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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3563222 (SRO 0126894)
Regular
Jul 25, 2013

SHARON KARR-REDDELL vs. CHRISTOPHERSON HOMES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding attorney's fees awarded to applicant's counsel, John Bloom. The WCAB found the original decision erred by calculating fees based on the gross award rather than present value and by not commuting the life pension award for fee payment. The WCAB rescinded the prior order, awarding Mr. Bloom a total of $32,768.18 in attorney's fees based on the present value of both the permanent disability and life pension awards. These fees are to be paid as lump sums commuted from the respective awards through uniform reduction of future payments.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability AwardLife Pension AwardAttorney's FeeCommutationPresent ValueUniform Reduction MethodLabor Code Section 4659(c)State Average Weekly Wage
References
Case No. ADJ2698082 (SAC 0257211)
Regular
Sep 08, 2009

RANDALL GOSS vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves a defendant's petition for reconsideration of an award of a $\$2,100.00$ lien to Patrick Sullivan. The Appeals Board granted reconsideration to disallow the lien because no evidence was presented to support its reasonableness and necessity, despite it being a disputed issue at trial. The Board affirmed the rest of the decision and remanded the matter for the WCJ to consider the applicant's counsel's request regarding attorney fees.

ReconsiderationLien DisallowanceVocational Rehabilitation ReportExpert ServicesLabor Code Section 5811Costa StandardsEvidence PresentationReasonable and Necessary CostsAgreed Medical EvaluatorApportionment
References
Case No. STK 0175350
Regular
Jul 08, 2008

FRANCIS NZIBO vs. KAISER PERMANENTE, CALIFORNIA WORKERS' COMPENSATION

This case involves applicant Francis Nzibo's claim for penalties against Kaiser Permanente for alleged unreasonable delay in providing cervical surgery. The Workers' Compensation Appeals Board is issuing a notice of intention to dismiss the petition for reconsideration as moot because there is no evidence presented as to whether the applicant has actually undergone the authorized surgery. If surgery was not performed, no compensation payment was delayed, rendering the penalty claim moot.

Moot petitionPetition for reconsiderationCervical surgeryUnreasonable delayMedical care provisionPenaltiesWCJ findingsLabor Code section 5814Authorization of surgeryFailure to present
References
Case No. ADJ7912638
Regular
Apr 17, 2013

MARIA CASTREJON vs. BOLTHOUSE FARMS INC., BROADSPIRE

This case involves a petition for removal by the defendant, Bolthouse Farms, seeking to change the venue from Marina del Rey to Bakersfield. The defendant argued inconvenience for the applicant and witnesses residing in Kern County. Although the initial judge denied the venue change due to insufficient witness detail, the Appeals Board granted the petition for removal. The Board ultimately changed the venue to Bakersfield, considering the applicant's lack of opposition and the overall balance of equities.

Petition for RemovalChange of VenueWorkers' Compensation Appeals BoardLabor Code Section 5501.5(a)(3)Kern CountyBolthouse FarmsMarina del ReyBakersfieldIndustrial InjuryReduction in Workforce
References
Case No. ADJ7113572
Regular
Oct 08, 2012

SAMMIE ROGERS vs. BUFFALO BILLS, ATLANTA FALCONS, SAN DIEGO CHARGERS, et al.; TRAVELERS; SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Sammie Rogers' claim. The WCAB affirmed the original decision but amended it to clarify the attorney's fee structure for a life pension. The amendment specifies that the 15% attorney fee will be commuted from the present value of the life pension, calculated using the artificial far end of the applicant's life expectancy. Jurisdiction is reserved regarding the amount of the life pension until further order.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsiderationLife PensionAttorney's FeePresent ValueCommutationSupplemental OrderJurisdiction Reserved
References
Case No. ADJ6864354
Regular
Mar 29, 2017

AGUSTIN MORENO vs. ARANDA'S WOODCRAFT, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, rescinding a previous order that dismissed his case for lack of prosecution. The WCAB found that the applicant would suffer substantial prejudice if the dismissal stood, as he had sustained a significant admitted industrial injury requiring surgery. Balancing the equities, the WCAB determined that the potential harm to the applicant outweighed any hardship to the defendant in allowing the case to proceed on its merits. The matter was returned to the trial level for further proceedings.

Petition for ReconsiderationOrder Dismissing CaseLack of ProsecutionWCJLabor CodeSubstantial JusticeApplication for Adjudication of ClaimDeclaration of Readiness to ProceedMandatory Settlement ConferencePetition to Dismiss
References
Case No. ADJ3711842 (ANA 0409880)
Regular
Jun 21, 2013

SEAN GILBERT vs. OAKLAND RAIDERS, ACE USA

This case concerns disputed attorney fees in a workers' compensation claim. The applicant seeks to correct a clerical error in the award regarding the distribution of permanent disability benefits between himself and his counsel. The defendant challenges the calculation of attorney fees, arguing they should be based on the present value of the award, not its full value, and claims improper ex parte communication by a DEU rater. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings to address these issues and ensure proper calculation and distribution of fees.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability IndemnityAttorney's FeesPresent ValueEx Parte CommunicationDEU RaterCross-examinationClerical ErrorLife Pension
References
Case No. ADJ8204039
Regular
Oct 13, 2015

DAVID EIERMAN (Deceased); JACKIE KURZ vs. FOOD ETC.; STATE COMPENSATION INSURANCE FUND

This case involves a partial dependent, Jackie Kurz, seeking death benefits after the industrial death of David Eierman. The WCAB affirmed the finding that Ms. Kurz is entitled to a $228,800 death benefit based on her partial dependency on the decedent's earnings. However, the Board clarified that the benefit is payable directly to Ms. Kurz and specified weekly payments at a rate of $366.67 from the date of death. The Board also modified the attorney's fee calculation to be 15 percent of the present value of the death benefit, not the gross amount.

Death benefitsPartial dependencyActual supportCommunity expensesArvizuLynchAverage weekly earningsAttorneys' feesPresent valueWCJ credibility
References
Showing 1-10 of 875 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