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. ADJ1498961
Regular
Sep 23, 2010

DALE ARNOLD vs. RALPH'S AKA KROGER

This case involves an applicant's claim for workers' compensation benefits for a right shoulder injury. While the initial award recognized industrial injury to the applicant's left shoulder, right elbow, and right forearm, the defendant sought reconsideration, arguing the right shoulder injury was not work-related. The Appeals Board granted reconsideration, finding the applicant failed to meet the burden of proof for the right shoulder injury. They disagreed with the primary treating physician's opinion and found the agreed medical evaluator's opinion more persuasive, ultimately reversing the finding for the right shoulder.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative TraumaIndustrial InjuryLeft ShoulderRight ElbowRight ForearmRight ShoulderPrimary Treating Physician
References
Case No. ADJ8451841
Regular
Oct 31, 2014

AVIS ADAMS vs. LABCORP, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it was based on medical reports and deposition excerpts not present in the evidentiary record, violating WCAB Rule 10842(b). The Board adopted the Workers' Compensation Judge's report, which found the applicant sustained an industrial injury to her left shoulder and hand based on substantial medical evidence, including the Agreed Medical Evaluator's opinion. The Judge's report also noted the defendant failed to provide any medical evidence supporting alternative causes for the injury. Therefore, the defendant's petition, lacking proper evidentiary support and violating procedural rules, was denied.

Petition for ReconsiderationWCAB Rule 10842(b)evidentiary recordAgreed Medical Evaluator (AME)John G. LaneM.D.industrial injuryleft shoulderleft handcumulative trauma
References
Case No. ADJ2719991 (VNO 0485134) ADJ1334047 (VNO 0428744)
Regular
Aug 20, 2009

Catalina Barajas vs. WELLPOINT HEALTH NETWORK, INC., ZURICH LOS ANGELES

This case involves an applicant who initially sustained a cumulative trauma injury to her upper extremities during a period covered by one insurer. After returning to work with modified duties, she experienced a recurrence and worsening of symptoms, necessitating further treatment and surgery, which the Board now recognizes as a separate cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior finding of a single cumulative trauma injury. The Board held that distinct periods of compensable temporary or permanent disability, as established by medical evidence and treatment, demarcate separate cumulative trauma injuries, aligning with the *Rodarte* precedent. Consequently, the applicant was found to have sustained two separate cumulative trauma injuries, each attributed to different insurance coverage periods.

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities
References
Case No. ADJ8063851, ADJ8061988
Regular
Dec 01, 2014

HASSAAN SALAAM, HASAAN SALAAM vs. TRADESMEN INTERNATIONAL, INC., NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the original findings and award for applicant Hassaan Salaam. The defendants' petition argued insufficient evidence for certain injury findings and questioned the connection between dehydration and cumulative trauma. The Board adopted the WCJ's report, which found the evidence supported the award, clarified distinct injury mechanisms, and noted a correctable clerical error in case numbers. Reconsideration was denied, with the case to be returned to the WCJ for correction of the clerical error.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeJoint Findings and AwardClerical ErrorDehydrationCumulative TraumaWelderMillwrightRepetitive Bending
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ3622491 (AHM 0147660)
Regular
Jun 30, 2010

FRANCISCO HERRERA vs. CORESTAFF SERVICES, AMERICAN HOME ASSURANCE

This case involves a workers' compensation applicant claiming bilateral forearm and hand injury. The administrative law judge (WCJ) previously found $0\%$ permanent disability, but the applicant sought reconsideration, arguing for a $12\%$ permanent disability rating based on the Agreed Medical Examiner's (AME) report. The Appeals Board rescinded the WCJ's decision and remanded the case for further proceedings because the AME's report lacked sufficient explanation for its impairment conclusions, especially in light of the *Almaraz/Guzman II* decision. The Board also noted that the issue of attorney's fees would be addressed during the further proceedings.

Workers' Compensation Appeals BoardPermanent Disability RatingWhole Person ImpairmentAMA GuidesAgreed Medical ExaminerDisability Evaluation SpecialistReconsiderationMedical ReportsLegal TheorySubstantial Evidence
References
Case No. ADJ10328682
Regular
Jun 22, 2018

EDUARDO VILLANO vs. LIVINGSTON CONCRETE SERVICES, INSURANCE COMPANY OF THE WEST

This case concerns an applicant who sustained an industrial injury to his testicle and right hip. The applicant underwent a testicle amputation and later required hip surgery, leading to ongoing temporary disability. The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award of extended temporary disability benefits. The Board ruled that extended benefits under Labor Code section 4656(c)(3)(C) are only applicable when the temporary disability arises from the specific enumerated condition, in this case, an amputation, and not from a subsequent, unrelated condition like the applicant's hip injury. Therefore, the applicant is limited to the standard 104 weeks of temporary disability.

Labor Code section 4656(c)(3)(C)AmputationOrchiectomyTemporary Disability IndemnityPetition for ReconsiderationFindings and AwardWCJAppeals BoardMaximum Medical ImprovementHip Injury
References
Case No. ADJ3310998 (SBR 0339242)
Regular
Aug 09, 2017

DENNIS WHITE vs. GOLDEN WEST FRUIT COMPANY, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOME STATE COMPANIES

This case involves an appeal regarding the apportionment of permanent disability for applicant Dennis White. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and remanded the case for a new rating. The Board found that the Qualified Medical Evaluator, Dr. Sofia, provided substantial medical evidence supporting apportionment of applicant's permanent disability to pre-existing degenerative conditions, as required by current law. This decision overturns the trial judge's finding that apportionment was not established.

ApportionmentQualified Medical EvaluatorPermanent DisabilityReconsiderationFindings and AwardSubstantial Medical EvidenceEscobedoGattenDegenerative ChangesCausation
References
Showing 1-8 of 8 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