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Case Law Database

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

Case No. ADJ3430003 (AHM 0094014)
Regular
Sep 25, 2009

GORDON KENT vs. CONTROL COMPONENTS, INC.; ARROWOOD INDEMNITY COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case involves a dispute over contribution between two insurance carriers, Arrowood Indemnity Company and Old Republic Insurance Company, for a cumulative injury claim. Initially, the arbitrator correctly found Arrowood's petition for contribution untimely for the original award due to failure to file within the statutory one-year period. However, the Appeals Board granted reconsideration, recognizing that Arrowood timely filed its contribution petition within one year of a supplemental award approving a compromise and release agreement for new and further benefits. The Board amended the decision, allowing Arrowood to seek contribution from Old Republic solely for the $25,000 compromise and release settlement and remanding the matter for apportionment of liability.

Workers' Compensation Appeals BoardContributionReconsiderationLabor CodeCumulative InjuryCompromise and ReleaseSupplemental AwardNew and Further DisabilityArbitrationTimeliness
References
2
Case No. ADJ8024286, ADJ2761399
Regular
Apr 18, 2023

KENNETH CASE vs. UNION DODGE, INC., EVEREST NATIONAL INSURANCE COMPANY, ARROWOOD INDEMNITY COMPANY

The Workers' Compensation Appeals Board granted Arrowood Indemnity Company's petition for reconsideration, amending an arbitrator's decision. While the Board agreed with Arrowood that only one cumulative injury occurred, it found the liability period for this injury to be the year preceding February 4, 2004, based on the applicant's date of knowledge of disability. The Board affirmed the arbitrator's decision not to recuse himself, despite improper settlement disclosures by Everest. Arrowood may still argue apportionment to subsequent injuries in further proceedings.

ADJ8024286ADJ2761399Union DodgeInc.Arrowood Indemnity CompanyEverest National Insurance CompanyPetition for ReconsiderationCumulative InjuryLabor Code section 5500.5Labor Code section 5412
References
4
Case No. ADJ2704842 (VNO 0496917) ADJ3804892 (VNO 0496918)
Regular
Sep 12, 2014

AURELIO ROSALES vs. GIUMARRA VINEYARDS CORPORATION, ARROWOOD INDEMNITY COMPANY

This case involves a petition for reconsideration filed by Giumarra Vineyards Corporation and Arrowood Indemnity Company (Defendants) regarding an order in the workers' compensation claim of Aurelio Rosales. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not taken from a "final" order that determined substantive rights or liabilities. The WCAB also denied the petition for removal, finding no substantial prejudice or irreparable harm. Therefore, the petition for reconsideration was dismissed and removal was denied.

Petition for ReconsiderationRemovalFinal OrderInterlocutory DecisionSubstantive RightLiabilityWorkers' Compensation Appeals BoardGiumarra Vineyards CorporationArrowood Indemnity CompanyAurelio Rosales
References
10
Case No. ADJ3390481 (LBO 0329915), ADJ4485849 (LBO 0338530), ADJ4560133 (LBO 0338531)
Regular
Aug 20, 2018

GILDARDO PATINO vs. TERRA PAVE, INC.; ARROWOOD, INDEMNITY COMPANY; STATE, COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a Petition for Removal filed by Terra Pave, Inc. and Arrowood Indemnity Company. The Board adopted the Workers' Compensation Judge's reasoning, finding no substantial prejudice or irreparable harm that would justify this extraordinary remedy. They also noted that reconsideration would be an adequate remedy if a final decision proves adverse. Furthermore, the case is already set for trial, providing an opportunity to address the issues raised in the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationextraordinary remedysupplemental petitionCal. Code Regs. tit. 8 § 10848Cal. Code Regs. tit. 8 § 10843(a)
References
2
Case No. ADJ261234 (GOL 0093065) ADJ1281382 (GOL 0093064)
Regular
May 02, 2016

RITA ROBINSON vs. SANSUM SANTA BARBARA MEDICAL FOUNDATION CLINIC, DYNAMIC CLAIMS, Arrowpoint, GOLETA UNION SCHOOL DISTRICT

This case concerns an employer's (Sansum Santa Barbara Medical Foundation Clinic/Arrowood) petition for reconsideration of a prior award. The Appeals Board affirmed the award, which mandated right hip surgery and the provision of a Nurse Case Manager (NCM), finding Arrowood responsible for both. Arrowood's arguments regarding due process and utilization review were rejected, and the Board found that prior orders compelled NCM provision, which Arrowood had unilaterally ceased without sufficient medical evidence. The Board also admonished Arrowood's counsel for unprofessional conduct and misrepresentation of facts.

