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Case Law Database

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

Case No. ADJ19479057

Regular

Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor

References

Case No. ADJ463252 (VNO 0529697) ADJ240577 (VNO 0529698)

Regular

Sep 21, 2012

SHARON MARR vs. JBL PRO MANUFACTURING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Sharon Marr's petition for removal against JBL Pro Manufacturing and Travelers Property Casualty Company of America. The dismissal was primarily based on the petition not being timely-filed. Even if it had been timely, the Board would have denied the petition on its merits, adopting the reasons stated by the administrative law judge.

Petition for RemovalTimely-filedWCJ ReportDismissedWorkers' Compensation Appeals BoardADJ463252ADJ240577JBL PRO MANUFACTURINGTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAFrank M. Brass

References

Case No. ADJ9800793

Regular

Oct 06, 2016

TRAVIS TIDWELL vs. PRO TRAFFIC SERVICES, COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

In Tidwell v. Pro Traffic Services, the applicant, Travis Tidwell, petitioned for reconsideration of a July 12, 2016 decision. The Workers' Compensation Appeals Board granted reconsideration to allow for further study of the factual and legal issues. This allows the Board to gain a complete understanding of the record for a just decision. All future filings related to the petition must now be submitted directly to the Commissioners' office in San Francisco, not district offices or e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardTravis TidwellPro Traffic ServicesCompanion Property and Casualty Insurance CompanyIntercare PasadenaSan Diego District OfficeStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision

References

Case No. ADJ7445107

Regular

Oct 13, 2025

JILLIAN DIFUSCO vs. HANDS ON SPA, EMPLOYERS COMPENSATION INSURANCE GROUP

The Appeals Board, en banc, granted reconsideration of a WCJ's decision regarding disclosure requirements for defendants. The WCJ had ruled that the defendant only needed to disclose the name of its insurance carrier as per WCAB Rule 10390. The Board determined that its prior en banc decisions, Coldiron I and II, are binding precedent and require defendants to disclose all entities liable for payment and any insurance policy provisions affecting liability. Consequently, the WCJ's Findings of Fact and Order were rescinded, and the matter was returned to the trial level for further proceedings consistent with this comprehensive disclosure mandate.

En Banc DecisionWCAB Rule 10390Coldiron IColdiron IIDiscovery RequestInsurance Carrier DisclosureSelf-Insured RetentionLarge DeductibleEntity Liable for CompensationThird-Party Administrator

References

Case No. AHM 0088770

Regular

Aug 07, 2007

SAM AVINA vs. FIXTURE PRO, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This Workers' Compensation Appeals Board decision dismisses the defendant's petition for reconsideration. The dismissal is based on a subsequent stipulation between the parties that resolves the issue raised in the petition. The Board also noted that the alleged error in the prior decision was a typographical error not resulting in actual prejudice to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationDismissalPermanent Total DisabilityIndemnity RateTypographical ErrorAggrieved PartyTrial LevelWorkers' Compensation Administrative Law Judge

References

Case No. ADJ1796224

Regular

Sep 09, 2008

JOSE BONILLA vs. PRO-COMM PLASTERING

Reconsideration granted due to insufficient evidence regarding applicant's employment at the time of injury. Case returned to trial level for further development of the record.

ReconsiderationIndustrial injuryEmployment disputeWall DesignPro-Comm PlasteringWCJEvidence developmentDeposition transcriptsSubstantial justiceLabor Code § 5906

References

Case No. ADJ1755508

Regular

Mar 30, 2011

SOSTENES REYES vs. PRO TRADES CONNECTION, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the initial award, primarily addressing the defendant's contentions regarding the applicant's average weekly wage and credit for temporary disability payments. The Board agreed with the WCJ's recommendation to amend the award to include credit for temporary disability payments already made. Additionally, the Board corrected a clerical error concerning the permanent disability indemnity, incorporating credit for past payments and an attorney's fee. The award was otherwise affirmed, confirming the applicant's admitted industrial injury and $100\%$ permanent total disability.

WCABReconsiderationAverage Weekly EarningsTemporary Total DisabilityPermanent Total DisabilityCredit for PaymentsSupplemental PetitionClerical ErrorAttorney FeeMedical Treatment

References

Case No. ADJ2506742

Regular

Apr 18, 2011

SAUL FUENTES ARGUETA, SAUL ARGUETA vs. PRO CASES INC., STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant, Dr. Konstat, seeking reconsideration of a Compromise and Release (C&R) agreement. Dr. Konstat contends the C&R improperly dismisses the applicant's psychiatric injury claim, which had been previously established by earlier WCAB orders. However, the Board found the C&R did not explicitly stipulate the applicant *did not* sustain a psychiatric injury, but rather agreed to withdraw that specific claim. Therefore, the C&R was not a final order regarding the lien claimant's rights, and the petition for reconsideration was dismissed, allowing the lien claimant to pursue her claim separately.

