Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. LAO 0815051 LAO 0815053

Regular

Jul 10, 2007

ARACELI MENDEZ vs. VAN LAW FOOD PRODUCTS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, finding that the applicant was terminated for insubordination, not for her industrial injury. While the applicant was "written up" for late reporting of her injury, this action alone, without a material adverse employment action, does not constitute a violation of Labor Code §132a. Therefore, the prior finding of unlawful discrimination under §132a was overturned.

Labor Code §132aDiscriminationReconsiderationInsubordinationIndustrial InjuryPermanent DisabilityAdverse Employment ActionPrima Facie CaseDetrimentWCJ

References

Case No. ADJ7210094

Regular

Jan 05, 2012

JOSE G. SANCHEZ vs. DIRECTORY DISTRIBUTION ASSOCIATION, ACE AMERICAN INSURACE COMPANY

This case involves Jose G. Sanchez's workers' compensation claim against Directory Distribution Association and ACE American Insurance Company. The Workers' Compensation Appeals Board denied Sanchez's petition for reconsideration of the judge's decision. The denial was based on the judge's report, which found Sanchez's testimony not credible, giving great weight to the judge's credibility determination as per established case law. Specifically, the judge found that Sanchez failed to prove he reported his injury prior to termination, thus barring his claim under Labor Code Section 3600(a)(10) due to post-termination defense.

Workers' Compensation Appeals BoardReconsideration DeniedCredibility FindingLabor Code Section 5905Title 8 California Code of Regulations 10850Proof of ServiceAdverse PartiesDismissalLabor Code Section 3600(a)(10)Post-Termination Defense

References

Case No. ADJ1528613

Regular

Sep 22, 2010

MARIO DE LA TORRE vs. MERIT PROPERTY MANAGEMENT, SUN CITY CIVIC ASSOCIATION, SCIF INSURED INLAND EMPIRE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's findings. The applicant's claim that his termination was due to his workers' compensation injury was rejected, as evidence indicated he was terminated for assaulting his supervisor. The Board gave great weight to the WCJ's credibility assessments, finding the applicant's testimony lacked credibility compared to defense witnesses. Consequently, the applicant's claim under Labor Code Section 132a was denied.

Workers Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility of WitnessGarza v. Workers' Comp. Appeals Bd.Labor Code Section 132aCompromise and ReleaseAssault and BatteryInsubordinationCollateral Estoppel

References

Case No. ADJ11369357, ADJ11369329

Regular

May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician

References

Case No. ADJ4417162 (VNO 0529182) ADJ1947867 (SBR 0327890)

Regular

Oct 27, 2009

UN CHU KO vs. COUNTY OF LOS ANGELES; PERMISSIBLY SELF-INSURED

The WCAB denied reconsideration, upholding the WCJ's finding that the applicant's psychological injury claim was barred due to lawful, nondiscriminatory, good-faith personnel actions.

Workers' Compensation Appeals BoardReconsideration DeniedLabor Code § 3208.3(h)Psychological InjuryRacial DiscriminationNational Origin DiscriminationPersonnel ActionsAggravationPre-existing Psychiatric DisorderCredibility Determination

References

Case No. ADJ10056628

Regular

Jul 09, 2019

RON ESPINOZA vs. CONSTRUCTION SPECIALTY SERVICES, ZURICH NORTH AMERICAN INSUANCE COMPANY

This case involves a dispute over temporary disability indemnity for an injured crane operator, Ron Espinoza. The defendant argues Espinoza's termination for cause should bar his indemnity claim, while the EDD contends its lien for SDI payments was improperly limited. The Appeals Board granted reconsideration, rescinded the prior decision, and returned the matter for further proceedings. The Board requires a proper analysis of whether Espinoza's termination was justified, as opposed to the trial judge's prior reasoning about rehire possibility.

Temporary disability indemnityPetition for reconsiderationFindings Orders and AwardLabor Code section 4656(c)(2)Lien claimant Employment Development Department (EDD)Dismissal for causeRefusal to workEstoppelSuitable modified workJustified termination

References

Showing 1-6 of 6 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

ARACELI MENDEZ vs. VAN LAW FOOD PRODUCTS, INC., STATE COMPENSATION INSURANCE FUND

Labor Code §132aDiscriminationReconsiderationInsubordinationIndustrial InjuryPermanent DisabilityAdverse Employment ActionPrima Facie CaseDetrimentWCJ

JOSE G. SANCHEZ vs. DIRECTORY DISTRIBUTION ASSOCIATION, ACE AMERICAN INSURACE COMPANY

MARIO DE LA TORRE vs. MERIT PROPERTY MANAGEMENT, SUN CITY CIVIC ASSOCIATION, SCIF INSURED INLAND EMPIRE

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

UN CHU KO vs. COUNTY OF LOS ANGELES; PERMISSIBLY SELF-INSURED

The WCAB denied reconsideration, upholding the WCJ's finding that the applicant's psychological injury claim was barred due to lawful, nondiscriminatory, good-faith personnel actions.

RON ESPINOZA vs. CONSTRUCTION SPECIALTY SERVICES, ZURICH NORTH AMERICAN INSUANCE COMPANY