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. ADJ3265357
Regular
Sep 09, 2009

MARTHA MENDEZ vs. YMCA OF SAN FRANCISCO, TRAVELERS WALNUT CREEK

The Workers' Compensation Appeals Board granted reconsideration and remanded the case to the trial level for recalculation of the permanent disability award. The Board found that the Agreed Medical Evaluator's (AME) opinion of November 8, 2007, which attributed 50% of the applicant's increased permanent disability to non-industrial degenerative changes supported by MRI studies, constituted substantial evidence. This opinion superseded the previous award, which did not adequately account for these degenerative conditions. Therefore, the Workers' Compensation Judge must now recalculate the permanent disability award based on this 50% non-industrial apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPetition to ReopenIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorDegenerative ChangesMRI Studies
References
3
Case No. ADJ1220987 (SJO 0262634)
Regular
Nov 17, 2010

RICHARD GILLISPIE vs. PLASTECH, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) appealed an award of benefits to an applicant with a pre-existing disability, arguing a subsequent industrial back injury did not cause pathology in the opposite leg as required by statute. The Appeals Board affirmed the award, finding that Labor Code section 4751 only requires the subsequent injury to "affect" the opposite member, not necessarily cause direct pathology. Evidence showed the applicant's low back injury caused verified radiculopathy and impaired leg function, meeting the statutory requirement. The Board found SIBTF's legal arguments unpersuasive and the WCJ's findings supported by substantial evidence.

Subsequent Injuries Benefits Trust FundLabor Code section 4751industrial injurylow backradiculopathypermanent disabilityopposite and corresponding memberpathologyAMA GuidesDRE category III
References
2
Case No. MISSING
Regular Panel Decision

Storch v. Syracuse University

Plaintiffs Mark and Jenny Storch sued Syracuse University and Professor Douglas Biklen after their autistic daughter, Jenny, allegedly accused her father of sexual abuse through "facilitated communication." A Family Court had previously rejected this communication method as unreliable, leading to the withdrawal of abuse charges against Mark Storch. The state court action alleged fraud and violations of Education Law regarding speech-language pathology. The court granted summary judgment to the defendants, ruling that Biklen's statements were opinions on an evolving, controversial theory, not fraudulent misrepresentations, and that facilitated communication does not fall under the practice of speech-language pathology as defined by law. Consequently, the plaintiffs' complaint was dismissed.

Facilitated CommunicationAutism CommunicationChild Abuse AllegationsSummary JudgmentFraud ClaimsEducation LawSpeech-Language PathologyScientific ControversyExpert TestimonyAcademic Liability
References
14
Case No. MISSING
Regular Panel Decision

Rice v. Commissioner of Social Security

Plaintiff Tammy Rice sought judicial review of the Commissioner of Social Security's final decision denying her application for disability benefits. The District Court considered the Commissioner's motion for judgment on the pleadings. The Administrative Law Judge (ALJ) found that Plaintiff had severe impairments of mild degenerative disc disease of the lumbar spine and mild degenerative joint disease of the knees but did not meet or equal a listed impairment. The ALJ determined Plaintiff could perform light work with restrictions, concluding she was not disabled. The Court found the Commissioner's decision supported by substantial evidence and in accordance with applicable legal standards. Consequently, the Commissioner's motion for judgment on the pleadings was granted, and Plaintiff's complaint was dismissed with prejudice.

Social SecurityDisability BenefitsALJ DecisionSubstantial EvidenceMedical EvidenceResidual Functional CapacityTreating Physician RuleFederal Rules of Civil ProcedureRule 12(c)Lumbar Spine
References
28
Case No. MISSING
Regular Panel Decision

United States v. Yi Ching Liu

The case concerns defendant Yi Ching Liu, who was charged with using unauthorized credit card convenience checks and pled guilty. Liu sought a downward departure from sentencing guidelines, claiming diminished capacity due to pathological gambling addiction. Expert testimony from psychotherapist Stephen Block, supported by DSM IV criteria, confirmed Liu's severe addiction and a direct link to his criminal acts. The court, presided over by Senior District Judge Weinstein, granted a four-point downward departure under U.S.S.G. § 5K2.13, resulting in a 24-month incarceration sentence. The decision emphasizes that pathological gambling can constitute significantly reduced mental capacity for sentencing purposes, citing precedent and the evolving understanding of this disorder.

