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

Case No. ADJ1973175 (GRO 0030416)
Regular
Jun 22, 2011

MYRLE BOWLBY vs. NEW COATING PAINTING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding attorney fee allocation. Initially, the WCAB awarded $\$300.00$ in attorney fees to a lien claimant. Subsequently, applicant's attorneys reached an agreement on the division of a higher attorney fee award of $\$7,983.90$. The WCAB granted the petition for reconsideration to amend the original award and incorporate this agreed-upon allocation among the various attorneys involved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLien ClaimantAttorney FeesAllocationAdministrative Law JudgeWCJDecision After ReconsiderationApplicant's Attorneys
References
Case No. ADJ9464655
Regular
Dec 21, 2020

JOSE GARCIA vs. COUNTY OF ORANGE, PSI, YORK RISK SERVICES GROUP, INC.

This case involves a worker's compensation claim where the employer sought a third-party credit against the applicant's settlement. The Appeals Board amended the findings to attribute 5% of the fault to the applicant and 95% to the employer's employees. Despite the applicant's settlement of $26,000, the employer was denied credit because their 95% fault ($24,700) exceeded the applicant's net recovery ($17,500). The Board affirmed the WCJ's decision that the employer's contribution based on their fault exceeded the credit amount, thus preventing a credit for future benefits.

third-party creditcomparative negligenceemployer negligenceMartinez v. Associated EngineeringLabor Code section 3861settlementindustrial injuryWCJ credibilityproximate causeAssociated Construction & Engineering Co.
References
Case No. ADJ7900836
Regular
Jul 24, 2012

JUAN MONROY CURIEL vs. NEENAH ENTERPRISES, WAUSAU INSURANCE COMPANY

The defendant sought reconsideration of an order denying their petition to set aside a Compromise and Release agreement. The defendant argued the agreement contained a clerical error by not allocating funds for future medical care, thus violating Medicare Secondary Payer laws. The Board denied reconsideration, finding the defendant failed to demonstrate sufficient cause to set aside the agreement. The Board noted parties may file an addendum to allocate settlement proceeds for future Medicare-covered expenses due to bona fide disputes.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderClerical ErrorMedicare Secondary PayerFuture Medical CareAllocation of SettlementBona Fide Dispute
References
Case No. ADJ391084 (GOL 0102020) ADJ1292455 (GOL 0100312)
Regular
May 26, 2015

MICHAEL LOPEZ vs. ED & TED'S EXCELLENT LIGHTING, FIREMAN'S FUND INSURANCE COMPANY, REDWOOD FIRE & CASUALTY COMPANIES

This case involves two workers' compensation claims for applicant Michael Lopez against Ed & Ted's Excellent Lighting, insured by Redwood Fire & Casualty and Fireman's Fund Insurance Company. The Arbitrator found industrial injuries to Lopez's back and extremities and allocated partial liability to both insurers for the second injury period. Both insurers sought reconsideration, alleging clerical errors and disputes over liability allocation. The Workers' Compensation Appeals Board granted reconsideration to correct these clerical errors. The Board rescinded the original decision and returned the case to the Arbitrator for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderArbitratorIndustrial InjuryLumbar BackUpper ExtremitiesHerniaCumulative TraumaInsurance Company
References
Case No. ADJ7796275
Regular
Sep 01, 2015

MORTEN ANDERSEN vs. NEW ORLEANS SAINTS, Atlanta Falcons, New York Giants, Kansas City Chiefs, Minnesota Vikings

The Workers' Compensation Appeals Board (WCAB) affirmed California's subject matter jurisdiction over Morten Andersen's cumulative injury claim as a professional athlete, due to sufficient work performed in the state. However, the WCAB rescinded the prior finding that liability related back to the New Orleans Saints, Andersen's first employer. This was because Labor Code section 5500.5 mandates liability be allocated to employers during the year preceding the last date of injurious exposure, and the Saints did not employ Andersen during that period. The case was returned to the trial level to join subsequent employers and properly allocate liability under section 5500.5.

