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. ADJ9139200
Regular
Dec 11, 2015

MATTHEW BAKES vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed Matthew Bakes' petition for reconsideration because it was filed against a non-final order. California law requires petitions for reconsideration to be based on "final" orders that determine substantive rights, liabilities, or threshold issues, not interlocutory procedural or evidentiary decisions. The WCJ's decision at issue here only resolved an intermediate procedural or evidentiary matter. Thus, it was not a final order, and the petition was procedurally improper.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsRemoval
References
5
Case No. MISSING
Regular Panel Decision

Rockstone Capital LLC v. Metal

Rockstone Capital LLC appealed an order from the U.S. Bankruptcy Court for the Eastern District of New York. The Bankruptcy Court had denied Rockstone's objection to a claim filed by Alisa Metal, debtor Keith Bub's former spouse, classifying it as a domestic support obligation (DSO) with highest priority. Rockstone argued that the Bankruptcy Court erred by not holding an evidentiary hearing or allowing discovery, and by incorrectly finding Metal's claim to be a DSO. The District Court vacated the Bankruptcy Court's order and remanded the case, finding insufficient factual findings regarding the relative incomes of Bub and Metal at the time of their separation agreement, a critical factor for DSO determination. The case was remanded for further factual development, including potentially additional discovery or an evidentiary hearing.

BankruptcyDomestic Support ObligationDSOPriority ClaimDebtorFormer SpouseMarital ResidenceMortgage PaymentsIncome DiscrepancyFactual Development
References
49
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
6
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
11
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
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
5
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
4
Case No. SAU10030321
Regular
Oct 08, 2019

BRIAN DUARTE vs. ALL ABOUT PAINT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Brian Duarte's petition for reconsideration because it was not filed from a "final" order, decision, or award. A final order must determine a substantive right or liability, or a fundamental threshold issue, not interlocutory procedural or evidentiary matters. The WCJ's order consolidating cases, designating a master file, staying liens, and noticing a hearing was deemed an interlocutory procedural order and therefore not subject to reconsideration.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary DecisionOrder of ConsolidationDesignation of Master File
References
4
Case No. ADJ10106913
Regular
Apr 17, 2018

LUIS FLORES vs. WEST ANGELES CHURCH OF GOD IN CHRIST; INSURANCE COMPANY OF THE WEST GROUP / EXPLORER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an order allowing costs for interpreting services. The WCAB found that the defendant was not properly served with the original order, violating their due process rights. Furthermore, the original order lacked specific reasoning and evidence to support the award, failing to comply with evidentiary requirements. Consequently, the WCAB rescinded the order and returned the matter for further proceedings, including potentially a lien conference.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Allowing CostsWCAB Rule 10500Service of ProcessDue ProcessLien ClaimantLabor Code § 5811WCJ Report and RecommendationTimeliness
References
8
Case No. ADJ11109616, ADJ11247004
Regular
Mar 20, 2019

KIRK WADDELL vs. DAVID B. ANDERSON; EMPLOYERS ASSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration and granted their petition for removal regarding an order allowing applicant's declaration to be submitted to a QME. The Board found the order was not a final determination, thus not subject to reconsideration, and the initial order was issued without an adequate evidentiary record. The Board rescinded the WCJ's order and returned the matter to the trial level for further proceedings.

RemovalReconsiderationQualified Medical EvaluatorDeclarationAdvocacy LetterSub Rosa VideosDue ProcessEvidentiary RecordInterlocutory OrderThreshold Issue
References
12
Showing 1-10 of 24,150 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