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. MISSING
Regular Panel Decision

Galvin v. National Biscuit Co.

This is an appeal from an order denying the defendant's motion to vacate a notice of examination before trial. The court unanimously affirmed the order, with twenty dollars in costs and disbursements. The decision explicitly states "No opinion" on the merits of the case. The date for the examination to proceed is to be determined and fixed in a subsequent order. This order will be settled on notice.

Examination Before TrialMotion to VacateOrder AffirmedCosts and DisbursementsPre-trial Discovery
References
0
Case No. MISSING
Regular Panel Decision

Crawford v. Ehrlich

The court reversed an order denying a motion to vacate a notice of examination before trial, subsequently granting the motion. The examination sought information regarding $2,700 in U.S. Bonds and a $1,000 insurance policy, both payable or assigned to the executrix individually. The court found that the objectant had no legal interest in these assets as they were payable to a stated beneficiary and individually assigned to the executrix. Furthermore, the objectant was not a creditor, precluding examination under the Debtor and Creditor Law. Therefore, it was deemed an improvident exercise of discretion to permit the examination given the objectant's lack of a possible legal interest.

Motion to vacateNotice of examination before trialU.S. Bonds Series EInsurance policyDecedent's estateExecutrixObjectantDebtor and Creditor LawLegal interestDiscretionary power
References
1
Case No. ADJ739750 (FRE 0217695) ADJ3422922 (FRE 0217696) ADJ4620151 (FRE 0217213)
Regular
Sep 23, 2010

JERRY P. WILLIAMS vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially issued a Notice of Intention to Impose Sanctions against State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits. SCIF objected, asserting the printout was available at a prior Mandatory Settlement Conference (MSC) with a former attorney. Although the printout was not explicitly mentioned in the MSC pre-trial statement or offered at trial, the WCAB accepted SCIF's representation of its availability. Consequently, finding no willful failure to comply with a regulatory obligation, the WCAB dismissed the Notice of Intention to Impose Sanctions.

Workers' Compensation Appeals BoardNotice of Intention To Impose SanctionsWCAB Rule 10607computer printout of benefitsMandatory Settlement Conference (MSC)Declaration of Desiree A. Mercadopre-trial conference statementproposed exhibitsEAMSwillful failure to comply
References
0
Case No. ADJ1393892
Regular
Aug 16, 2011

JOSE NAVARRO vs. LOCKHEED

The Appeals Board denied the applicant's Petition for Reconsideration regarding an alleged March 12, 1990 injury, upholding the WCJ's finding that no industrial injury occurred. The Board granted removal on its own motion to address potential sanctions against applicant's counsel for citing medical records not present in the official record, which is a violation of WCAB rules and attorney ethics. The Board issued a Notice of Intention to impose $1,000 in sanctions jointly against the attorney and his firm, and awarded attorney's fees to the defendant. Other outstanding issues in the consolidated cases are returned to the trial level for further proceedings by the WCJ.

Petition for ReconsiderationQualified Medical EvaluatorSubstantial EvidenceCredibility DeterminationMisleading PetitionSanctionsLabor Code Section 5813WCAB RulesAttorney's DutyEvidence Outside Record
References
4
Case No. MISSING
Regular Panel Decision

Vergara v. Scripps Howard, Inc.

Plaintiff, an employee of The New York Times, sustained severe leg and back injuries in 1989 when his trousers were caught by a conveyor, pulling him into machinery. The accident occurred because the Times had removed safety guards originally welded onto the machine by the manufacturer's predecessor. Plaintiff sued Rockwell International Corporation, the successor to the manufacturer, alleging failure to warn about the danger of removing the safety guards. The trial court denied Rockwell's motion for judgment notwithstanding the verdict but modified the damages award. On appeal, the court reversed the trial court's decision, finding insufficient evidence that Rockwell had notice of the dangerous modification made by the Times, either actually or constructively, and thus no duty to warn existed. The court concluded the accident was caused by the employer's negligence, not Rockwell's, and dismissed the complaint.

Workers' Compensation LawProduct LiabilitySuccessor LiabilityDuty to WarnNegligenceMachine ModificationSafety GuardsAppellate ReviewSufficiency of EvidenceJudgment Notwithstanding Verdict
References
12
Case No. ADJ6918399
Regular
Feb 27, 2013

MARIA SANCHEZ vs. AUTOZONE, INC./USF&G, Administered By GALLAGHER BASSETT/NUFIC Administered By GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien. Despite the lien claimant's assertion of lack of notice, the record indicates their representative appeared and signed in for the trial. The WCAB found the petition frivolous, citing the claimant's failure to object to a Notice of Intention to Dismiss and misrepresentation of facts. Consequently, the WCAB intends to impose sanctions up to $1,200.00 against the lien claimant and its representative for abuse of process.

Petition for ReconsiderationOrder of Dismissal of LienLien ClaimantNotice of Intention to DismissDue ProcessHearingWCJBoard Rule 10562Labor Code section 5813Sanctions
References
5
Case No. ADJ2419683
Regular
Dec 03, 2012

HECTOR VICHEZ vs. AARON BROTHERS ART MARTS, BROADSPIRE FOR AMERICAN MOTORIST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration and issued a notice of intention to impose sanctions. This action stems from the lien claimant and their representatives' failure to appear at a properly noticed trial and subsequent filing of a petition for reconsideration without acknowledging this critical omission. The Board found their actions to be frivolous, intended to cause delay, and constituted misrepresentations to the Board. Sanctions of up to $2,500, plus attorney fees and costs, may be imposed jointly and severally against the lien claimant and his representatives if they fail to demonstrate good cause to the contrary.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDue ProcessSanctionsBad Faith ActionsFrivolous TacticsUnnecessary DelayLabor Code
References
8
Case No. ADJ10068763, ADJ10567862, ADJ10694876, ADJ10758465
Regular
Jul 03, 2016

NAHIDEH SARRAFIEH vs. CITY OF EL SEGUNDO

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal due to a procedural error by the Workers' Compensation Judge (WCJ). The WCJ erroneously set the case for trial after issuing a confusing "Notice of Hearing Cancellation" which led applicant's counsel to believe the hearing was cancelled. Despite applicant's counsel appearing and objecting, the WCJ proceeded to set the trial, failing to provide adequate notice. The Appeals Board rescinded the trial setting order and remanded the case for a new Mandatory Settlement Conference to ensure proper notice and preparation.

Petition for RemovalNotice of Hearing CancellationMandatory Settlement ConferenceDue ProcessObjectionsTrial SettingRescind OrderReturn for MSCWCJ OpinionAppeals Board Decision
References
3
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
4
Showing 1-10 of 7,907 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