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

Case No. ADJ9602695
Regular
Sep 26, 2019

KELLY MULDROW vs. AMS OUTSOURCING/STAFFCHEX, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO, SEDGWICK CMS, SENBA USA, INC., MITSUI SUMITOMO

This case concerns applicant Kelly Muldrow's claim for psychiatric injury stemming from her employment. The primary dispute revolves around the applicability of Labor Code section 3208.3(d), which generally requires six months of employment for psychiatric injury claims. The Appeals Board rescinded the initial findings, remanding the case to the trial level for further proceedings. This is because the prior ruling improperly deferred the threshold issue of section 3208.3(d)'s applicability without fully adjudicating it.

Workers' Compensation Appeals BoardKelly MuldrowAMS OutsourcingStaffchexCalifornia Insurance Guarantee AssociationCIGAUllicoSedgwick CMSSenba USAMitsui Sumitomo
References
15
Case No. ADJ4153143, ADJ1964837 and ADJ1933860
Regular
Nov 05, 2010

JACK L. MARCUM vs. OUTSOURCE MANAGEMENT, INC. dba THE MANAGEMENT CONNECTION, SUPERIOR NATIONAL INSURANCE CO., now liquidation, administered by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, KLEEGE INDUSTRIES, INC. dba HANDS-ON EVENT LABOR SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained shoulder injuries in 1999 and 2000, with a compensation judge awarding 4% permanent disability. The California Insurance Guarantee Association (CIGA) is appealing a decision holding it liable, arguing the applicant was not employed by a company insured by Legion Insurance (now handled by CIGA) but rather by Kleege Industries, insured by SCIF. CIGA contended there was a general/special employment relationship and that SCIF's policy should cover the applicant. The Appeals Board granted reconsideration, affirmed the previous awards, and corrected a clerical error to accurately reflect Legion Insurance as the insurer for Outsource Management, Inc. during the relevant period.

California Insurance Guarantee AssociationLegion Insurance CompanyOutsource Management Inc.The Management ConnectionKleege Industries Inc.Hands-On Event Labor ServicesState Compensation Insurance Fundcumulative traumaright shoulder injurypermanent disability
References
1
Case No. MISSING
Regular Panel Decision

International Brotherhood of Teamsters v. Pan American World Airways, Inc.

The International Brotherhood of Teamsters (IBT) union sought a preliminary injunction against Pan American World Airways, Inc. (Pan Am) to compel adherence to seniority, furlough, and recall procedures for employees returning after a sympathy strike. The union argued Pan Am's actions constituted a major dispute under the Railway Labor Act (RLA) and were discriminatory. Pan Am countered that it was a minor dispute, justified by the collective bargaining agreement's Article 14 and management clause Article 39, which allowed for a gradual return to pre-strike positions. The court found it a minor dispute within the exclusive jurisdiction of the Adjustment Board, as Pan Am's contractual interpretation was deemed plausible. The motion for injunctive relief was denied, as lost wages did not constitute irreparable harm in this circuit, and the union's coercion/discrimination claims were also dismissed.

Railway Labor ActPreliminary InjunctionSeniority RightsFurloughRecall ProceduresMajor DisputeMinor DisputeCollective Bargaining AgreementContract InterpretationUnilateral Change
References
8
Case No. ADJ10454294
Regular
Oct 23, 2016

GILBERT ELLINGER vs. JAVO BEVERAGES, OASIS OUTSOURCING

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal due to due process concerns. The Board found that the Administrative Law Judge (ALJ) improperly denied the defendant's Petition to Quash a deposition notice without providing the defendant an opportunity to be heard. The ALJ's order was also procedurally flawed as it was not properly served and did not comply with WCAB rules for walk-through petitions. Consequently, the Board rescinded the ALJ's order and returned the matter for further proceedings and a new decision.

Petition for RemovalPetition to QuashDeposition NoticeIndustrial InjuryBack InjuryMaintenance WorkerWCJ OrderDue ProcessNotice and Opportunity to be HeardWalk-through Petition
References
8
Case No. ADJ8988577
Regular
Jan 03, 2015

GUILLERMINA AGUILAR vs. CERTIFIED CONCIERGE SERVICES/OASIS OUTSOURCING

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a trial setting order, finding it was not a final order. The WCAB also denied the defendant's petition for removal, finding no significant prejudice or irreparable harm from proceeding to trial on injury AOE/COE. However, the WCAB granted removal on its own motion to issue a notice of intent to sanction the defendant and defense counsel for filing a frivolous petition in bad faith, potentially imposing up to \$1,500 plus costs. The Board cited prior similar findings against the same defendant and counsel as a basis for the potential sanctions.