Lien claimantCompromise and ReleasePetition for ReconsiderationIndustrial injuryPsycheStipulationFindings and AwardLabor CodeWorkers' Compensation Appeals BoardWCJ

References

Case No. ADJ9794866, ADJ9794864

Regular

Jun 02, 2015

MARINA MORFIN vs. SF GREEN CLEAN, LLC, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, PRO CENTURY INSURANCE

This Workers' Compensation Appeals Board (WCAB) order denies Marina Morfin's petition for removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the Board found was not met. The WCAB adopted the Workers' Compensation Judge's report, concluding that reconsideration would be an adequate remedy if a decision adverse to the applicant is issued. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyADJ9794866ADJ9794864SF Green Clean

References

Case No. ADJ4137919 (LAO 0855341) ADJ3018408 (LAO 0855344)

Regular

Dec 15, 2009

Enrique Madrigal vs. KAVLICO CORP, NOVA PRO RISK SOLUTIONS

Lien claimants' Petition for Reconsideration is granted; the Orders of Reimbursement are affirmed, but amended to delete the award of interest.

Petition for ReconsiderationOrder of ReimbursementLien ClaimantsPetition for ReimbursementAmounts Paid in ErrorInterest AwardWCJ's OrderStatutory BasisAppeals BoardDecision After Reconsideration

References

Showing 1-10 of 306 results

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Updated Daily

Case Law Database

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

Case No. ADJ19479057

Regular

Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor

References

Case No. ADJ463252 (VNO 0529697) ADJ240577 (VNO 0529698)

Regular

Sep 21, 2012

SHARON MARR vs. JBL PRO MANUFACTURING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Petition for RemovalTimely-filedWCJ ReportDismissedWorkers' Compensation Appeals BoardADJ463252ADJ240577JBL PRO MANUFACTURINGTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAFrank M. Brass

References

Case No. ADJ9800793

Regular

Oct 06, 2016

TRAVIS TIDWELL vs. PRO TRAFFIC SERVICES, COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

References

Case No. ADJ7445107

Regular

Oct 13, 2025

JILLIAN DIFUSCO vs. HANDS ON SPA, EMPLOYERS COMPENSATION INSURANCE GROUP

En Banc DecisionWCAB Rule 10390Coldiron IColdiron IIDiscovery RequestInsurance Carrier DisclosureSelf-Insured RetentionLarge DeductibleEntity Liable for CompensationThird-Party Administrator

References

Case No. AHM 0088770

Regular

Aug 07, 2007

SAM AVINA vs. FIXTURE PRO, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

References

Case No. ADJ1796224

Regular

Sep 09, 2008

JOSE BONILLA vs. PRO-COMM PLASTERING

Reconsideration granted due to insufficient evidence regarding applicant's employment at the time of injury. Case returned to trial level for further development of the record.

ReconsiderationIndustrial injuryEmployment disputeWall DesignPro-Comm PlasteringWCJEvidence developmentDeposition transcriptsSubstantial justiceLabor Code § 5906

References

Case No. ADJ1755508

Regular

Mar 30, 2011

SOSTENES REYES vs. PRO TRADES CONNECTION, AMERICAN HOME ASSURANCE

WCABReconsiderationAverage Weekly EarningsTemporary Total DisabilityPermanent Total DisabilityCredit for PaymentsSupplemental PetitionClerical ErrorAttorney FeeMedical Treatment

References

Case No. ADJ2506742

Regular

Apr 18, 2011

SAUL FUENTES ARGUETA, SAUL ARGUETA vs. PRO CASES INC., STATE COMPENSATION INSURANCE FUND

Lien claimantCompromise and ReleasePetition for ReconsiderationIndustrial injuryPsycheStipulationFindings and AwardLabor CodeWorkers' Compensation Appeals BoardWCJ

References

Case No. ADJ9794866, ADJ9794864

Regular

Jun 02, 2015

MARINA MORFIN vs. SF GREEN CLEAN, LLC, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, PRO CENTURY INSURANCE

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyADJ9794866ADJ9794864SF Green Clean

References

Case No. ADJ4137919 (LAO 0855341) ADJ3018408 (LAO 0855344)

Regular

Dec 15, 2009

Enrique Madrigal vs. KAVLICO CORP, NOVA PRO RISK SOLUTIONS

Lien claimants' Petition for Reconsideration is granted; the Orders of Reimbursement are affirmed, but amended to delete the award of interest.

Petition for ReconsiderationOrder of ReimbursementLien ClaimantsPetition for ReimbursementAmounts Paid in ErrorInterest AwardWCJ's OrderStatutory BasisAppeals BoardDecision After Reconsideration

References

Showing 1-10 of 306 results

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