Updated Daily

Case Law Database

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

Case No. MON 259901 MON 261908

Regular

VICENTE FELIX vs. WEBER METALS, INC., AIG CLAIMS SERVICES, INC.

Defendant AIG's petition for reconsideration was dismissed by the Workers' Compensation Appeals Board because it was unverified and sought reconsideration of a non-final "Notice of Intention to Grant Petition." The Board found the petition to be contrary to Labor Code section 5902 due to the lack of verification and noted that a notice of intention is not a final order subject to reconsideration. Consequently, the Board dismissed the petition and deferred addressing the appended petition to change administrator.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Appointing Administrator of AwardUnverified PetitionLabor Code Section 5902Report and RecommendationNotice of IntentionFinal OrderPetition to Change AdministratorWCJ

References

Case No. LAO 859932 LAO 860799

Regular

RONALD HARDGROVE vs. INTERCON SECURITY SYSTEMS

This Workers' Compensation Appeals Board order denies reconsideration of a previous decision. The applicant's claims of psychiatric and physical injuries related to his employment were not supported by medical evidence or the applicant's own admissions. The Board adopted the Workers' Compensation Judge's findings, including giving great weight to their credibility assessment of the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.AggravationPreexisting conditionPsycheNervous systemRight upper extremityWrist

References

Case No. LAO 0784107

Regular

THELMA CUADRA vs. COMMUNITY HOME CARE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CHRISTINE GATES, FIREMAN'S FUND INSURANCE COMPANY

This case involves a worker's compensation claim for an admitted industrial injury sustained in 2000. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling that dismissed CIGA and found Fireman's Fund liable. The WCAB rescinded the prior decision and returned the matter to the trial level for further development of the record. This is necessary because neither party provided sufficient evidence, specifically insurance policies, to determine if Fireman's Fund coverage constitutes "other insurance" which would affect CIGA's liability.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGACredit General Insurance CompanyFireman's Fund Insurance CompanyCommunity Home CareChristine GatesGeneral EmployerSpecial EmployerIndustrial Injury

References

Case No. BAK 0144430 ANA 0384706

Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

This case involves a deceased worker's dependents claiming serious and willful misconduct by the employer. The Workers' Compensation Appeals Board (WCAB) granted removal and deferred the serious and willful misconduct claim despite the employer's objection. The WCAB found that the issue was not properly noticed for trial and bifurcated it to prevent prejudice and ensure due process for all parties involved.

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm

References

Case No. SDO 0335244

Regular

FREDDY GOMEZ vs. EL TORITO RESTAURANT, GALLAGHER BASSETT SERVICES

This case involved a petition to disqualify a Workers' Compensation Judge (WCJ) based on a prior declaration of bias and an alleged appearance of bias. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that while a previous case established a past appearance of bias, the current petition lacked specific evidence of present bias or appearance thereof. Furthermore, the WCAB concluded that sufficient time had passed since the prior proceedings, and the appearance of bias, if any, had sufficiently attenuated.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeLabor Code section 5311WCAB Rule 10452Appearance of BiasActual BiasBlanket RecusalMandatory Settlement ConferenceIndustrial Injury

References

Case No. SAC 256953, SAC 256954, SAC 256955

Regular

CAROL TORREZ vs. SUPERSHUTTLE, CLARENDON NATIONAL INSURANCE

This case involves cross-petitions for reconsideration concerning an applicant's workers' compensation claims for upper back/neck, low back, and upper extremity injuries sustained as an airport shuttle driver. The Appeals Board granted both applicant's and defendant's petitions, largely affirming the WCJ's findings but amending several clerical and factual errors. Key amendments include correcting defendant identification, clarifying stipulation regarding the low back injury, adjusting attorney fees and liens, and crediting EDD payments against temporary disability indemnity.

