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. ADJ10077972
Regular
Apr 12, 2017

DAVID MELANSON vs. EDWARD W. SCOTT ELECTRIC COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.

judicial estoppelcollateral estoppelemployer negligencethird-party creditprior adjudicationinconsistent positionsexpert testimonyjury instructionsmotion in liminecivil action
References
Case No. ADJ9234995
Regular
Sep 06, 2016

JASON ROMAN vs. COUNTY OF RIVERSIDE

The applicant sought reconsideration of a WCJ's decision denying his Labor Code section 132a claim, which alleged unlawful termination due to his work injury. The applicant argued the employer failed to prove business necessity for termination and improperly denied him a promotional service writer position. The Board granted reconsideration, finding further record development necessary on the 132a claim, particularly regarding the denial of the service writer position. The case is returned to the trial level for further proceedings.

Labor Code 132aPetition for ReconsiderationBusiness NecessityReasonable AccommodationService Writer PositionPromotional PositionHigher SalaryWCJ Report and RecommendationAppeals BoardStatutory Rights
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ2729327 (LBO 0391418)
Regular
Dec 14, 2010

Shane Haring vs. COUNTY OF LOS ANGELES

This case involved a police trainee injured in 2007 who later became a full-time police officer, a position eligible for Labor Code Section 4850 benefits. The applicant sought Section 4850 benefits for a period of temporary disability in 2009 stemming from the original 2007 injury. The defendant argued these benefits were inapplicable as the applicant was a trainee at the time of the injury. The Workers' Compensation Appeals Board denied the defendant's reconsideration, holding that Section 4850 benefits are determined by the applicant's status at the time of disability, not injury. The Board affirmed the WCJ's finding that the applicant was entitled to these benefits from the period of his 2009 temporary disability.

Labor Code Section 4850Police OfficerPolice TraineeTemporary DisabilityPermanent DisabilityReconsiderationFindings of FactStipulated AwardIndustrial InjuryLeave of Absence
References
Case No. STK 0190139
Regular
Nov 07, 2007

ANTO'NIO ACOSTA vs. LUPTON EXCAVATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Workers' Compensation Judge's finding that the applicant failed to prove his injury arose out of and in the course of employment. This decision was based on the judge's determination that the applicant was not a credible witness and presented inconsistent accounts of the incident. The Board gave great weight to the judge's credibility findings and the inconsistencies in the applicant's medical history and witness testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationLabor Code ยง 3202.5Preponderance of the EvidenceInjury Arising Out of and In The Course of EmploymentCredibilityInconsistent HistoriesContemporaneous Medical Reports
References
Case No. ADJ913307 (MON 0332389)
Regular
Feb 15, 2011

ADRIAN SANCHEZ vs. SUN VALLEY HAULING/WASTE MANAGEMENT, ACE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding $47\%$ permanent disability. The defendant contested the psychiatric injury finding, arguing the treating physician's report lacked substantial medical evidence due to inconsistencies. The Board found these inconsistencies, particularly regarding evaluation dates and medication status, cast doubt on the physician's conclusions. Therefore, the Board rescinded the original award and returned the case to the trial level to further develop the medical record concerning the psychiatric injury.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityPsychiatric InjurySubstantial Medical EvidenceDr. MusherInconsistent ReportingFurther Development of Medical RecordIndustrial Injury
References
Case No. ADJ7352906
Regular
Jul 10, 2012

ANA PEREZ vs. PALOMINO JANITORIAL SERVICES, ENDURANCE INSURANCE COMPANY, FIRST COMP INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a "take nothing" finding, upholding the WCJ's decision that applicant Ana Perez failed to prove an industrial injury. The WCJ found applicant's testimony not credible due to inconsistent reporting of the injury date, mechanism, and prior medical history. The medical evidence, including a PQME report, concluded no reasonable evidence of an industrial injury existed, citing inconsistent history and denial of trauma in contemporaneous medical records. Therefore, applicant did not meet her burden of proof to establish an industrial injury.

ReconsiderationWCABWCJcredibility determinationamended claimmechanism of injuryinconsistent historyGarden Grove Hospitaldenies traumafibromyalgia
References
Case No. ADJ8185605
Regular
Oct 28, 2013

VERONICA RENDON vs. FULTON HOLDING CORP., SENTRY INSURANCE CO.

The Workers' Compensation Appeals Board denied Veronica Rendon's petition for reconsideration. The Board adopted and incorporated the administrative law judge's report, which found Rendon not to be a credible witness. This finding was based on numerous inconsistencies in her testimony regarding the alleged work injury and its reporting. Consequently, the Board upheld the judge's decision that Rendon failed to prove her injury arose out of and occurred in the course of employment.

AOE/COEPetition for ReconsiderationCredibilityInconsistenciesMedical HistoryWork InjuryEmployerWitness TestimonyCausationBurden of Proof
References
Case No. ADJ4238414
Regular
Jul 22, 2011

CINDY HEWITT vs. THE KROGER CO. dba RALPHS, SEDGWICK CLAIMS

This case involves a Petition for Removal filed by the defendant, The Kroger Co. dba Ralphs, seeking to rescind an order continuing the applicant's case to trial. The defendant argued that inconsistencies in the agreed medical evaluator's reports required further discovery, such as interrogatories or a second deposition, before proceeding. The Appeals Board denied the petition, adopting the WCJ's reasoning that the adequacy of the medical record cannot be determined until the matter is submitted for trial. The Board emphasized that it is more expeditious to proceed to trial and allow the WCJ to assess the record's completeness then.

Petition for RemovalAgreed Medical EvaluatorInconsistenciesDiscoveryOff CalendarWCJReport and RecommendationMcDuffieMedical Record AugmentationCase Development
References
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
Showing 1-10 of 400 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

ยฉ 2026 CompFox Inc. All rights reserved.

Systems Operational