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. ADJ19616091
Regular
Aug 11, 2025

PAULA EASTON vs. THE PERMANENTE MEDICAL GROUP, INC., ATHENS ADMINISTRATORS

Paula Easton, the applicant, claims an industrial injury sustained while employed by The Permanente Medical Group, Inc. The workers' compensation administrative law judge (WCJ) initially found her request for a qualified medical evaluator (QME) panel invalid because it was filed simultaneously with the claim form, contrary to Labor Code section 4060. Easton petitioned for reconsideration, arguing that the statute does not prohibit simultaneous filing and request. The Appeals Board granted the petition for reconsideration, deferring a final decision on the merits for further review and consideration of the entire record.

Labor Code Section 4060Petition for ReconsiderationCompensability EvaluationQualified Medical Evaluator (QME)Simultaneous FilingDWC-1 Claim FormFinal OrderThreshold IssueContinuing JurisdictionRes Judicata
References
14
Case No. 2020 NY Slip Op 01429
Regular Panel Decision
Feb 27, 2020

Matter of Arias (City of New York)

The claimant, Franja Arias, appealed a decision by the Workers' Compensation Board concerning her entitlement to simultaneous awards for a schedule loss of use (SLU) and a permanent partial disability classification. Arias, a school crossing guard, suffered multiple injuries in a work-related slip and fall in January 2016. Despite returning to work at her pre-injury wages, a Workers' Compensation Law Judge determined she had a 40% loss of wage-earning capacity, qualifying her for nonschedule benefits. The Board, however, denied an SLU award based on its interpretation of specific guidelines, arguing that a simultaneous award was not appropriate. The Appellate Division, Third Department, reversed this decision, finding the Board's interpretation to be erroneous and inconsistent with prior case law, particularly Matter of Taher v Yiota Taxi, Inc. The Court emphasized that delaying SLU awards for claimants working at pre-injury wages had no statutory basis and remitted the case for further proceedings.

Workers' CompensationSchedule Loss of UsePermanent Partial DisabilityWage-Earning CapacityStatutory InterpretationAppellate ReviewBoard GuidelinesPre-injury WagesRemittalThird Department
References
14
Case No. MISSING
Regular Panel Decision

Larsen v. JBC Legal Group, P.C.

The plaintiff, Kimberley Larsen, filed a class action lawsuit against JBC Legal Group, P.C., and other defendants under the Fair Debt Collection Practices Act (FDCPA). Larsen alleged that the defendants violated the FDCPA by sending a misleading collection letter attempting to collect debts from New York consumers. The plaintiff defined two classes, Class A and Class B, based on different alleged FDCPA violations. Larsen moved for permission to move simultaneously for summary judgment and Rule 23(b)(3) class certification, or alternatively, for Rule 23(b)(2) class certification, primarily to shift the cost of notice to the defendants. The court denied the plaintiff's motion for simultaneous summary judgment and Rule 23(b)(3) class certification, citing Supreme Court precedent that typically requires the plaintiff to bear the cost of notice. The court also indicated that Rule 23(b)(2) certification is unlikely to be granted in FDCPA cases in the Second Circuit.

FDCPAClass ActionSummary JudgmentClass CertificationRule 23(b)(3)Rule 23(b)(2)Cost of NoticeFair Debt CollectionFederal Rules of Civil ProcedureDebt Collection Practices
References
18
Case No. ADJ689141 (VNO 0427602)
Regular
May 09, 2013

CHERYL CORRAL vs. COUNTY OF LOS ANGELES, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the WCJ's reasoning. Simultaneously, the Board dismissed the defendant's petition for reconsideration. This dismissal was based on the defendant not being an aggrieved party by the WCJ's decision. The outcome was the denial of the applicant's reconsideration request and the dismissal of the defendant's reconsideration request.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDDISMISSEDaggrievedWCJ's decisionLab. Code§ 5900Mullen & Filippi LLPDaniel Anaya
References
1
Case No. ADJ7542088
Regular
Jun 25, 2012

TIMOTHY OAKES vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant City of Sacramento's petition for reconsideration. Simultaneously, the Board granted the applicant Timothy Oakes' petition for reconsideration. The Board affirmed the original decision, with a minor amendment changing Finding of Fact No. 6 to state that the applicant's condition does not require further medical care.

Workers' Compensation Appeals BoardLegally UninsuredPetition for ReconsiderationWCJ reportDecision After ReconsiderationFinding of Factmedical care
References
0
Case No. ADJ2940485 (AHM 0129125) ADJ2870513 (AHM 0129124)
Regular
Dec 08, 2008

Jon Ledesma vs. CITY OF ANAHEIM

This case concerns the apportionment of permanent disability for an applicant with two successive injuries to overlapping body parts that became permanent and stationary simultaneously. The Workers' Compensation Appeals Board granted reconsideration to defer issues of permanent disability, apportionment, and attorney's fees. The Board is awaiting the Court of Appeal's decision in *Benson v. Workers' Comp. Appeals Bd.*, which addresses similar apportionment issues, before further proceedings.

Workers Compensation Appeals BoardJon LedesmaCity of AnaheimJoint Findings Award and Orderindustrial injurypermanent disabilityseparate awardscombined awardsapportionmentBenson v. Permanente Medical Group
References
5
Case No. ADJ4141364 (MON 0148578) ADJ1953565 (MON 0155282) ADJ773621 (MON 0199028)
Regular
Jun 01, 2009

Deborah Gross (Butler) vs. MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, The Boeing Company c/o AIG Claims Services

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the judge's findings on three industrial injuries to her neck, shoulder, and back. The Board dismissed "The Boeing Company's" petition for reconsideration because it was unverified and because Boeing was not currently a party aggrieved by an award. The applicant's arguments regarding simultaneous permanency, disability reduction, and the application of medical opinions were rejected. The Board adopted the judge's report and reasoning in its decision.

Workers' Compensation Appeals BoardMcDonnell DouglasCIGAFremont Industrial IndemnityDeborah GrossPetition for ReconsiderationFindings and AwardsPermanent DisabilityCumulative TraumaBenson v. WCAB
References
2
Case No. VNO 458657
Regular
Sep 11, 2007

DONALD MUMFORD vs. CITY OF ALHAMBRA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. This action was taken because the defendant's due process rights were violated when the WCJ simultaneously issued findings and award with a recommended disability rating, preventing the defendant from objecting or requesting cross-examination of the rater. The Board determined that parties must be afforded the statutorily required seven days to object to a rating before a case is submitted for decision.

Workers' Compensation Appeals BoardDonald MumfordCity of AlhambraPolice OfficerIndustrial InjuryHeartLumbar SpineLeft ShoulderHypertensionPermanent Disability
References
3
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
0
Case No. ADJ887948 (SRO 0103492) ADJ4222536 (SRO 0103500) ADJ3891200 (SRO 0103496)
Regular
Oct 04, 2010

RICHARD CARROLL vs. CONSOLIDATED FREIGHTWAYS, INC., Permissibly Self-Insured, Reinsured By RELIANCE, In Liquidation, Adjusted By CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded prior awards due to a due process violation. The applicant was denied the opportunity to cross-examine the Disability Evaluation Unit rater when the WCJ simultaneously issued decisions and the recommended rating. This prevented applicant's right to object or seek rebuttal evidence before submission for decision. The case is returned to the trial level for further proceedings, including potential rater cross-examination, and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrdersJoint Findings and AwardWCJDisability Evaluation UnitRating InstructionsDue ProcessCross-examinationRater
References
3
Showing 1-10 of 47 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