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Case Law Database

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

Case No. ADJ9641921, ADJ9640385
Regular
Mar 29, 2016

PAZ CORRALES vs. KIMPTON HOTEL AND RESTAURANT GROUP dba KHRG GOLETA, LLC, FEDERAL INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the Order Approving Compromise and Release (OACR) due to a problematic Addendum "A". Applicant contends Addendum "A" incorrectly settled their right to future attorney's fees and contains conflicting, unenforceable provisions regarding future claims and confidentiality. The Board found potential jurisdictional issues and inconsistencies with the law, returning the case for an evidentiary hearing to determine if the C&R should be set aside.

Petition for ReconsiderationCompromise and ReleaseAddendum ALabor Code section 5710attorney's feesrescinded OACRevidentiary hearingmistake inadvertence excusable neglectunenforceable provisionsconfidential provision
References
Case No. ADJ8606673
Regular
Nov 07, 2025

Terence Chrisman vs. AC Transit, Athens Administrators

Applicant Terence Chrisman sought disqualification of a Workers' Compensation Administrative Law Judge (WCJ) alleging prejudice. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the WCJ's Report and Recommendation, which advised denying the disqualification. Citing various Labor Code sections, Code of Civil Procedure sections, and WCAB rules, the Board found the petition failed to establish a factual basis for bias or prejudice and was potentially untimely. The WCAB clarified that judicial opinions based on evidence or official duties do not constitute bias. Consequently, the Board denied the petition for disqualification.

Petition for DisqualificationWCJBiasPrejudiceLabor Code 5311Code of Civil Procedure 641Unqualified OpinionEnmityAffidavitDeclaration
References
Case No. ADJ15681350; ADJ14443327
Regular
Mar 24, 2025

JOHNNY RAGASA vs. WASTE MANAGEMENT OF ALAMEDA COUNTY, INC.; ACE AMERICAN INSURANCE COMPANY

Applicant Johnny Ragasa, employed as a mechanic by Waste Management of Alameda County, Inc., sustained industrial injuries to his bilateral knees. A Workers' Compensation Administrative Law Judge (WCJ) issued Findings and Award, prompting Defendant Ace American Insurance to file a Petition for Reconsideration, alleging the QME's report was not substantial medical evidence. The Appeals Board granted the Petition for Reconsideration but deferred a final decision, opting for further review of the merits and the complete record.

Petition for ReconsiderationQualified Medical Evaluator (QME)substantial medical evidencebilateral kneestemporary total disabilitycumulative traumaarising out of and in the course of employment (AOE/COE)workers' compensation administrative law judge (WCJ)Employment Development Department (EDD)section 5909
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. ADJ8290334
Regular
May 23, 2016

MARTHA GALVEZ vs. HEY BABY OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the lien claimant's petition for removal, rescinding a WCJ's order that continued a lien trial to obtain documents from the anti-fraud unit regarding a potential Labor Code section 4615 stay. The Board found that with the Department of Industrial Relations now publishing relevant documents online, discovery should be reopened for the parties to review these materials. This action aims to resolve the section 4615 issue efficiently and obviate the need for the WCJ's direct involvement with the anti-fraud unit. If a dispute persists after reviewing the online documents, parties can seek a new hearing.

Workers' Compensation Appeals BoardPetition for RemovalAnti-Fraud UnitLabor Code Section 4615Due ProcessWCJDepartment of Industrial RelationsLien ClaimantStay of LienIndicted Provider
References
Case No. ADJ5807181 MF, ADJ9508374, ADJ7425454
Regular
Sep 24, 2014

Belinda Butler vs. Main Event Limousines, State Compensation Insurance Fund, Monterey-Salinas Transit

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, finding the judge's ruling on a single cumulative injury was unsupported by substantial evidence and contrary to stipulations and medical opinions. The Board remanded the cases, directing the judge to separately determine issues related to potentially two cumulative injuries and to properly consider apportionment of permanent disability based on medical evidence. The judge must also revisit the applicant's average weekly earnings and the admissibility of a previously admitted attorney letter.