Diminished CapacityPathological GamblingSentencing GuidelinesDownward DepartureImpulse Control DisorderFraudCredit Card FraudCriminal SentencingDSM IVFederal Court
References
5
Case No. 531582
Regular Panel Decision
May 13, 2021

Matter of Matteliano v. Trinity Health Corp.

Caitlyn Matteliano, a nurse assistant, suffered work-related back, knee, and leg injuries in 2015 and 2018. Her treating orthopedic surgeon, Franco Vigna, requested authorization for multi-level lumbar fusion surgery and an external bone growth stimulator due to persistent pain and degenerative disc disease, despite conservative treatments. The employer denied this request based on an independent medical examination by Anthony Leone, who deemed the surgery aggressive and inappropriate given the lack of instability. A Workers' Compensation Law Judge initially denied the request, but the Workers' Compensation Board approved it. The employer appealed, and the Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence in Vigna's testimony to support the surgery's authorization under medical treatment guidelines for degenerative disc disease where non-surgical management has failed.

Workers' CompensationLumbar Fusion SurgeryMedical Treatment GuidelinesDegenerative Disc DiseaseDiscogenic Back PainIndependent Medical ExaminationPrior AuthorizationAppellate ReviewNurse AssistantWork Injury
References
9
Case No. ADJ7271474
Regular
Aug 22, 2011

BRIAN DEGEN vs. BONITA UNIFIED SCHOOL DISTRICT, YORK UPLAND

The defendant school district sought reconsideration of an order striking the Qualified Medical Evaluator's (QME) reports and ordering a new panel, arguing a voicemail did not constitute ex parte communication and that the WCJ erred on other grounds. The Appeals Board dismissed the defendant's petition as it was not from a final order. However, the Board granted removal on its own motion, rescinded the WCJ's order, and ruled the QME's voicemail was insignificant and not an ex parte communication. Consequently, the QME will remain, his reports are not stricken, and the case is returned for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalQualified Medical Evaluator (PQME)Ex Parte CommunicationLabor Code Section 5310Alvarez v. Workers' Comp. Appeals Bd.VoicemailDeposition Fee
References
1
Case No. ADJ9813548
Regular
Feb 03, 2016

ANDREA LOPEZ ROCHA vs. BAKERSFIELD PATHOLOGY MEDICAL GROUP, WILLIAMSBURG NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied defendant's petition for removal. Defendant sought removal of an order allowing applicant to obtain vocational rehabilitation reports and depose experts, arguing it caused prejudice. The WCAB found no substantial prejudice or irreparable harm to the defendant, noting these issues could be addressed at trial or reconsideration. The WCAB affirmed the WCJ's decision to allow limited, timely discovery to move the case forward.

Petition for RemovalInterlocutory OrderVocational RehabilitationMandatory Settlement ConferenceDiscovery ClosureSubstantial PrejudiceIrreparable HarmPanel Qualified Medical EvaluationDeclaration of ReadinessAdministrative Law Judge
References
8
Case No. GRO 0029816, GRO 0029817
Significant

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision to apportion 50% of the applicant's permanent disability to a preexisting degenerative arthritis, holding that Labor Code section 4663, as amended by SB 899, permits apportionment based on causation from non-industrial factors supported by substantial medical evidence.

SB 899apportionmentcausationpermanent disabilitypreexisting arthritismedical evidencesubstantial evidenceLabor Code section 4663compensable consequenceQME
References
58
Case No. SRO 0137457
Regular
Jul 30, 2007

SUSAN SEGER vs. PETALUMA CITY SCHOOLS, REDWOODS EMPIRE SCHOOLS INSURANCE GROUP

The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings regarding apportionment of permanent disability. The AME's apportionment of 20% to degenerative changes was not sufficiently explained and thus not substantial evidence. The Board also affirmed the WCJ's finding of a 15% increase in permanent disability benefits for the employer's failure to offer work.

Appeals BoardReconsiderationPermanent DisabilityApportionmentAgreed Medical Evaluator (AME)Labor Code section 4658(d)Modified WorkAlternative WorkSubstantial ComplianceMedical Opinion
References
4
Showing 1-10 of 106 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