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. ADJ11065177
Regular
Apr 09, 2019

FRANK ROMANO vs. PROVIDENCE HEALTH AND SERVICES, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award that found 4% permanent disability. The Board found the orthopedist's apportionment of lumbar spine impairment to nonindustrial daily activities to be unsubstantiated. Specifically, the doctor could not identify specific nonindustrial activities causing impairment or link them to the found impairment. Therefore, the Board awarded an unapportioned 7% permanent disability for the applicant's industrial lumbar spine injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent DisabilityApportionmentSubstantial Medical EvidenceMedical OpinionLumbar Spine DRE Category IIWhole Person ImpairmentAMA GuidesMuscle Spasm
References
Case No. ADJ6526755; ADJ6526979 ADJ6671938; ADJ6672994
Regular
Jul 13, 2015

Diane Nye vs. WALGREENS COMPANY

In this workers' compensation case, the Workers' Compensation Appeals Board denied Walgreens' petition for reconsideration of four findings and awards issued to applicant Diane Nye. Walgreens challenged the awards, claiming a May 14, 2004 psychiatric injury was nonindustrial, the combined permanent disability exceeded 100%, further apportionment was needed for obesity, smoking, and a subsequent nonindustrial injury, and Nye's occupation was misclassified. The Board found substantial evidence supported the WCJ's findings, including industrial psychiatric injury and appropriate apportionment based on AME opinions. The Board also affirmed the dual occupation classification and resulting permanent disability rating, as Nye's stock clerk duties were an integral part of her employment.

Petition for ReconsiderationIndustrial InjuryPsycheHypertensionGastric SystemPermanent DisabilityAgreed Medical EvaluatorApportionmentObesitySmoking
References
Case No. ADJ11207109; ADJ11207111
Regular
May 29, 2025

Darren Hailey vs. Continental Labor, National Union Fire Insurance Company

Applicant Darren Hailey sought reconsideration of two Findings and Awards from October 19, 2021, in cases ADJ11207109 and ADJ11207111, where a WCJ found industrial injuries but apportioned 50 percent of permanent disability to nonindustrial factors based on a Qualified Medical Evaluator's (QME) opinion. Hailey contended that the QME's apportionment opinion was not substantial medical evidence. The Workers' Compensation Appeals Board, in a majority decision, affirmed the WCJ's findings, concluding that the QME adequately explained the basis of his apportionment, attributing 50 percent of the impairment to nonindustrial obesity due to its role in inhibiting recovery and causing accelerated wear and tear on joints. However, Commissioner Katherine A. Zalewski dissented, agreeing that the QME identified the factors of permanent disability but arguing that he failed to adequately explain how he arrived at the 50 percent apportionment figure, deeming the analysis incomplete.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical Evaluator (QME)Industrial InjuryNonindustrial FactorsCausationSubstantial Medical EvidenceObesity
References
Case No. SDO 0322942
Regular
Jan 31, 2008

ROBERT WEIS vs. VULCAN MATERIALS COMPANY, ZURICH NORTH AMERICA

The applicant claims an admitted industrial spinal injury caused his umbilical hernia, but the WCJ denied benefits for the hernia, finding it nonindustrial. The applicant argues the Qualified Medical Evaluator's opinion supports industrial causation for the hernia, contradicting the defense. The Appeals Board granted reconsideration to obtain a report from the WCJ regarding this contested issue.

Workers' Compensation Appeals BoardVulcan Materials CompanyZurich North AmericaRobert Weisindustrial injuryspineherniaumbilical herniatruck driverqualified medical evaluator
References
Case No. ADJ3339526
Regular
Oct 14, 2008

Jeffrey Zajdel vs. CALIPATRIA STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the issue of apportionment of the applicant's permanent disability due to a heart and brain injury. The Board rescinded the prior decision that apportioned 50% of the disability to non-industrial factors, finding the medical opinion supporting apportionment speculative and not based on established legal principles. Consequently, the Board issued a new award for 100% permanent disability without apportionment and reinstated the applicant's attorney's fees based on this higher award.

WORKERS' COMPENSATION APPEALS BOARDJEFFREY ZAJDELCALIPATRIA STATE PRISONSTATE COMPENSATION INSURANCE FUNDADJ3339526VNO 0491968OPINION AND ORDER GRANTING RECONSIDERATIONSUPPLEMENTAL FINDINGS AND AWARDINDUSTRIAL INJURYHEART INJURY
References
Case No. ADJ 4121660 ADJ 4115607
Regular
Sep 05, 2008

Kevin Dickinsen vs. ARAI DESIGN, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ’s decision to reflect apportionment of 25% to nonindustrial factors, affirming the rest of the decision. Apportionment was based on Dr. Miles' opinion and compliance with legal standards.

Workers Compensation Appeals BoardFindings and AwardReconsiderationPermanent DisabilityApportionmentIndustrial InjuryCumulative TraumaState Compensation Insurance FundAgreed Medical ExaminerAMA Guides
References
Case No. VNO 454527
Regular
Jul 07, 2008

MARIA GARCIA vs. TORCH ONE/XL SPECIALTY INSURANCE, Administered by BROADSPIRE

The Appeals Board granted the defendant's petition for reconsideration, finding that their petition was timely considered due to a procedural delay in notification. The original decision finding an industrial injury to the applicant's right wrist and upper extremity was rescinded. The case is remanded to the trial level for further proceedings, including applicant testimony and cross-examination, to address the defendant's arguments about nonindustrial causes and the reliability of medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Decisionindustrial injuryright wristright upper extremitynursing assistantnonindustrial causessubstantial medical evidencereappearance of applicant
References
Case No. ADJ1863446 (AHM 0098759)
Regular
Jun 05, 2014

LAURA KOSCKI vs. CONSOLIDATED FREIGHTWAYS, INC., FIDELITY & GUARANTY INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to address apportionment of the applicant's psychiatric permanent disability. The Board rescinded the original award and substituted a new one, finding 15% of the applicant's psychiatric disability is due to nonindustrial litigation stress. The matter was returned to the WCJ to obtain a new rating reflecting this apportionment and to resolve deferred issues regarding permanent disability payments and life pension amounts. Clerical errors concerning injury location and temporary disability dates were also corrected.

Petition for ReconsiderationFindings Award and OrderQualified Medical Evaluatorapportionmentpsychiatric injuryindustrial injurynonindustrial stresslitigation stresstemporary disabilitypermanent disability
References
Case No. ADJ8240882; ADJ8240881; ADJ8615401
Regular
Apr 21, 2025

ROBERT S. HAPPENY vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTE FOR WOMEN

Applicant Robert S. Happeny sustained industrial injuries during his employment as a correctional officer, leading to a finding of permanent and total disability by the WCJ due to his inability for vocational retraining. The WCJ also issued an unapportioned award, concluding that apportionment to nonindustrial factors was not proven. Defendant challenged this decision via a petition for reconsideration, disputing the method of combining disabilities and the reliability of vocational reports. The Appeals Board granted reconsideration, affirming the WCJ's determination of permanent and total disability based on vocational infeasibility and the lack of established apportionment, ultimately rescinding the original decision and substituting new findings of fact.

ADJ8240882ADJ8240881ADJ8615401correctional officerindustrial injuryheartpsycheright wristrespiratory systemlumbar spine
References
Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
Showing 1-10 of 56 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