Workers' Compensation Appeals BoardCumulative InjurySpine InjuryPsyche InjuryTotal Permanent DisabilityApportionmentAverage Weekly EarningsPetition for ReconsiderationDecision After ReconsiderationAgreed Medical Evaluator
References
Case No. ADJ2719991 (VNO 0485134) ADJ1334047 (VNO 0428744)
Regular
Aug 20, 2009

Catalina Barajas vs. WELLPOINT HEALTH NETWORK, INC., ZURICH LOS ANGELES

This case involves an applicant who initially sustained a cumulative trauma injury to her upper extremities during a period covered by one insurer. After returning to work with modified duties, she experienced a recurrence and worsening of symptoms, necessitating further treatment and surgery, which the Board now recognizes as a separate cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior finding of a single cumulative trauma injury. The Board held that distinct periods of compensable temporary or permanent disability, as established by medical evidence and treatment, demarcate separate cumulative trauma injuries, aligning with the *Rodarte* precedent. Consequently, the applicant was found to have sustained two separate cumulative trauma injuries, each attributed to different insurance coverage periods.

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities
References
Case No. ADJ7110663
Regular
May 09, 2016

WILLIAM BO MATTHEWS vs. SAN DIEGO CHARGERS, ZENITH INSURANCE COMPANY, NEW YORK GIANTS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, DENVER GOLD, THE NORTH RIVER INSURANCE COMPANY

This case involves a petition for reconsideration of an arbitrator's decision regarding workers' compensation liability for a professional football player's cumulative trauma injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified the arbitrator's award, finding the applicant sustained two separate cumulative trauma injuries due to distinct periods of employment exposure. Consequently, the WCAB ruled that the petitioner, Insurance Company of North America/ACE USA (ESIS), is not liable for contribution to another insurer, The North River Insurance Company (NRIC), which had mistakenly paid a portion of a settlement. The Board affirmed the finding of two injuries, citing a significant break in employment as creating separate compensable periods, but rescinded the award to NRIC, holding NRIC should recover nothing from ESIS.

WCABPetition for ReconsiderationArbitration DecisionContributionCumulative InjuryProfessional Football PlayerInsurance Company of North America/ACE USAZenith Insurance CompanyThe North River Insurance CompanyLabor Code Section 5500.5
References
Case No. ADJ513626
Regular
Mar 27, 2017

ROBERT GRAVLIN vs. CITY OF VISTA

The Workers' Compensation Appeals Board granted reconsideration and found two separate cumulative injuries: one to the heart/hypertension and another to the skin cancer. The Board rescinded the original award of a single $74\%$ permanent disability rating. Separate dates of injury were established for each condition, supporting individual permanent disability awards. The prior $10\%$ penalty for late payment was also rescinded, as the defendant's liability for permanent disability was uncertain.

cumulative traumaheart injuryskin cancermultiple disabilitiesdate of injurysection 5412section 3208.2anti-merger doctrineOtt v. City of AnaheimAetna Casualty and Surety Co. v. Workers' Comp. Appeals Bd. (Coltharp)
References
Case No. ADJ4258158 (OXN 0128983) ADJ4450153 (OXN 0136267)
Regular
Jun 01, 2010

BRENDA K. ROACH vs. BRIDAL TRADITIONS, CALIFORNIA INDEMNITY INSURANCE COMPANY, PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves California Indemnity Insurance Company (CIIC) seeking reconsideration of a Workers' Compensation Arbitrator's decision. CIIC disputes the finding of a single cumulative trauma injury period and the assigned date of injury, arguing for a longer exposure period. The Appeals Board granted reconsideration and amended the prior findings to establish one cumulative trauma injury from March 5, 1999, through November 24, 2002. The original decision regarding CIIC's contribution claim against Preferred Employers Insurance Company was otherwise affirmed.

Cumulative traumaDate of injuryLabor Code section 5412Labor Code section 5500.5Petition for ContributionReconsiderationFindings and OrderCompromise and ReleaseAnti-merger statutesApportionment
References
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