Petition for ReconsiderationPetition for RemovalAOE/COE trialmandatory settlement conferenceQualified Medical ExaminerQME panelnon-final ordersanctionsbad faith filingLabor Code Section 3600(a)(10)
References
1
Case No. ADJ3846659 (VNO0418631) ADJ4148234 (VNO0456818)
Regular
Jan 30, 2012

MICHELE SHELMAN vs. OUTSOURCING SOLUTIONS, INC.; CIGA For Reliance In Liquidation, Administered By SEDGWICK

The applicant's claim for vocational rehabilitation benefits was denied reconsideration. This is because Labor Code section 139.5, which authorized these benefits, was repealed effective December 31, 2008. The applicant's right to these benefits had not vested before the repeal, as the Rehabilitation Unit's decision was still subject to appeal. Consequently, the repeal extinguished the applicant's inchoate rights to vocational rehabilitation services.

Vocational rehabilitationLabor Code section 139.5Repeal of statuteVesting of rightsInchoate rightsFinal judgmentRehabilitation UnitWorkers' Compensation Appeals BoardReconsideration deniedBoganim
References
7
Case No. ADJ1384877 (LBO 0375979)
Regular
Jul 03, 2009

ANDREW GARCIA vs. OUTSOURCE FLEET SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior decision finding no discrimination under Labor Code section 132a and assessing sanctions. While the Board agreed sanctions were justified based on the applicant's frivolous 132a claim, they found the WCJ failed to rule on all issues, specifically the applicant's claim for an increased permanent disability award under section 4658.1. The matter was returned to the trial level for further proceedings and a new decision on the outstanding issues.

Labor Code 132aSanctionsFrivolous litigationDiscriminationReasonable accommodationReconsiderationFindings and AwardPermanent disabilityQualified Medical ExaminerAgreed Medical Examiner
References
9
Case No. SJO 0264281
Regular
Apr 07, 2008

JOSE LUIS VENEGAS vs. WALNUT INVESTMENT (AMS), TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded its prior award of temporary disability benefits to applicant Jose Luis Venegas. This action was taken because the parties submitted a proposed $30,000 compromise and release agreement while the case was pending reconsideration. The matter is now returned to the trial level for a workers' compensation judge to review and potentially approve the settlement.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityCompromise and ReleaseRescinded AwardTrial LevelWCJIndustrial InjuryDriver/LoaderTravelors Property Casualty
References
0
Case No. ADJ3376571 (VNO 0502169)
Regular
Aug 28, 2012

JOSE LUEVANOS vs. CPE STAFF INC., GUIMARRA VINEYARDS, AMS STAFFING LEASING; LIBERTY MUTUAL and STATE COMPENSATION INSURANCE FUND; CNA CLAIMS PLUS

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was filed **untimely**, exceeding the 20-day statutory limit plus 5 days for mailing. Additionally, the petition was deemed **inadequate** due to an unsigned verification, failing to meet the requirements of Labor Code section 5902. Therefore, the Board ordered the dismissal of the petition.

Petition for ReconsiderationUntimelyLien ClaimantFindings and OrdersLabor Code section 5903Code of Civil Procedure section 1013VerificationInadequateLabor Code section 5902Workers' Compensation Appeals Board
References
0
Case No. ADJ7995806
Significant
Jun 12, 2014

ROQUE NERI HERNANDEZ, Applicant vs. GENEVA STAFFING, INC. dba WORKFORCE OUTSOURCING, INC.; TOWER POINT NATIONAL INSURANCE COMPANY, administered by TOWER SELECT INSURANCE

The Appeals Board holds that Labor Code sections 4600(h), 4603.2(b)(1), and 5307.8 apply to all non-final cases, defines the requirements for a physician's prescription for home health care, and clarifies applicable fee schedules, rescinding the prior award and returning the matter for further proceedings.

en bancreconsiderationhome health careprescriptionSB 863Labor Code 4600(h)Labor Code 4603.2(b)(1)Labor Code 5307.8date of injurydate of service
References
19
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