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

Case No. ADJ7188251; ADJ7188272
Regular
Mar 08, 2013

Raymond Mark vs. City of Los Angeles

This case involves a petition by applicant Raymond Mark to resubmit or remove two workers' compensation cases, alleging the City of Los Angeles refused to fund an arbitrator. The Appeals Board dismissed the petition for three reasons: no arbitrator decision existed for review, the underlying claims were previously dismissed giving the Board no jurisdiction, and the Board lacks jurisdiction over disputes concerning the administration of the Alternative Dispute Resolution Agreement itself. The Board concluded that the applicant's recourse for funding disputes lies in collective bargaining, arbitration, or petitioning the Administrative Director to decertify the agreement.

Petition for ResubmissionADR CasesL.C. § 3201.7ADR ARB IVCity of Los AngelesFunding ArbitratorOpinion and Order Granting ReconsiderationDecision After ReconsiderationOrder of DismissalJurisdiction
References
Case No. SDO 0341777
Regular
Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board affirmed an arbitration award against A.O. Reed & Company, finding that the arbitrator had jurisdiction despite Reed not being a signatory to the collective bargaining agreement. Reed waived its objections by participating in the arbitration and discovery without protest, thus effectively agreeing to the process. The Board also found that Reed could have discovered its signatory status with reasonable diligence prior to the arbitration.

Workers' Compensation Appeals BoardArmando GallegosA.O. Reed & CompanySt. Paul Travelers InsuranceUniversal MechanicalAmerican Casualty CompanySpecialty Risk ServicesSDO 0341777Opinion and Decision After ReconsiderationArbitrator jurisdiction
References
Case No. ADJ10535087
Regular
Dec 20, 2016

BRIAN WALCZAK vs. SPRIG ELECTRIC COMPANY, SPARTA INSURANCE COMPANY, YORK RISK SERVICES GROUP, CUPERTINO ELECTRIC, ZURICH AMERICAN INSURANCE COMPANY, UNITED STATES FIDELITY & GUARANTY COMPANY, LWP CLAIMS SOLUTIONS

Zurich American Insurance Company petitioned to disqualify the arbitrator in a workers' compensation case, alleging bias due to prior rulings. The Board dismissed Zurich's petition without prejudice as premature. The Board found that a separate jurisdictional dispute concerning the arbitrator's authority over the contribution claim is already pending in another venue. Zurich can refile their disqualification petition after that jurisdictional issue is resolved.

Workers' Compensation Appeals BoardPetition for DisqualificationArbitrator BiasContribution DisputeCarve-out Arbitration AgreementCompromise & ReleaseJurisdictionDue ProcessWithout PrejudiceCumulative Injury
References
Case No. ADJ7231165
Regular
Jun 18, 2013

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

The Workers' Compensation Appeals Board (WCAB) granted Pinnacol Assurance's petitions for removal, finding the threshold issue to be whether the WCAB has personal jurisdiction over Pinnacol. The WCAB rescinded the WCJ's order compelling arbitration of coverage issues. All seven cases are returned to the trial level for a determination of personal jurisdiction over Pinnacol. Further proceedings will depend on the outcome of that jurisdictional decision.

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance
References
Case No. ADJ9136267
Regular
Aug 05, 2016

JERRY LEDGER III vs. STEVE DOVALI CONSTRUCTION, BARRY HALAJIAN DBA INDUSTRIAL ELECTRIC COMPANY, GRANITE STATE INSURANCE, BENCHMARK INSURANCE

In this workers' compensation case, the Appeals Board granted removal, rescinded a prior order staying Superior Court actions, and affirmed an order for mandatory arbitration. The Board found that coverage disputes arising from an insurer's claim of policy cancellation fall exclusively within the WCAB's jurisdiction, as resolution is necessary for applicant benefits. While the WCAB has exclusive jurisdiction over these disputes, it lacked the authority to stay the separate Superior Court actions, which is a power reserved for higher courts. Therefore, the parties must proceed to arbitration, and the Superior Court actions are not stayed by the WCAB.

Workers' Compensation Appeals BoardPetition for RemovalMandatory ArbitrationSuperior Court ActionPolicy CancellationDeclaratory ReliefConcurrent JurisdictionExclusive JurisdictionCoverage DisputeConstitutional Courts
References
Case No. ADJ7953076
Regular
Feb 27, 2017

JAMES JAMISON vs. MICHAEL WEPPLO, INNOVATIVE BUSINESS PARTNERS, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) affirmed a judge's order denying arbitration on insurance coverage, as the prior superior court ruling established the WCAB's exclusive jurisdiction. The WCAB found the judge's order was an interim procedural step, not a final order, thus not subject to reconsideration. Defendant's admission of coverage also negated the need for arbitration on that issue. The case was returned to the trial level for a mandatory settlement conference to address remaining employment issues.

WCABPetition for ReconsiderationInsurance Coverage DisputeMandatory ArbitrationLabor Code Section 3706Evidentiary HearingEmployment StatusFinal OrderInterlocutory OrderJurisdiction
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. ADJ11706407
Regular
Apr 15, 2025

Matthew Hatchette vs. Oakland Raiders, TIG/Fairmont Premier Insurance Company, Jacksonville Jaguars, ACE American Insurance Company, New York Jets, USF&G, Chubb, Pacific Employers Insurance

This case concerns Matthew Hatchette, a former professional football player, and his claims of continuous trauma injuries against multiple NFL teams and their insurers. Defendant Jacksonville Jaguars filed a Petition for Reconsideration challenging the Workers' Compensation Administrative Law Judge's (WCJ) findings regarding jurisdiction and the applicability of res judicata. The Workers' Compensation Appeals Board (WCAB) granted the petition to conduct a thorough review of the factual and legal issues, thereby deferring a final decision on the merits. The Board's decision also addressed the timeliness of the petition under the recently amended Labor Code section 5909.

Workers' Compensation Appeals BoardMatthew HatchetteOakland RaidersJacksonville JaguarsNew York JetsTIG/Fairmont Premier Insurance CompanyChubbUSF&GGallagher Bassett ServicesZenith Insurance Company
References
Case No. ADJ8147593
Regular
Dec 16, 2019

BETZAIDA MENDEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a fee dispute. The Board found that an express contract, including an arbitration clause, existed between the lien claimant and the defendant for medical services. Pursuant to Labor Code Section 5304, the Board lacks jurisdiction to resolve fee disputes arising from such express agreements. Therefore, the petition was denied, affirming the WCJ's finding of an arbitrable contract.

Lien claimantPPO Contractfee disputearbitration provisionexpress agreementWCAB jurisdictionSection 5304medical treatment disputescontract interpretationexclusive jurisdiction
References
Case No. ADJ18315308
Regular
May 09, 2025

CURTIS MADDEN III vs. SEATTLE SEAHAWKS, VIVIAN EBERLE

The Workers' Compensation Appeals Board (WCAB) affirmed the decision that California has subject matter jurisdiction over Curtis Madden III's industrial injury claim against the Seattle Seahawks. The jurisdiction was established because Madden accepted a verbal offer of employment in California, creating a valid contract for hire under state law. The WCAB ruled that the claim is not preempted by federal labor law as its resolution does not require interpreting the Collective Bargaining Agreement. Minor amendments were made to the factual findings to clarify that injury was 'claimed' rather than 'sustained' and to conform the listed body parts.

WCABjurisdictioncollective bargaining agreementNFLNFLPALMRApreemptioncontract of hireprofessional athletesubject matter jurisdiction
References
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