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Case Law Database

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

Case No. SDO 0341777
Regular
Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board affirmed an arbitration award against A.O. Reed & Company, finding that the arbitrator had jurisdiction despite Reed not being a signatory to the collective bargaining agreement. Reed waived its objections by participating in the arbitration and discovery without protest, thus effectively agreeing to the process. The Board also found that Reed could have discovered its signatory status with reasonable diligence prior to the arbitration.

Workers' Compensation Appeals BoardArmando GallegosA.O. Reed & CompanySt. Paul Travelers InsuranceUniversal MechanicalAmerican Casualty CompanySpecialty Risk ServicesSDO 0341777Opinion and Decision After ReconsiderationArbitrator jurisdiction
References
Case No. ADJ9854457
Regular
Jun 29, 2018

MARIO YBARRA vs. REED'S INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns CIGA's petition for reconsideration of an arbitrator's decision finding it liable for applicant Mario Ybarra's workers' compensation benefits. The core issue is whether an endorsement excluding coverage for leased employees on a Travelers policy issued to Reed's Inc. was valid. The Board granted reconsideration, rescinding the arbitrator's decision and finding the Travelers policy provided coverage. The Board determined the exclusion endorsement was invalid because it was not countersigned as required by the regulation in effect at the time the policy was issued, and the amendment to the regulation was not retroactive.

CIGAReed's Inc.Travelers Property Casualty Company of Americaleased employeescountersignatureRule 2259retroactiveLabor Code Section 3602(d)endorsement WC 04 03 17special employer
References
Case No. ADJ17378619
Regular
Mar 24, 2025

NAOMI RIVERS vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CORPORATION

The applicant, Naomi Rivers, sought reconsideration of a Findings, Award, and Order (FA&O) from December 23, 2024, which found an injury to her left leg but no permanent disability based on a Qualified Medical Evaluator's (QME) report. The applicant contended that the QME, Dr. Anthony Fenison, failed to adequately account for her current medical condition and relied on outdated information by not reviewing updated medical records from Dr. James Rho. The Appeals Board granted the petition for reconsideration, rescinded the original FA&O, and substituted it with an order deferring permanent disability, apportionment, and attorney's fees pending further development of the record. This includes a reevaluation of the applicant by Dr. Fenison, incorporating all updated medical records.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)Substantial Medical EvidencePermanent DisabilityApportionmentFuture Medical TreatmentComplex Regional Pain Syndrome (CRPS)NeuropathyNerve Conduction Study (NCV/EMG)
References
Case No. ADJ608253 (ANA 0404124)
Regular
Mar 09, 2009

JAIME O. HERNANDEZ vs. ADVANTAGE GROUND TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board has granted the defendant's petition for reconsideration in the case of Jaime O. Hernandez versus Advantage Ground Transportation and State Compensation Insurance Fund. This decision allows the Board more time to thoroughly review the factual and legal issues presented. The reconsideration is necessary to ensure a complete understanding of the record for a just and reasoned final decision. Pending further proceedings, all communications should be directed to the Board's P.O. Box in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdvantage Ground TransportationState Compensation Insurance FundStatutory time constraintsFactual and legal issuesDecision After ReconsiderationFurther proceedingsService by mail
References
Case No. ADJ10765144
Regular
Aug 07, 2019

CARLOS CHAVEZ vs. CAM CONSTRUCTION PARTNERS INC., CYPRESS INSURANCE COMPANY C/O BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the WCJ's May 7, 2019 Findings and Order lacked a factual basis in the admitted evidence. The Board rescinded the F&O and returned the case for further proceedings due to the absence of admitted evidence supporting the order for an additional neurological QME panel. The Board deemed the removal petition timely despite unclear service of the F&O to ensure substantial justice.

Petition for RemovalQualified Medical EvaluatorNeurologyOrthopedicsFindings and OrderService of ProcessTimelinessIrreparable HarmSubstantial EvidenceWorkers' Compensation Appeals Board
References
Case No. ADJ9433946
Regular
Feb 19, 2015

ELLEN REED vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL CENTER, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

In *Reed v. State of California, CDCR California Correctional Center*, the applicant, Ellen Reed, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The Board believes reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all filings must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemRedding District Office
References
Case No. ADJ7601705
Regular
May 23, 2011

DAVID CHRISTOPOULOS vs. BIG O TIRES, SEQUOIA INSURANCE COMPANY

In this workers' compensation case, the applicant, David Christopoulos, filed a petition seeking disqualification of the workers' compensation administrative law judge (WCJ). The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. Finding no grounds for disqualification based on the provided record and the WCJ's reasoning, the Board issued an order denying the petition. Therefore, the WCJ remains on the case.

ChristopoulosBig O TiresSequoia InsuranceBroadspireCrawford CompanyADJ7601705Petition for DisqualificationWorkers' Compensation Appeals BoardWCJDenying Disqualification
References
Case No. ADJ6767164
Regular
Oct 27, 2010

JOSE ESPINO vs. T&O MASONRY, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Espino's Petition for Reconsideration in Case No. ADJ6767164. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's (WCJ) Report and Recommendation. Additionally, the petitioner was admonished for violating WCAB Rule 10848 by submitting an unauthorized reply.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissed PetitionWCAB Rule 10848Reply to AnswerAdministrative Law JudgeJose EspinoT&O MasonryInc.
References
Case No. ADJ3303329 (MON 0363353) ADJ6697361
Regular
Oct 21, 2010

RAMIRO O. VELASQUEZ vs. MOONLIGHT MOLDS, CYPRESS INSURANCE COMPANY, BROOKSHIRE HATHAWAY HOME STATE COMPANIES

The Workers' Compensation Appeals Board rescinded a prior award, returning the case for further proceedings. The original award found the applicant suffered an industrial injury resulting in 64% permanent disability and the need for further medical treatment, including a rebuttal of the future earning capacity component. The defendant challenged the permanent disability rating, arguing the judge improperly applied the Ogilvie standard for assessing diminished future earning capacity. The Board found the applicant's testimony alone insufficient to rebut the scheduled factor, necessitating development of the record on earning capacity.

Workers' Compensation Appeals BoardMoonlight MoldsCypress Insurance CompanyRamiro O. Velasquezsandblasterlaborerindustrial injurylow backfuture earning capacitypermanent disability
References
Case No. ADJ1508875
Regular
Sep 16, 2019

DERRELL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY OF CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involved applicant Derrell Feldman and multiple defendants. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but increased the applicant's attorney fees to $10,432.80. Additionally, the award for permanent disability indemnity was adjusted, and the attorney fees were ordered payable directly to the applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWCJ's reportSeabright Insurance CompanyPermanent disability indemnityLabor Code Section 4658(d)Attorney feesADJ1508875Critchfield Mechanical
References
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