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Case Law Database

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

Case No. ADJ1486247 (OXN 0143747) ADJ4223931 (OXN 0141326)

Regular

May 09, 2012

JUAN JOSE GONZALEZ vs. J. M. SMUCKERS as Administered by SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., as administered by AIG DOMESTIC CLAIMS, INC.

This case concerns a petition for disqualification of Workers' Compensation Judge Morgan, filed by attorney M. Francesca Hannan. Hannan alleged that Judge Morgan and other judges conspired to dismiss her clients' liens and impose sanctions due to her medical issues causing delayed appearances. The Appeals Board denied the petition, finding the allegations unsubstantiated and the petition untimely. Hannan failed to provide specific facts or witness declarations to support her claims of bias.

Workers' Compensation Appeals Boarddisqualificationadministrative law judgelienssanctionsbiasimpartialitypetition for disqualificationmandatory settlement conferencelien claimant

References

Case No. ADJ8190027

Regular

May 23, 2013

DANIEL MORGAN vs. ALLISON SIERRA, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration and denied removal, finding it was improperly filed. The defendant sought reconsideration of an order changing venue, but the Board admonished their attorney for filing the wrong type of petition for a non-final order. The Board adopted the Administrative Law Judge's report, which recommended dismissal because the venue change order was not a final determination subject to reconsideration and removal was inappropriate. Furthermore, the defendant's objection to the venue change was untimely and lacked good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder Changing VenueBakersfield District OfficeFresno District OfficeApplicant ResidencePrinciple Place of BusinessAttorney SubstitutionTardy Objection

References

Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)

Regular

Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health

References

Case No. ADJ7730913, ADJ8640698, ADJ8233287, ADJ7881756, ADJ8438104, ADJ7467140, ADJ7467243, ADJ9068351, ADJ9081983

Regular

Dec 02, 2016

HOLLIS COPELAND, JR. vs. DENVER NUGGETS, PINNACOL ASSURANCE

This case involved multiple consolidated workers' compensation claims where the Board initially denied reconsideration of an order dismissing Pinnacol Assurance for lack of personal jurisdiction. The Appeals Board is now granting reconsideration on its own motion to correct clerical errors in its prior opinion. Specifically, the Board failed to list all nine adjudication file numbers and did not serve all affected applicants. The decision after reconsideration affirms the original denial of reconsideration but amends the opinion to include all case numbers.

Appeals BoardGranting ReconsiderationOn MotionDecision After ReconsiderationClerical ErrorsPersonal JurisdictionPinnacol AssuranceConsolidated CasesAdjudication File NumbersAffirm Opinion

References

Case No. ADJ8221321

Regular

Nov 09, 2020

ANTHONY PAUL MAGOULAS, PAUL MAGOULAS (deceased) vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT AND INDMENITY

The Workers' Compensation Appeals Board rescinded the original findings and returned the case to trial for further proceedings. The Board determined the death benefit claim was timely filed under Labor Code § 5406, even though it was erroneously filed under the decedent's inter vivos claim number. Additionally, the Board found that dependency is determined at the time of injury, not death, and the original finding of no dependent was legally inaccurate and unsupported by the record. Therefore, the WCAB remanded the case to address the dependency issue and potentially assign a separate adjudication number to the death claim.

WCABReconsiderationDeath ClaimStatute of LimitationsLabor Code Section 5406Inter Vivos ClaimDependencyLabor Code Section 3501Adjudication NumberLiberal Construction

References

Case No. ADJ2812382 [SRO0062290]

Regular

Sep 09, 2008

ROSE TIDWELL (MARTINEZ) vs. TACO BELL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By Its Servicing Facility, PRIVATE ADJUSTING CLAIMS SERVICES, HOME INSURANCE COMPANY

The Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal filed by California Insurance Guarantee Association. The WCJ's order denying dismissal was not final and thus not subject to reconsideration.

CIGAInsurance Guarantee Associationliquidationreconsiderationremovaladministrative law judgefinal ordersubstantive rightliabilityLabor Code

References

Case No. ADJ9345199 ADJ9343647

Regular

Apr 03, 2023

TERRY KIRKLAND vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

This case concerns applicant Terry Kirkland's shoulder injury claims against United Parcel Service. The Appeals Board granted reconsideration, vacating a prior award based on the finding that the prior medical expert's report was not substantial evidence due to his disbelief in the concept of cumulative injury. The Board ruled that the AME's report from a subsequent claim is admissible in these cases and that the prior stipulations should be set aside. The matter is returned to the WCJ for further proceedings to determine the issues of injury AOE/COE and new and further disability.

Petition for ReconsiderationFindings of Fact and OrdersSubstantial EvidenceIndustrial InjuryStipulations with Request for AwardPetition to ReopenAgreed Medical Examiner (AME)Qualified Medical Examiner (QME)Cumulative TraumaNon-Industrial

References

Case No. ADJ9332041

Regular

Mar 08, 2019

ANA VILLANUEVA vs. TEVA FOODS, TRAVELERS INSURANCE COMPANY

This case concerns whether lien claimant Firstline Health, Inc.'s lien should be subject to a stay under Labor Code section 4615 due to alleged control by criminally charged providers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's due process rights were violated. The WCAB rescinded the previous order and returned the case for further proceedings, specifically to allow Firstline an opportunity to rebut evidence of Dr. Uwaydah's de facto control. This decision emphasizes the need for fair hearing and timely notice before imposing a stay on a lien claimant's claim.

