543126
Regular
Dec 13, 2013

MARIA BARAJAS vs. ELITE MEDICAL MANAGEMENT, LLC., HARTFORD INSURANCE COMPANY OF THE MIDWEST

This case concerns an admitted back, right shoulder, and right knee injury. The defendant insurer seeks credit for overpaid temporary disability benefits applicant received concurrently with earnings she failed to report. The Appeals Board remanded the case to determine the extent of applicant's earnings during the period she received temporary disability. The Board deferred the issue of permanent disability award pending resolution of the credit issue and noted no error in the original judge's apportionment finding.

Workers Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentTemporary DisabilityOverpaymentCreditQualified Medical EvaluatorLabor Code Section 4909Double Recovery
References
Case No. SAL 0116965
Regular
Nov 06, 2007

Valentine Ushakoff vs. MONTEREY GOURMET FOODS, SENTRY CLAIMS COMPANY, SENTRY CLAIMS SERVICE

The applicant sought reconsideration, arguing a total disk replacement constituted an amputation and thus entitled them to extended temporary disability benefits beyond the 104-week limit. The Appeals Board affirmed the WCJ's finding that the surgery was not an amputation under Labor Code section 4656(c)(2)(C), as it involved internal body parts. The Board deferred issues regarding credit for overpayment of temporary disability and an EDD lien for further determination.

Workers' Compensation Appeals BoardOpinion and Decision After Reconsiderationindustrial injuryroute driverthoracolumbar spineCharité total disk replacementamputationLabor Code section 4656(c)(2)(C)temporary disability indemnitydeferred issues
References
Case No. ADJ3152019 (MON 0298185)
Regular
Dec 02, 2009

ALFREDO CASILLAS vs. RALPHS GROCERY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB granted reconsideration and amended the September 10, 2009 Findings and Order to defer the issue of the EDD lien. The defendant is not entitled to a credit for overpayment of temporary disability against applicant's permanent disability award.

Temporary disability overpaymentPermanent disability indemnityPetition for reconsiderationFindings and OrderLabor Code section 4909Employment Development DepartmentEDD lienPermanent and stationaryWCJWorkers' Compensation Appeals Board
References
Case No. ADJ10228371 ADJ580886 (VNO 0437854) ADJ2267886 (VNO 0492610) ADJ8376625
Regular
Mar 18, 2019

RICHARD TULL vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The California Workers' Compensation Appeals Board granted reconsideration, amending a prior order to correct the date of injury in case ADJ580886. The Board deferred the issues of whether the defendant overpaid permanent disability benefits in ADJ580886 and whether any overpayment could be credited against benefits in other consolidated cases (ADJ2267886, ADJ8376625, ADJ10228371). The Board found the original decision lacked sufficient explanation regarding the overpayment and credit claims. The matter is returned to the trial level for further proceedings on these deferred issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationOverpayment of Permanent Disability BenefitsCredit for OverpaymentDate of Injury CorrectionLabor Code Section 5313Clerical ErrorJudicial ErrorSubstantial EvidenceStipulated Award
References
Case No. ADJ769213 (FRE0198930)
Regular
Apr 10, 2023

MARLA CROSS vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF REHABILITATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order. The WCAB treated the petition as one seeking reconsideration because the applicant's election to proceed against CalTrans was deemed a threshold issue. However, the WCAB found no evidentiary record upon which to determine liability for benefits. Therefore, the WCAB preserved the applicant's election against CalTrans, deferred all other issues, and remanded the matter for further proceedings.

Petition for ReconsiderationGranting ReconsiderationRescind Minute OrderSubstitute OrderPreserve ElectionCalTransDefer IssuesThreshold IssueSubstantial EvidenceEvidentiary Record
References
Case No. ADJ9707539
Regular
Jul 23, 2015

THOMAS EDMONDS vs. KILA MENO, LLC, PROCENTURY INSURANCE

This case concerns an industrial injury to an innkeeper's left leg, where the defendant disputed the calculation of average weekly earnings including housing, the validity of a modified work offer, and requested credit for applicant's subsequent employment. The Board affirmed the WCJ's findings on the first two issues. However, the Board granted reconsideration to defer the issue of overpayment of temporary total disability, pending further development of the record regarding the applicant's post-injury earnings. The Board otherwise affirmed the original award.

Workers' Compensation Appeals BoardIndustrial InjuryFront Desk InnkeeperAverage Weekly EarningsTemporary Housing AccommodationsModified Work OfferTemporary Total DisabilityPetition for ReconsiderationCredit for Subsequent EmploymentDeferred Overpayment
References
Case No. ADJ4509383 (RDG 0064048)
Regular
Dec 03, 2019

MICHAEL BRUGHELLI vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

This case involves a workers' compensation claim where the defendant, California Department of Corrections and Rehabilitation, sought reconsideration of an award finding the applicant permanently and totally disabled. The defendant argued the applicant was not PTD, the medical opinions were unsubstantiated, and the credit calculation for duplicated payments was incorrect. The Appeals Board granted reconsideration, amending the award to defer the issue of the defendant's credit for duplicated payments, as the existing evidence did not clearly establish entitlement or a basis to overturn stipulations. The Board otherwise affirmed the original award, denying the defendant's other contentions.

Workers' Compensation Appeals BoardFindings and AwardPetition for ReconsiderationQualified Medical Examinerpermanent total disabilitytemporary disability indemnitypermanent disability indemnityduplicated paymentscredit for overpaymentStipulations
References
Showing 1-10 of 5,364 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