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

Case No. ADJ11900759
Regular
Oct 20, 2025

Luis Hernandez vs. Cesar Chavez Foundation, Berkshire Hathaway Homestate Insurance Company

The Workers' Compensation Appeals Board denied defendant Berkshire Hathaway Homestate Insurance Company's petition for reconsideration. The defendant challenged an earlier decision that found a contested claim existed when cost petitioner DocCentral provided subpoena services. The Board affirmed its previous finding, clarifying that a claim becomes contested upon an employer's delay notice, thus allowing discovery. The Board rejected the defendant's argument that a denial was required for a contested claim, citing prior en banc decisions to support its position on discovery during delay periods.

Contested claimLabor Code § 4620(b)8 CCR § 9793(b)Petition for ReconsiderationOpinion and Order DenyingDocCentralsubpoena servicesdelay noticemedical-legal expenseAdjudication of Claim
References
6
Case No. ADJ14218571
Regular
Oct 10, 2025

CARLOS ARTURO HERNANDEZ vs. JACOBELLISSAUSAGE COMPANY, INC.; OAK RIVER INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted the cost petitioner's Petition for Reconsideration. The Board affirmed the WCJ's Findings and Order, but amended it to require defendants Jacobellis Sausage Company, Inc. and Oak River Insurance Company to pay interest and penalties on medical-legal charges until the full amount is paid. The original F&O by WCJ Woo ordered payment with interest and penalties only up to May 30, 2024, which the Board deemed erroneous, as a contested claim was found to exist at the time of the medical-legal evaluation despite the claim's acceptance.

WCABPetition for ReconsiderationFindings and OrderCost PetitionerArbi Mirzaians D.C.PenaltiesInterestMedical-Legal ExpensesContested ClaimLabor Code
References
20
Case No. ADJ7753735
Regular
Oct 23, 2015

JOSE VALENCIA vs. AL'S GARDEN ART, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, ARGONAUT INSURANCE COMPANY, US RISK MANAGEMENT CLAIMS-XL INSURANCE

This case involves Cypress Insurance Company's (BHHC) petition for contribution against Argonaut Insurance Company regarding applicant Jose Valencia's cumulative injury claim. The arbitrator initially denied BHHC's petition, finding insufficient evidence of cumulative injury AOE/COE. BHHC sought reconsideration, arguing issues regarding Argonaut's defense and the sufficiency of medical evidence. The Appeals Board granted reconsideration to amend the findings to include previously omitted BHHC exhibits, but otherwise affirmed the arbitrator's decision. The Board adopted the arbitrator's report which noted issues with the PQME reports and gaps in medical documentation, ultimately upholding the denial of contribution.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for ContributionCumulative InjuryAOE/COELabor Code 3208.1Labor Code 5500.5Labor Code 5412Qualified Medical ExaminerPQME
References
0
Case No. ADJ16007451
Regular
Aug 25, 2025

MINA RADJABI vs. CENTURY COMMUNITIES, INC./INSPIRE HOME LOAN; BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The applicant, Mina Radjabi, alleged a cumulative trauma injury to multiple body parts from July 2019 to February 2022 while employed by Century Communities, Inc./Inspire Home Loan. The case initially settled by Compromise and Release in March 2023, with the defendant maintaining a denial of injury AOE/COE. A lien claimant, Woodland Psyche Center, represented by PureMD Group Lomita, filed a petition for reconsideration after its lien for treatment was denied by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ denied the lien because Woodland Psyche Center failed to prove injury arising out of and in the course of employment (AOE/COE) and its medical reports did not comply with regulatory requirements for proving a contested claim. The Appeals Board, after reviewing the petition and the WCJ's report, adopted the WCJ's findings and denied the petition for reconsideration, concluding that the lien claimant did not establish causation or due process violations, and that the treatment provided was outside the employer's Medical Provider Network.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909TimelinessTransmission Date60-Day RuleNotice of TransmissionElectronic Adjudication Management System (EAMS)Report and RecommendationLien Claimant
References
10
Case No. ADJ4718986 (POM 0280167) ADJ2367642 (POM 0280166)
Regular
May 17, 2011

