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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ9910760
Regular
Nov 20, 2018

RAFAEL GUZMAN RODRIGUEZ vs. WASTE MANAGEMENT COLLECTION AND RECYCLING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed its prior decision allowing the applicant to audio record a qualified medical evaluation with Dr. Dizay. The Board exercised its broad discretion to guide discovery, amending the initial administrative law judge's order which had prohibited recording. This decision aligns with the WCAB's authority to review and modify WCJ decisions based on the existing record and judicial discretion.

Petition for ReconsiderationAudio RecordingQualified Medical EvaluatorPanel QMEWCAB DiscretionLabor Code Section 5708Code of Civil ProcedureWCJ DecisionReconsideration ProceedingsJudicial Discretion
References
Case No. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
Case No. ADJ4617702 (GOL 0098783) ADJ1170523 (GOL 0100196)
Regular
Mar 24, 2015

EVE JOHNSON vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Appeals Board granted the Defendant's Petition for Removal and Disqualification of the Workers' Compensation Judge (WCJ). The WCJ abused his discretion by sua sponte initiating sanctions against the Defendant and ordering the appearance of their claims adjuster, instead of proceeding to trial on the applicant's representation status. Furthermore, the WCJ's expressed opinions and actions created an appearance of bias, necessitating his disqualification. The case is returned to the trial level for a new hearing on the originally scheduled issues.

Workers Compensation Appeals BoardPetition for RemovalPetition for DisqualificationAdministrative Law JudgeSanctionsMedical-Legal EvaluationLabor CodeRepresented ApplicantUnrepresented ApplicantQME
References
Case No. ADJ11675915
Regular
Sep 25, 2019

AMBER BETTINCOURT vs. BETHANY HOME SOCIETY OF SAN JOAQUIN COUNTY

The Workers' Compensation Appeals Board (WCAB) denied a Petition for Removal in this case. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The WCAB found that the petitioner failed to demonstrate such harm, nor that reconsideration would be an inadequate remedy. The WCJ's decision not to bifurcate the statute of limitations issue was a proper exercise of judicial discretion.

Petition for RemovalAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyjudicial discretionbifurcationstatute of limitations
References
Case No. ADJ131017 (LAO 0815948) MF ADJ1039868 (LAO 0870358) ADJ1221695 (LAO 0851051) ADJ2892929 (LAO 0851057) ADJ3951418 (LAO 0851054) ADJ4026047 (LAO 0851053) ADJ4055891 (LAO 0730357) ADJ4706034 (LAO 0851052) ADJ4482258 (LAO 0851055) ADJ1151051 (LAO 0851056)
Regular
Nov 30, 2010

MARIA SANCHEZ vs. ANGELO & MARIE LAPARULO, USAA CASUALTY INSURANCE COMPANY, Administered By LIBERTY MUTUAL/HELMSMAN MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Maria Sanchez's Petition for Reconsideration because it was "skeletal" and failed to comply with Board Rules. The petition did not provide specific references to the record or legal principles to support its claims of judicial discretion abuse. Sanchez also failed to adequately state the material evidence supporting her contentions or discuss the evidence relevant to her claimed industrial injuries. Finally, a supplemental letter was rejected as it violated rules prohibiting unsolicited supplemental filings.

Petition for ReconsiderationDismissalBoard Rule 10846Board Rule 10842Skeletal PetitionInsufficient InformationPreponderance of EvidenceJudicial DiscretionSupplemental PetitionLabor Code Section 5813
References
Case No. ADJ8345741
Regular
Nov 05, 2015

MAI LEE vs. THE BROWNIE BAKER, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board denied the defendant's Petition for Removal, upholding the WCJ's order for a second psychiatric QME panel. The WCJ correctly exercised discretion to further develop the record regarding the applicant's psychological injury claim, which arose as a consequence of an admitted thumb injury. While this order delayed the trial, it was deemed necessary for judicial economy and to ensure a fully developed record. The Board found no substantial prejudice or irreparable harm to the defendant, rendering removal an inappropriate remedy.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical Evaluator (QME)PsychiatryMedical Record DevelopmentMandatory Settlement Conference (MSC)Permanent DisabilityRight Thumb InjuryPsychological InjuryCompensable Consequence
References
Case No. ADJ3623428 (MON 0334798) ADJ1196230 (MON 0334799)
Regular
Feb 08, 2010

FREDERICK DOMINGUE vs. CEDAR SINAI MEDICAL CENTER

Defendant Cedar Sinai Medical Center sought reconsideration of an approved Compromise and Release (C&R) for $99,000, settling applicant Frederick Domingue's claims for various injuries, including psyche, respiratory, and cancer. Defendant argued CMS approval was a condition precedent, applicant failed to disclose terminal brain cancer, and the WCJ abused discretion due to applicant's death post-execution but pre-approval. The Appeals Board denied reconsideration, finding no evidence CMS approval was required given the C&R's terms and CMS guidelines, and that the WCAB has discretion to approve a C&R even after an applicant's death. Furthermore, the Board found no sufficient evidence of nondisclosure of a separate terminal brain cancer condition.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseMedicare Set AsideCMS approvalcondition precedentindustrial injurypsycherespiratory systemspine
References
Case No. ADJ7623044
Regular
Jun 18, 2012

YOLANDA CRUZ GARDUNO vs. TIDES WHARF BODEGA BAY ROBERT BUGATTO ENTERPRISES, INC.; TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration and Petition for Disqualification. The WCAB upheld the WCJ's decision regarding the applicant's average weekly wage, finding it was based on credibility and insufficient evidence of overtime. The WCAB also found the WCJ acted appropriately in managing the trial and limiting irrelevant testimony, despite the applicant's due process claims. The applicant is pursuing separate claims with the Labor Commissioner regarding overtime earnings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Disqualificationindustrial injuryaverage weekly wagedue processWCJ credibility assessmentlabor commissionovertime incomeinconsistent testimony
References
Case No. ADJ4167965 (FRE 0231376) ADJ3619518 (FRE 0231377) ADJ1898353 (FRE 0232205)
Regular
Jan 29, 2016

RICHARD ZAGORNIK vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, CORCORAN STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding applicant Richard Zagornik's multiple industrial injuries. The Board found the defendant's petition timely filed and affirmed the WCJ's findings of injury and the 1997 disability rating schedule application. However, the Board rescinded the WCJ's combined permanent disability award due to insufficient apportionment of the low back injury's causation between the specific knee injuries. The case was returned to the trial level for further proceedings to develop the record on permanent disability, apportionment, and attorney fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings of FactAwardOrdercorrectional officeradmitted industrial injuryright kneeleft armleft wrist
References
Showing 1-10 of 563 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