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

Case No. ADJ10983565
Regular
Aug 18, 2025

DERRYL THOMPSON vs. VICTORY OUTREACH CHINO, CHURCH MUTUAL INSURANCE CO., MISSION ACTS MINISTRIES, MECUM ACUTIONS, INC., ZURICH AMERICAN INS. CO.

Applicant Derryl Thompson claimed injury while working for alleged employers Victory Outreach Chino (general employer), Mission Acts Ministries (employer and personnel staffing agency), and Mecum Auctions, Inc. (special employer). Defendants Zurich American Insurance Company and Church Mutual Insurance Company sought reconsideration of the Findings and Order that established this dual employment relationship. The Appeals Board denied both petitions for reconsideration, affirming the WCJ's finding that the applicant was an employee and not a volunteer, and that Victory was a general employer while Mecum was a special employer, rejecting the defendants' arguments for exclusion under Labor Code sections 3352(a)(2) and (a)(9).

General employerSpecial employerVolunteer exclusionLabor Code 3352(a)(2)Labor Code 3352(a)(9)Aid or sustenanceRemunerationDual employmentStaffing agencyNon-profit status
References
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ9098975
Regular
May 16, 2025

SHELLY REESE vs. COUNTY OF KERN, KERN COUNTY SHERIFF, SHERIFF'S RESERVE ASSOCIATION, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Shelly Reese, a reserve deputy for the County of Kern, was injured during a motocross demonstration at the 2013 Stampede Days, an annual fundraising event for the Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to determine if Reese was an employee under the Workers' Compensation Act. The WCAB found that Reese established a presumption of employment due to receiving remuneration in the form of training and uniforms, therefore overriding the public agency volunteer exclusion. Concluding she was performing peace officer duties, the Board rescinded the prior finding of her as a professional athlete and reclassified her employment as a Peace Officer, Occupational Group Number 490.

Workers' Compensation Appeals BoardReconsiderationReserve DeputyStampede DaysMotocross DemonstrationProfessional AthletePeace OfficerLabor Code Sections 335133573352(a)(9)
References
Case No. ADJ9944340
Regular
Aug 02, 2018

MICHAEL NIELSEN vs. CITY OF SEBASTOPOL

This case involves a lien claimant, Associated Reproduction Services (ARS), seeking full payment for document copying services related to an injured worker's claim. ARS argues that Labor Code section 5307.9, which limits fees for services provided within 30 days of a request, does not apply because they did not subpoena records from the employer or insurer directly. The Appeals Board rescinded the previous order, finding that the fee schedule required by Section 5307.9 was not effective when the services were rendered. The matter is returned to the trial level to determine payment of the lien under Labor Code sections 4620 and 4622, considering the defendant's obligation to timely object to contested expenses.

Workers Compensation Appeals BoardCity of SebastopolMichael NielsenRedwood Empire Municipal Insurance FundLien ClaimantAssociated Reproduction ServicesInc.Labor Code Section 5307.9Fee ScheduleMedical-Legal Expenses
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ9271600
Regular
Oct 02, 2017

JESUS BARRERA vs. UMAMI RESTAURANT, LLC, BERKSHIRE HATHAWAY, HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed Jesus Barrera's petition for reconsideration because it was filed untimely. The WCJ's decision was personally served, triggering a strict 20-day filing deadline for reconsideration, not subject to mail service extensions. Barrera's representative had until August 8, 2017, to file, but the petition was received on August 9, 2017. As the deadline is jurisdictional, the WCAB lacked authority to consider the untimely petition.

Petition for ReconsiderationUntimely FilingPersonal Service20-Day LimitJurisdictionalWCABWCJLabor Code SectionsCalifornia Code of RegulationsOrder Dismissing Lien
References
Case No. ADJ6995425
Regular
Apr 27, 2012

SERGIO SANCHEZ vs. LIDA KOHANSAMEH, PACIFIC SPECIALTY INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior ruling finding the applicant an employee of Lida Kohansameh. While agreeing the applicant was not an employee of Pacific Great West Construction, the Board remanded the case for further proceedings. The trial judge must now determine if the applicant is excluded from workers' compensation coverage under Labor Code sections 3351(d) and 3352(h), specifically regarding residential or casual employment and hours worked. This decision avoids a final determination on employment status and focuses on potential statutory exclusions.

Workers' Compensation Appeals BoardLida KohansamehPacific Specialty InsuranceTristar Risk ManagementSergio SanchezFindings and OrderEmployee statusPacific Great West ConstructionReport and RecommendationPetition for Reconsideration
References
Case No. ADJ1033349 (SAL 0120702) ADJ4065704 (SAL 0120695)
Regular
Oct 26, 2000

PEDRO SANCHEZ vs. VALLEY PRIDE, INC.; VIRGINIA SURETY, administered by CAMBRIDGE INTEGRATED SERVICES

The WCAB dismissed the defendant's Petition for Reconsideration because there was no final order subject to reconsideration and denied the Petition for Removal because the defendant failed to establish significant prejudice or irreparable harm.

WCABPetition for ReconsiderationPetition for RemovalMPNchronic condition8CCR 9767.9(g)8CCR 9767.9(h)panel QMEfinal orderLabor Code section 5900
References
Case No. ADJ4667602
Regular
Nov 12, 2008

ROBERT ULEP vs. COUNTY OF SACRAMENTO

In this workers' compensation case, the Appeals Board is affirming an existing award but amending it to include previously stipulated terms in paragraphs 8 and 9. This amendment is being made after the Board issued a notice of intention to approve these stipulations, and no objections were filed. Consequently, the original award is now formally modified to incorporate these agreed-upon provisions.

Robert UlepCounty of SacramentoADJ4667602SAC 0368522Opinion and DecisionReconsiderationAwardStipulationsParagraphs 8 and 9Rescind
References
Case No. ADJ9546016
Regular
Sep 04, 2015

JAMES ISBORN vs. US TOOL GRINDING, INC., ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration of a prior June 9, 2015, Findings and Order. This grant is for further study of the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition must be filed with the WCAB Commissioners in San Francisco, not the district office or e-filed. Trial-level documents unrelated to the petition should continue to be filed as usual, but settlements require prompt notification of the WCAB.

IsbornUS Tool GrindingArgonaut InsuranceADJ9546016Petition for ReconsiderationFindings and OrderJune 9 2015statutory time constraintsfactual issueslegal issues
References
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