Workers' Compensation Appeals BoardSupershuttleClarendon National InsuranceCIGACalifornia Compensation Insurance Companyindustrial injuryupper backnecklow backcumulative trauma

References

Case No. VNO 0510561, VNO 0510562

Regular

JANIS RUSH vs. CALIFORNIA CORRECTIONAL INSTITUTION, STATE COMPENSATION INSURANCE FUND

The defendant, State Compensation Insurance Fund, petitioned for removal to amend an order closing discovery to allow a deposition, but the petition was denied. The Workers' Compensation Appeals Board found the petition contained irrelevant information, suggesting it was partially plagiarized from another case. Crucially, the Board determined the closure of discovery would not cause significant prejudice or irreparable harm to the defendant.

petition for removalagreed medical evaluatorclosure of discoverysignificant prejudiceirreparable harmWCAB Rule 10843Report and Recommendationworkers' compensation administrative law judgeDENYING REMOVALCALIFORNIA CORRECTIONAL INSTITUTION

References

Case No. SJO 0237342

Regular

LINDA ONTIVEROS vs. SAVERS STORES, ZURICH AMERICA INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration, upholding the WCJ's original decision. The WCAB clarified its judicial authority and the role of WCJs in delegating those powers. Specifically, the Board ordered a correction to the heading of the WCJ's report to accurately reflect the "Workers' Compensation Appeals Board" as the decision-making body.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJJudicial AuthorityOriginal JurisdictionLab. CodeCal. Code RegsSan Jose District OfficeAdministrative Law Judge

References

Case No. ADJ3719390 (STK 0211178)

Regular

IRIS GOMEZ vs. DOROTHY STEVENS, CSAA INTER INSURANCE BUREAU, TRISTAR RISK MANAGEMENT

The Petition for Reconsideration is denied based on the review of the record and the WCJ's report.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportdeny reconsiderationADJ3719390STK 0211178ApplicantDefendantsCSAA INTER INSURANCE BUREAUTRISTAR RISK MANAGEMENT

References

Case No. ADJ3515970 (SAL 0120597)

Regular

JOSE ALFREDO SABINO vs. JOHNSON PUMP COMPANY, INC., STATE COMPENSATION INSURANCE FUND

The Petition for Reconsideration is dismissed as the order to attend a medical evaluation is not final. Removal is denied due to lack of substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalInterlocutory OrdersFinal OrderSubstantive RightsLiabilitiesMedical EvaluationLabor Code section 5310Substantial Prejudice

References

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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. MON 259901 MON 261908

Regular

VICENTE FELIX vs. WEBER METALS, INC., AIG CLAIMS SERVICES, INC.

References

Case No. LAO 859932 LAO 860799

Regular

RONALD HARDGROVE vs. INTERCON SECURITY SYSTEMS

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.AggravationPreexisting conditionPsycheNervous systemRight upper extremityWrist

References

Case No. LAO 0784107

Regular

THELMA CUADRA vs. COMMUNITY HOME CARE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CHRISTINE GATES, FIREMAN'S FUND INSURANCE COMPANY

References

Case No. BAK 0144430 ANA 0384706

Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm

References

Case No. SDO 0335244

Regular

FREDDY GOMEZ vs. EL TORITO RESTAURANT, GALLAGHER BASSETT SERVICES

References

Case No. SAC 256953, SAC 256954, SAC 256955

Regular

CAROL TORREZ vs. SUPERSHUTTLE, CLARENDON NATIONAL INSURANCE

Workers' Compensation Appeals BoardSupershuttleClarendon National InsuranceCIGACalifornia Compensation Insurance Companyindustrial injuryupper backnecklow backcumulative trauma

References

Case No. VNO 0510561, VNO 0510562

Regular

JANIS RUSH vs. CALIFORNIA CORRECTIONAL INSTITUTION, STATE COMPENSATION INSURANCE FUND

References

Case No. SJO 0237342

Regular

LINDA ONTIVEROS vs. SAVERS STORES, ZURICH AMERICA INSURANCE

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJJudicial AuthorityOriginal JurisdictionLab. CodeCal. Code RegsSan Jose District OfficeAdministrative Law Judge

References

Case No. ADJ3719390 (STK 0211178)

Regular

IRIS GOMEZ vs. DOROTHY STEVENS, CSAA INTER INSURANCE BUREAU, TRISTAR RISK MANAGEMENT

The Petition for Reconsideration is denied based on the review of the record and the WCJ's report.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportdeny reconsiderationADJ3719390STK 0211178ApplicantDefendantsCSAA INTER INSURANCE BUREAUTRISTAR RISK MANAGEMENT

References

Case No. ADJ3515970 (SAL 0120597)

Regular

JOSE ALFREDO SABINO vs. JOHNSON PUMP COMPANY, INC., STATE COMPENSATION INSURANCE FUND

The Petition for Reconsideration is dismissed as the order to attend a medical evaluation is not final. Removal is denied due to lack of substantial prejudice or irreparable harm.

References

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