Workers' Compensation Appeals BoardLabor Code section 4615Labor Code section 139.21criminally charged providerslien claimantde facto ownershipde facto controlfraudulent documentsconspiracyinsurance fraud

References

Case No. ADJ9379743 ADJ9133071

Regular

Dec 10, 2018

SHERRY ARELLANES vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted Firstline Health's Petition for Reconsideration, rescinding the prior order that Firstline's liens were subject to a stay under Labor Code section 4615. The Board found the original decision improperly relied on criminal indictment allegations as evidence and lacked substantial evidence to prove Firstline was "controlled" by a criminally charged individual as defined by statute. Consequently, the cases are returned to the trial level for further proceedings to properly address the evidentiary basis for any potential stay.

Labor Code Section 4615Labor Code Section 139.21Lien ClaimantPetition for ReconsiderationJoint Findings of FactWorkers' Compensation Administrative Law Judge (WCJ)Criminal IndictmentDepartment of Industrial Relations (DIR)Electronic Adjudication Management System (EAMS)Dirt potential stay list

References

Case No. ADJ9686953 MF ADJ9686845

Regular

Sep 28, 2018

JOSE POOL vs. VOLT, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, 99 CENTS ONLY STORE

The Workers' Compensation Appeals Board granted Firstline Health, Inc.'s petition for reconsideration, rescinding a prior order that stayed Firstline's liens. The Board found insufficient evidence that Dr. Munir Uwaydah, a criminally charged provider, controlled Firstline as defined by Labor Code section 139.21. Evidence presented by Firstline indicated Dr. David Johnson was the sole owner, and no proof established Uwaydah as an officer, director, or 10% shareholder in Firstline. The case was returned to the trial level for further proceedings.

Labor Code section 4615Labor Code section 139.21Munir UwaydahFirstline HealthInc.controlled entityDIR listcriminally charged providerslien stayDepartment of Industrial Relations

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. ADJ1486247 (OXN 0143747) ADJ4223931 (OXN 0141326)

Regular

May 09, 2012

JUAN JOSE GONZALEZ vs. J. M. SMUCKERS as Administered by SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., as administered by AIG DOMESTIC CLAIMS, INC.

Workers' Compensation Appeals Boarddisqualificationadministrative law judgelienssanctionsbiasimpartialitypetition for disqualificationmandatory settlement conferencelien claimant

References

Case No. ADJ8190027

Regular

May 23, 2013

DANIEL MORGAN vs. ALLISON SIERRA, INC., ZURICH AMERICAN INSURANCE COMPANY

References

Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)

Regular

Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health

References

Case No. ADJ7730913, ADJ8640698, ADJ8233287, ADJ7881756, ADJ8438104, ADJ7467140, ADJ7467243, ADJ9068351, ADJ9081983

Regular

Dec 02, 2016

HOLLIS COPELAND, JR. vs. DENVER NUGGETS, PINNACOL ASSURANCE

Appeals BoardGranting ReconsiderationOn MotionDecision After ReconsiderationClerical ErrorsPersonal JurisdictionPinnacol AssuranceConsolidated CasesAdjudication File NumbersAffirm Opinion

References

Case No. ADJ8221321

Regular

Nov 09, 2020

ANTHONY PAUL MAGOULAS, PAUL MAGOULAS (deceased) vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT AND INDMENITY

WCABReconsiderationDeath ClaimStatute of LimitationsLabor Code Section 5406Inter Vivos ClaimDependencyLabor Code Section 3501Adjudication NumberLiberal Construction

References

Case No. ADJ2812382 [SRO0062290]

Regular

Sep 09, 2008

ROSE TIDWELL (MARTINEZ) vs. TACO BELL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By Its Servicing Facility, PRIVATE ADJUSTING CLAIMS SERVICES, HOME INSURANCE COMPANY

CIGAInsurance Guarantee Associationliquidationreconsiderationremovaladministrative law judgefinal ordersubstantive rightliabilityLabor Code

References

Case No. ADJ9345199 ADJ9343647

Regular

Apr 03, 2023

TERRY KIRKLAND vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

References

Case No. ADJ9332041

Regular

Mar 08, 2019

ANA VILLANUEVA vs. TEVA FOODS, TRAVELERS INSURANCE COMPANY

References

Case No. ADJ9379743 ADJ9133071

Regular

Dec 10, 2018

SHERRY ARELLANES vs. COUNTY OF RIVERSIDE

References

Case No. ADJ9686953 MF ADJ9686845

Regular

Sep 28, 2018

JOSE POOL vs. VOLT, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, 99 CENTS ONLY STORE

Labor Code section 4615Labor Code section 139.21Munir UwaydahFirstline HealthInc.controlled entityDIR listcriminally charged providerslien stayDepartment of Industrial Relations

References

Showing 1-10 of 441 results

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