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

Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
Case No. AHM 106897 AHM 106895 AHM 108789
Regular
Feb 05, 2008

VERONICA ORTIZ vs. DOWNEY AREA RECYCLING TRANSFER, CIGA by INTERCARE INSURANCE SERVICES for SUPERIOR NATIONAL, in liquidation, STATE COMPENSATION INSURANCE FUND

This case concerns State Compensation Insurance Fund's (SCIF) challenge to an arbitrator's decision granting contribution rights to CIGA. The arbitrator awarded CIGA $43,418.27 in contribution, which SCIF disputes based on incorrect facts and law. The Workers' Compensation Appeals Board rescinded the arbitrator's decision, remanding the matter for findings on injury and common body parts to determine contribution entitlement.

Workers' Compensation Appeals BoardCIGASCIFContributionReconsiderationArbitrator's FindingsCompromise and ReleaseThomas findingAOE/COEPost-termination defense
References
Case No. ADJ10850096 ADJ10851592
Regular
Oct 25, 2018

MARIA FLORINA PADRON DE HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision concerning Maria Padron de Hernandez's workers' compensation claim. The arbitrator had found a specific back injury, awarded temporary disability, denied future medical treatment, and imposed sanctions. The WCAB rescinded the arbitrator's decision, returning the matter for further proceedings. This action was based on the finding that the parties' Alternative Dispute Resolution (ADR) agreement stipulated arbitration under American Arbitration Association rules, which were not provided nor followed. Consequently, it could not be determined if the arbitration proceeded according to the agreed-upon rules, thus potentially violating due process.

Workers Compensation Appeals BoardAlternative Dispute ResolutionLabor Code section 3201.7Arbitrator's Findings and AwardCosts and SanctionsContinuing InjuryTemporary DisabilityOverpaymentFuture Medical TreatmentReconsideration
References
Case No. ADJ1246616 (BAK 0106371) ADJ3243674 (BAK 0120076) ADJ3688132 (BAK 0119854)
Regular
Apr 13, 2009

JENNY LUND-MAVITY, JENNY LUND vs. NESTLE ICE CREAM COMPANY/CARNATION, AMERICAN MOTORIST/KEMPER, NESTLE FOODS, NESTLE USA Inc.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings due to a procedural defect. The arbitrator failed to issue a decision within the 30-day timeframe mandated by Labor Code section 5277, which invalidates the submission. Consequently, the arbitrator's findings are vacated, the arbitrator's fee is forfeited, and the case is returned for new arbitration proceedings.

Workers' Compensation Appeals BoardReconsiderationArbitrator's Findings of FactReimbursementTemporary DisabilityLabor Code Section 5277ForfeitureVacatedSubmission OrderArbitration Proceedings
References
Case No. ADJ2570637 (SDO 0241398) ADJ3916811 (SDO 0342504)
Regular
Aug 24, 2009

CAROL ANN MCDONNELL, CAROL ANN PONCE vs. VAN CAN COMPANY, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

Zenith Insurance Company sought reconsideration of an arbitration decision that denied its contribution claim against State Compensation Insurance Fund. Zenith argued the arbitrator erred by not finding cumulative injuries and that subsequent employment aggravated the applicant's permanent disabilities. The arbitrator recommended reconsideration, acknowledging evidence of cumulative trauma but finding the initial analysis inadequate regarding dates and causation percentages. The Appeals Board granted Zenith's petition, rescinded the original decision, and remanded the case for further proceedings on the cumulative trauma issue to determine liability sharing between insurers.

Cumulative traumaContribution claimZenith Insurance CompanyState Compensation Insurance FundWorkers' Compensation Appeals BoardPetition for ReconsiderationArbitration DecisionFindings and OrderIndustrial injuryMedical evidence
References
Case No. ADJ8093887 ADJ8093923
Regular
Sep 11, 2019

RITO HERNANDEZ vs. DEBBIE ERICKSON, PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a dispute over reimbursement between insurance companies for a cumulative trauma workers' compensation injury. The Workers' Compensation Appeals Board rescinded the arbitrator's prior decision because it lacked required factual findings and a clear summary of evidence. The Board remanded the case for further proceedings, emphasizing the need to establish the applicant's date of injury under Labor Code section 5412 and contribution rights under section 5500.5. Key issues for the arbitrator to address include when the applicant gained knowledge of the work-relatedness of their disability and the proper allocation of liability among insurers.

Cumulative traumaDate of injuryLabor Code section 5412Knowledge of injuryDisabilitySubstantial evidenceArbitrationContributionLabor Code section 5500.5De minimus
References
Case No. ADJ2548586 (VNO0557073)
Regular
Apr 03, 2025

MELANIE SANCHEZ vs. MIANO'S FOOD CORPORATION, HARTFORD INSURANCE COMPANY OF THE MIDWEST, TRAVELERS CASUALTY & SURETY CO.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings concerning the date of injury and liability under Labor Code section 5500.5, specifically due to an incomplete arbitration record. Despite a Notice of Intention to rescind and an extended deadline for submitting missing documents, the required transcripts and pleadings were not filed. Emphasizing the importance of due process and a complete evidentiary record for meaningful review, the Appeals Board rescinded the arbitrator's decision and returned the matter for further proceedings, allowing any aggrieved party to seek reconsideration of a new decision.

Labor Code 5500.5ContributionReimbursementStatute of LimitationsArbitrator's DecisionReconsiderationRescindedIncomplete RecordDue ProcessSubstantial Justice
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ758263 (VNO 0361187)
Regular
Feb 27, 2012

JOHN SCHAUFUS vs. SHIRLEY BROTHERS, INC., LIBERTY MUTUAL INSURANCE CO., FERRANTE CONSTRUCTION, GOLDEN EAGLE INSURANCE CORPORATION, STATE COMPENSATION INSURANCE FUND

The State Compensation Insurance Fund (SCIF) petitioned for reconsideration of an arbitrator's decision enforcing a prior award of contribution. SCIF argued that Liberty Mutual, acting in dual capacities as an insurer and successor, should have filed a separate contribution petition within one year of the applicant's Compromise and Release (C&R) approval. The arbitrator found the prior decision to be res judicata, determining SCIF's 41.79% liability for benefits paid outside the C&R, thus rendering a new contribution petition unnecessary. The Workers' Compensation Appeals Board adopted the arbitrator's report and denied SCIF's petition for reconsideration.

Workers Compensation Appeals BoardShirley Brothers Inc.Liberty Mutual Insurance Co.Ferrante ConstructionGolden Eagle Insurance CorporationState Compensation Insurance FundSCIFPetition for ReconsiderationArbitrator's ReportFindings and Award
References
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