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. ADJ8925091, ADJ6820644
Regular
Aug 29, 2017

ALFRED MCKNIGHT vs. CITY OF SANTA MONICA

The Workers' Compensation Appeals Board denied the applicant's petition for disqualification of the Workers' Compensation Judge (WCJ). The Board found that the petition lacked specific facts demonstrating bias, an unqualified opinion on the merits, or enmity, as required by statute. Furthermore, the Board denied the petition for a change of venue due to the applicant failing to provide sufficient reasons for the request. The WCJ's report, detailing these deficiencies, was adopted and incorporated into the Board's decision.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJLabor Code section 5311Code of Civil Procedure section 641biasprejudiceunqualified opinionfactual basisevidentiary basis
References
Case No. ADJ11136283
Regular
Apr 15, 2019

JOSE ALFREDO SOLORZA vs. STERLING MACHINERY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, THE HARTFORD

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, rescinding the WCJ's order striking the QME panel. The Board found the WCJ's order lacked an evidentiary basis, as no evidence was admitted into the record to support the premature finding. The case is returned to the trial level for further proceedings to establish a proper evidentiary record. The merits of the QME panel dispute were not decided at this stage.

Petition for RemovalQualified Medical EvaluatorQME panelpremature panel requestPetition to StrikeWCJ Orderevidentiary recordadmitted evidencesubstantial evidenceLabor Code section 4060
References
Case No. ADJ11802539
Regular
Dec 03, 2019

LA TONYA RIDER vs. PRIDE INDUSTRIES, NORTH RIVER INSURANCE

The Appeals Board granted removal and rescinded the WCJ's order denying a replacement QME panel. Defendant sought a replacement due to the current QME's unavailability for deposition. The Board found the original order lacked an evidentiary basis, necessitating a return to the trial level. Further proceedings will establish an evidentiary record to adjudicate the QME replacement issue, considering relevant Administrative Director Rules.

Petition for RemovalQualified Medical Evaluator paneldeposition unavailabilityevidentiary recordsubstantial evidenceAdministrative Director Rule 31.5(a)Administrative Director Rule 35.5(f)trial levelrescinded orderReturn to trial
References
Case No. ADJ11563618, ADJ11563620, ADJ11563654
Regular
May 02, 2019

MARIA LUQUE VIDALES vs. FOSTER FARMS, FOSTER FARMS LIVINGSTON

The WCAB granted applicant's Petition for Removal, rescinding the WCJ's order for a replacement QME panel. The original order was issued without an admitted evidentiary record, violating the requirement for decisions to be based on substantial evidence. The case is returned to the trial level to establish a proper record and adjudicate the disputed QME issue. This decision ensures due process by requiring an evidentiary basis before significant procedural orders are made.

Petition for RemovalReplacement QME PanelUntimely Supplemental ReportDiscovery DelayIrreparable HarmSubstantial EvidenceEvidentiary RecordRescind OrderReturn to Trial LevelFoster Farms
References
Case No. ADJ11230683, ADJ11233335
Regular
Sep 04, 2019

WANDA YONGE vs. LOS ANGELES COMMUNITY COLLEGE DISTRICT

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinded a prior order, and returned the case to the trial level. The WCJ had ordered a replacement QME panel because the current QME could not schedule a deposition within 120 days, a reason not explicitly listed in the regulations for a replacement panel. The Board found the WCJ's order was issued without an evidentiary record, preventing proper review. Further proceedings are required to establish an evidentiary basis for any decision regarding a replacement QME.

Petition for RemovalReplacement QME panelWCJ Order8CCR 35.5120-day deposition ruleevidentiary recordsubstantial evidenceAdministrative Director Rule 31.5(a)Mandatory Settlement ConferenceDeclaration of Readiness to Proceed
References
Case No. ADJ8192309
Regular
Dec 01, 2018

SAN JUANA DE LA FUENTE vs. DEL MONTE FOODS SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a lien claimant, Mesa Pharmacy, seeking reconsideration of an order dismissing its lien. The Appeals Board granted reconsideration because the administrative law judge's dismissal order was presented as a summary judgment without an opportunity for due process. The Board found that the lien claimant's petition should be treated as a timely objection and remanded the case for further proceedings. This action allows for a proper evidentiary hearing on the merits of the lien dismissal.

Petition for ReconsiderationLien ClaimantOrder Dismissing LienDue ProcessSummary JudgmentTimely ObjectionGood CauseRescind OrderRemandWorkers' Compensation Appeals Board
References
Case No. ADJ848663 (RDG 0126993)
Regular
Dec 03, 2014

TRACIE LOPEZ vs. THE HERTZ CORPORATION, SPECIALTY RISK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling that deemed applicant Tracie Lopez's petition for increased benefits untimely filed. The applicant argued her due process rights were violated because the judge instructed parties not to submit evidence, then failed to hold an evidentiary hearing. The WCAB agreed to reconsider to allow the applicant to present evidence regarding equitable tolling of the statute of limitations for her discrimination claim. This matter is returned to the trial level for further proceedings to develop the record and a new final decision.

Labor Code Section 132aPetition for ReconsiderationFindings and OrderAmended PetitionTimelinessDue ProcessEvidentiary HearingPoints and AuthoritiesEquitable BasisToll the Statute of Limitations
References
Case No. ADJ10204171
Regular
Oct 13, 2016

BEATRIZ AGUILAR vs. HEALTHCARE SERVICES GROUP AND NEW HAMPSHIRE INSURANCE COMPANY, LTD adjusted by GALLAGHER BASSETT SERVICES INC.

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not taken from a final order, but rather from an interlocutory procedural or evidentiary decision. The Board also denied the Petition for Removal, finding no substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The WCJ's report, incorporated by reference, provided the basis for both decisions. Therefore, the applicant's requests were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionExtraordinary Remedy
References
Case No. ADJ3995603 (MON 0246737), ADJ534884 (MON 0245064), ADJ4048703 (MON 0246736)
Regular
Jun 02, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INDEMNITY

The Workers' Compensation Appeals Board (WCAB) dismissed Herminegilda Chavez's petition for reconsideration because it was not taken from a "final" order. The WCAB explained that intermediate procedural or evidentiary decisions are not considered final. Additionally, the WCAB denied Chavez's petition for removal, as she failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. Therefore, the WCAB found no basis to grant extraordinary relief through removal.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueIntermediate Procedural OrderEvidentiary DecisionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
Showing 1-10 of 1,185 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