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. 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. 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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order.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. ADJ4046967
Regular
Jan 20, 2012

SANDRA VELASQUEZ vs. ALBERTSONS INC.

The Appeals Board granted reconsideration to defer the issue of temporary disability. While affirming the denial of injury to the left shoulder/psyche, the Board returned the matter for further proceedings on temporary disability. The Board noted potential jurisdictional issues regarding the five-year period for temporary disability claims. The case is remanded for a new decision from the WCJ on the deferred issue.

Workers' Compensation Appeals BoardAlbertson's Inc.Sandra VelasquezIndustrial Injury AOE/COELeft Shoulder InjuryPsyche InjuryPain DisorderFront End ManagerCashierJoint Stipulated Award
References
Case No. ADJ9054986
Regular
Nov 04, 2015

CARLOS GARCIA vs. KEY ENERGY SERVICES, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves a remand from the Fifth District Court of Appeal to the Workers' Compensation Appeals Board (WCAB). The WCAB is reconsidering a prior award and amending it to defer issues of earnings rate, temporary disability indemnity rate, and total temporary disability indemnity. These deferred issues will be determined by the workers' compensation judge (WCJ) based on the parties' proposed stipulations. The matter is returned to the WCJ to approve the stipulations and issue a new award accordingly.

Workers' Compensation Appeals BoardFifth District Court of AppealRemandStipulationFindings and AwardEarnings RateTemporary Disability IndemnityRescindReconsiderationWorkers' Compensation Judge
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ9839416
Regular
Aug 21, 2018

SILVIA RAMOS vs. MILLENNIUM MAINTENANCE SYSTEMS, INC.

Mesa Pharmacy sought reconsideration of a decision that stayed its lien under Labor Code section 4615 and found another lien claimant was not the defendant's responsibility. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the prior order. The WCAB deferred the issue of Mesa's lien stay and returned it to the trial level for evaluation regarding its exclusion from a consolidated proceeding involving thousands of other Mesa Pharmacy liens. This decision is not a final determination on the merits of Mesa's lien.

Labor Code section 4615Petition for ReconsiderationFindings and Orderlien claimantconsolidationmaster fileWCAB Rule 10589common issues of fact and lawcriminal proceedingsownership and control
References
Case No. ADJ10065069
Regular
May 16, 2018

MARCIA FARRAR vs. STATE OF CALIFORNIA, UNEMPLOYMENT INSURANCE APPEALS BOARD, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case concerns defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) finding of injury arising out of and occurring in the course of employment (AOE/COE) to the applicant's right upper extremity. Defendant argued that no evidence supported injury to other alleged body parts and that the WCJ should have made findings on those parts instead of deferring the issue. The WCAB denied reconsideration, affirming the WCJ's decision to limit the trial to the threshold issue of right upper extremity injury AOE/COE. The WCAB found Dr. Amster's opinion constituted substantial evidence for the right upper extremity injury and that the WCJ acted within their authority by deferring other issues.

Workers' Compensation Appeals BoardAOE/COEQualified Medical ExaminerReconsiderationCumulative TraumaRepetitive Strain InjuryPreexisting ConditionAggravationContributing CauseMandatory Settlement Conference
References
Case No. ADJ3325525
Regular
Sep 12, 2008

RODOLFO SALAZAR vs. WESTERN ROOFING SYSTEMS, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ's decision to delete Findings of Fact Numbers 6 through 9, to add a new Finding of Fact Number 6 deferring the issues of TD, applicant's average weekly wage and the EDD lien, and to delete paragraphs C and D of the Award. The issues of temporary disability, applicant's average weekly wage and EDD's lien are deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderTemporary Disability IndemnityAverage Weekly WageEmployment Development DepartmentState Disability BenefitsIndustrial InjuryApplicantDefendant
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
Showing 1-10 of 5,210 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