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. ADJ1904463
Regular
Jun 11, 2009

Louwana Knoll vs. STATE OF CALIFORNIA/EDD, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board granted reconsideration to overturn a finding that the Agreed Medical Examiner's (AME) apportionment opinion was legally invalid. The Board determined the AME's opinion on the apportionment of permanent disability between the industrial injury and the applicant's underlying rheumatoid arthritis met statutory requirements. Consequently, the Board amended the original award to apportion 50% of the applicant's permanent disability to her non-industrial condition, resulting in a revised award of 40.5% permanent disability.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentCumulative TraumaBilateral Upper ExtremitiesAgreed Medical ExaminerRheumatoid ArthritisCarpal Tunnel SyndromeLabor Code Section 4663Escobedo v. Marshalls
References
Case No. ADJ4646699 (VNO 0453022) ADJ1524259 (VNO 0448334)
Regular
May 04, 2012

PATRICIA BARDLEY vs. R.R. DONNELLEY FINANCIAL, GALLAGHER BASSETT

This case involves an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, upholding the original finding of industrial injury to various body parts, temporary disability, and 17% permanent disability. The applicant argued for 100% permanent disability and challenged the apportionment to non-industrial rheumatoid arthritis. The WCAB adopted the judge's report, concluding the applicant's arguments were unsubstantiated by the record and that supplemental filings containing unintroduced evidence were improper.

BardleyR.R. Donnelley FinancialGallagher BassettADJ4646699ADJ1524259Petition for ReconsiderationFindings and AwardWCJindustrial injurypsych
References
Case No. ADJ6803561
Regular
Dec 07, 2012

PATRICIA FRANCO vs. RUIZ FOODS, AMERICAN ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded a previous award due to insufficient medical evidence supporting the applicant's cumulative trauma claim. The board found that the medical opinions from the treating physician and the qualified medical evaluator were speculative and lacked necessary reasoning regarding causation and apportionment to pre-existing conditions like rheumatoid arthritis. Consequently, the case is returned to the trial level for further development of the medical record, potentially including an Agreed Medical Examiner. This ensures due process by requiring a decision based on substantial evidence.

Cumulative TraumaQualified Medical Evaluator (QME)ApportionmentSubstantial EvidenceMedical OpinionReasonable Medical ProbabilityIncomplete Medical RecordsPre-existing ConditionRheumatoid ArthritisPrimary Treating Physician
References
Case No. ADJ2100251 (LBO 0332162)
Regular
Jan 15, 2013

JO ELLEN ANDERSON vs. CITY OF RANCHO, Permissibly Self-Insured, SUBSEQUENT INJURIES BENEFITS TRUST FUND, YORK INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to address issues concerning permanent disability apportionment and Subsequent Injuries Benefits Trust Fund (SIF) eligibility. The applicant sustained an industrial injury in 2000, with prior significant rheumatoid arthritis and multiple surgeries. The Board rescinded the prior award, finding that the original apportionment of permanent disability between the employer and SIF was unsupported by the necessary factual findings. The case is returned for further proceedings to determine the extent of pre-existing disability and proper apportionment under Labor Code sections 4751, 4663, and 4664(a).

Subsequent Injuries Benefits Trust FundLabor Code section 4751permanent total disabilityapportionmentrheumatoid arthritischronic pain syndromepermanent stationary dateLabor Code section 4664(a)Labor Code section 4663preexisting disability
References
Case No. ADJ8032740
Regular
Sep 17, 2014

LAURA RAMIREZ vs. LOYOLA MARYMOUNT UNIVERSITY, TRAVELERS

This case involved a custodian injured on the job, causing admitted industrial injury to her knee and lumbar spine. The Administrative Law Judge apportioned 50% of the permanent disability to pre-existing arthritis, a decision the applicant contested. The Workers' Compensation Appeals Board denied reconsideration, finding the apportionment supported by medical evidence indicating the industrial injury and pre-existing arthritis jointly necessitated knee replacement surgery. This aligns with precedent requiring apportionment to all causative factors, including underlying pathology.