WCABReconsiderationNurse Case ManagerUtilization ReviewAgreed Medical ExaminerPrimary Treating PhysicianMedical Provider NetworkJoint and Several LiabilityMandatory Settlement ConferenceDeclaration of Readiness to Proceed
References
5
Case No. ADJ1351389 (SJO 0253295), ADJ7183596, ADJ7168611
Regular
Jun 17, 2019

DEBBIE CHADBURN vs. APPLIED MATERIALS, INC., XL SPECIALTY INSURANCE COMPANY, CORVEL, ARROWOOD INDEMNITY COMPANY

This case involves multiple industrial injuries sustained by the applicant, Debbie Chadburn, to her neck, upper extremities, and psyche. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the applicant's $100\%$ permanent disability award. The insurers, Arrowood and XL Specialty, contested the compensability of the psychiatric injury, arguing it stemmed from a consensual relationship with a treating physician unrelated to employment. The WCAB affirmed the permanent total disability award, finding the psychiatric injury caused by the physician's misconduct was a compensable consequence of the industrial injuries under *Hikida v. Workers' Comp. Appeals Bd.* The award was amended to reflect specific temporary disability rates and the calculation of attorney fees, with jurisdiction reserved for final adjustment.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityTemporary DisabilityPsychiatric InjuryCompensable ConsequenceSexual MisconductTreating PhysicianCumulative TraumaDate of Injury
References
1
Case No. ADJ1242171 (AHM 0094407)
Regular
Sep 29, 2014

RICHARD SHAWL vs. STEVE'S AUTOMOTIVE, ARROWOOD INDEMNITY

The Workers' Compensation Appeals Board reversed a finding that the defendant properly transferred the applicant's future medical care into its Medical Provider Network (MPN). The Board found that the defendant had previously stipulated to the applicant treating with a non-MPN physician, Dr. Rabinovich, and offered no good cause to set aside that stipulation. Because the stipulation authorized treatment outside the MPN, the defendant was liable for reasonable treatment provided by Dr. Rabinovich.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNprimary treating physicianstipulationreconsiderationindustrial injuryfuture medical treatmentpermanent disabilityapportionment
References
14
Case No. ADJ3289671 (VNO 0274648)
Regular
Nov 13, 2015

BARTON BUHTZ vs. SELECTIVE EMPLOYEES, ARROWOOD INDEMNITY COMPANY

The Appeals Board granted reconsideration of a prior award finding applicant sustained an industrial injury to his face and eyes and was entitled to cataract surgery. The Board found the defendant did not timely communicate its Utilization Review denial, rendering it invalid, but determined further medical evidence was needed to establish the surgery's industrial causation and medical necessity. The Board rescinded the original award and returned the matter for further proceedings to develop the record on these specific issues. A dissenting opinion argued the defendant waived the causation objection and that the treating physician's report constituted substantial medical evidence supporting the surgery.

Utilization ReviewExtracapsular cataract removalIntraocular lens prosthesisNewly discovered evidenceMedical treatmentCriminal recordPropria personaLabor Code section 4610(g)(3)(A)Bodam v. San Bernardino County Dept. of Social ServicesDubon v. World Restoration
References
3
Case No. ADJ1801230 (MON 0298983)
Regular

BARBARA JOBERG vs. ILLUMINATIONS, INC., ARROWOOD INDEMNITY CO.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of 100% permanent disability. The Board found the Administrative Law Judge erred by failing to adequately address apportionment of permanent disability to nonindustrial factors, despite medical evidence suggesting such apportionment. The vocational expert's testimony was questioned for not reviewing all relevant reports and lacking a written report without good cause. The case was remanded for further proceedings to develop the record on apportionment and the vocational expert's testimony.

ApportionmentPermanent DisabilityLabor Code Section 4663Agreed Medical EvaluatorVocational ExpertSubstantial EvidenceWCJWCABReconsiderationFindings and Award
References
15
Case No. ADJ576600 (VNO 0507700)
Regular
Nov 09, 2009

KAREN MAGILL vs. TUESDAY MORNING, ARROWOOD INDEMNITY COMPANY

The WCJ found industrial injury to applicant's right shoulder, neck, right upper extremity, and back, but not to other body parts. Applicant's petition for reconsideration is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryRight ShoulderNeckRight Upper ExtremityBackTemporary DisabilityPermanent Disability
References
0
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