Workers' Compensation Appeals BoardSubject Matter JurisdictionIndustrial InjuryProfessional AthleteCumulative InjuryRelation Back DoctrineLabor Code Section 5500.5EmployersLiability AllocationInjurious Exposure
References
Case No. ADJ6551234; ADJ6553660; ADJ6551315; ADJ6551627; ADJ7427373
Regular
Sep 26, 2011

ALBERTO VASQUEZ vs. BARRY AVENUE PLATING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of an order approving a compromise and release agreement because the prior attorney's lien for services was not addressed. The Board rescinded the $\$ 13,500.00$ attorney's fee award to the applicant's current attorney. The matter is returned to the trial level to schedule a hearing to determine a reasonable allocation of attorney's fees between the prior and current attorneys. The Board affirmed all other aspects of the original compromise and release.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseAttorney's FeesLien ClaimantWCJAdministrative Law JudgeAllocationReasonable ValueLegal Services
References
Case No. ADJ11880536
Regular
Aug 01, 2025

SERGIO AVILA vs. ADVANCED CONSTRUCTION, BITCO/OLD REPUBLIC GENERAL INSURANCE CORP.

The initial Findings and Order (F&O) from May 8, 2025, granted a credit to defendant Advanced Construction (ACS) from a third-party settlement. Applicant Sergio Avila sought reconsideration, arguing the WCJ erred in calculating ACS's comparative negligence and the total value of his case. The Appeals Board found the F&O lacked definite findings and identified evidentiary gaps concerning the net recovery, the WCJ's reliance on experts, and proof of benefits paid by ACS. Consequently, the Appeals Board rescinded the F&O and remanded the case for further proceedings consistent with its opinion.

Labor Code section 3861Third-party settlement creditComparative negligenceEmployer negligenceApplicant negligenceTotal damagesNet recoveryAllocation of faultPetition for ReconsiderationFindings and Order
References
Case No. ADJ2678977 (VNO 0516619) ADJ2789939 (VNO 0516618)
Regular
Jul 26, 2017

THOMAS BELLISSIMO vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AIG

This case involves two insurers, Zurich and AIG, disputing liability for a worker's cumulative trauma injury. The Arbitrator initially set the liability period as July 4, 2004, to July 3, 2005, and apportioned fault based on days worked. Both insurers sought reconsideration, with AIG challenging the date of injury and allocation method, and Zurich arguing for apportionment based on exposure arduousness. The Board affirmed the Arbitrator's pro rata allocation based on days worked, but amended the liability period to June 28, 2004, to June 28, 2005, based on the last date of injurious exposure.

Labor Code section 5500.5cumulative trauma injuryliability periodapportionmentpro ratadate of injuryLabor Code section 5412disabilityinjurious exposuresuccessive employers
References
Case No. ADJ4430483 (SJO 0217023) ADJ3454827 (SJO 0226616)
Regular
Mar 10, 2011

JUAN L. ROMERO vs. ORLANDI TRAILER; CIGA by its servicing facility SEDGWICK CMS for LEGION INSURANCE in liquidation

The applicant, Juan L. Romero, sustained two industrial injuries. Defendant CIGA sought reconsideration of a prior order that allocated liability between these injuries and ordered reimbursement. CIGA later withdrew its petition for reconsideration after receiving clarification from the Workers' Compensation Arbitrator regarding its reimbursement entitlement. The Board vacated its previous order granting reconsideration and dismissed CIGA's petition.

CIGALegion Insurance in liquidationSedgwick CMSFindings and Orderreconsiderationliability allocationcumulative industrial injuryspecific industrial injuryreimbursementpre-liquidation benefits
References
Case No. ADJ801553 (MON 0249906) ADJ3661710 (MON 0267338)
Regular
May 13, 2014

CAROL ROSENBLUM vs. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, COUNTY OF LOS ANGELES

This case involves a dispute over attorney's fees where the applicant's former attorney sought reconsideration of an award. The prior attorney claimed the award did not adequately divide fees and failed to assign her any fees in one case. The Appeals Board granted reconsideration, rescinded the attorney fee awards, and returned the matter to the trial level. This action was taken to allow for a hearing to determine the proper allocation of fees among attorneys, particularly concerning liens and the work performed by each.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney FeesStipulations with Request for AwardPermanent DisabilityCumulative InjuryLien FilingAdministrative Law JudgeSubrogationAllocation of Fees
References
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