ApportionmentPre-existing arthritisIndustrial injuryPermanent disabilityWCJPetition for reconsiderationLabor Code 4663PQMEOrthopaedic surgeonArthroplasty
References
Case No. GRO 0029816, GRO 0029817
Significant

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision to apportion 50% of the applicant's permanent disability to a preexisting degenerative arthritis, holding that Labor Code section 4663, as amended by SB 899, permits apportionment based on causation from non-industrial factors supported by substantial medical evidence.

SB 899apportionmentcausationpermanent disabilitypreexisting arthritismedical evidencesubstantial evidenceLabor Code section 4663compensable consequenceQME
References
Case No. ADJ9822757, ADJ9826854
Regular
May 05, 2017

MIREYA CASILLAS vs. CVS PHARMACY, INC.

The Workers' Compensation Appeals Board denied CVS Pharmacy's Petition for Reconsideration. The Board adopted the WCJ's report, finding that a single physician's opinion can constitute substantial evidence, even if conflicting. This decision upholds the WCJ's findings regarding industrial injuries, including dyspepsia, fibromyalgia, rheumatological arthritis, and psyche, as reported by various medical experts. The Board specifically noted that apportionment issues were not at the forefront of the current "body parts" determination.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATION DENIEDSUBSTANTIAL EVIDENCEWCJ REPORTAPPORTIONMENTPSYCHERHEUMATOID ARTHRITISFIBROMYALGIADYSPEPSIAGASTROINTESTINAL
References
Case No. WCK 0067792
Regular
Sep 20, 2007

ERNEST J. WILLIAMS vs. PINKERTON SECURITY, ESIS

This case involves an applicant who sustained an industrial injury to his right knee. The defendant sought reconsideration of the original award, arguing the judge erred in denying credit for temporary disability overpayments and in failing to apportion permanent disability to pre-existing arthritis. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter for further proceedings. The Board found that apportionment to prior arthritis, even if it necessitated knee replacement surgery, is required under current law and that the Agreed Medical Evaluator's opinion on apportionment was sufficient.

WCABPinkerton SecurityErnest J. Williamsindustrial injuryright lower extremitypermanent disabilityapportionmenttemporary disability overpaymentAgreed Medical EvaluatorAME
References
Case No. VNO 482752, VNO 482753
Regular
Jul 10, 2007

JESUS SANJORO vs. MOTION PICTURE AND TELEVISION FUND, Permissibly Self-Insured, Adjusted By ROYAL INDEMNITY CO.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's award of 46% permanent disability. The Board found, consistent with prior precedent in *Steinkamp*, that medical treatment itself is not apportionable, even if non-industrial factors contributed to the need for that treatment. Therefore, the applicant's permanent disability resulting from knee replacement surgery was not subject to apportionment based on the underlying non-industrial arthritis.

Workers' Compensation Appeals BoardSanjoroMotion Picture and Television FundRoyal Indemnity Co.VNO 482752VNO 482753Petition for ReconsiderationFindings Award and OrderSecurity OfficerBilateral Knees
References
Case No. SJO 244847
Regular
Feb 06, 2008

Celestine Lewis vs. COCA-COLA ENTERPRISES, INC.

This case concerns Celestine Lewis's claim against Coca-Cola Enterprises for workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) denied Lewis's petition for reconsideration of a prior decision regarding the apportionment of her permanent disability. The WCAB adopted the Administrative Law Judge's report, which upheld the apportionment of 30% of Lewis's permanent disability to pre-existing arthritis, consistent with recent legislative changes emphasizing apportionment to causative factors including pathology.

Workers' Compensation Appeals BoardCelestine LewisCoca-Cola EnterprisesInc.Permissibly Self-InsuredPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDivision of Workers' CompensationJudicial AuthorityOriginal Jurisdiction
References
Showing 1-10 of 54 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