SEVERIANO GUZMAN vs. HANSON TRUSS, INC., ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, CENTRE INSURANCE COMPANY, VIRGINIA SURETY COMPANY, INC., LUMBERMAN'S UNDERWRITING ALLIANCE, TRAVELERS PROPERTY CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES For REDWOOD FIRE AND CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision which denied Allianz Global Risks U.S. Insurance Company's petition for contribution and set the date of injury as January 21, 1997. The Board found the arbitrator failed to comply with procedural rules regarding record keeping and evidence admission. Therefore, the case was returned to the arbitrator for further proceedings to create a proper record and reanalyze the issues consistent with relevant case law. The reanalysis must specifically consider whether compensable disability existed prior to the employee missing work, per *Rodarte*.

Workers' Compensation Appeals BoardReconsiderationArbitrator's DecisionPetition for ContributionDate of InjuryLabor Code Section 5412Cumulative InjuryLiability PeriodLabor Code Section 5500.5Admitted Evidence
References
4
Case No. ADJ2135528 (VNO 0550980)
Regular
May 22, 2015

NUREN KARTAL vs. THREE HANDS CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a petition for reconsideration filed by the defendants, Three Hands Corporation and Oak River Insurance Company. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. This dismissal is based on the WCJ's report, which found the petition moot because the WCJ issued a corrected award superseding the original one. Therefore, the WCAB adopted the WCJ's reasoning and dismissed the reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportmootSecond Amended Supplemental FindingsFirst Amended Joint FindingsApplicantDefendantInsurance CompanyAdministrative Law Judge
References
0
Case No. ADJ7555362, ADJ7555361
Regular
Nov 12, 2014

GABINO ESTRELLA vs. COVERT IRON WORKS, CYPRESS INSURANCE COMPANY, Administered by Berkshire Hathaway Homestate Companies

This case involves lien claimants seeking reconsideration of an order disallowing their liens. The Workers' Compensation Judge (WCJ) found the lien claimants failed to meet statutory requirements for payment and did not demonstrate the necessity of services for the industrial injury. The settlement agreements presented by the lien claimants were not enforceable against defendant Cypress Insurance Company as they explicitly named other entities for payment and did not show privity with Cypress. Therefore, the Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's decision.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationJoint Findings and OrderLabor Code section 4903.8Compromise and ReleaseOrder Approving Compromise and ReleaseSettlement AgreementsPrivityIndustrial Injury
References
0
Case No. ADJ7636299, ADJ7826980
Regular
Apr 08, 2013

AVELINA RUBY CEDENO LOPEZ vs. NORTH HILLS RETIREMENT HOTEL, OAK RIVER INSURANCE COMPANY, c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This Workers' Compensation Appeals Board case, involving Avelina Ruby Cedeno Lopez as Applicant and North Hills Retirement Hotel and Oak River Insurance Company as Defendants, resulted in the dismissal of a Petition for Reconsideration. The Board adopted the administrative law judge's report, finding the petition was untimely filed. Specifically, the lien claimant failed to file within the required 20 days plus 5 days for mailing. Consequently, the petition was dismissed as a procedural defect.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ Report and RecommendationLabor Code Section 5903Code of Civil Procedure Section 1013Lien ClaimantDismissalAdministrative Law JudgeADJ7636299
References
0
Case No. ADJ2003074 (SFO 0486401) (ADJ3727915 - CONSOLIDATED
Regular
Apr 05, 2010

ALEXANDRA MONTEITH vs. EDWARD LITTLEJOHN, M.D., TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, BERKSHIRE HATHAWAY HOMESTATE COMPANIES (BHHC)

The Workers' Compensation Appeals Board (WCAB) dismissed TIG Specialty Insurance Company's petition for reconsideration because it sought to appeal a non-final order. The WCAB also denied TIG's petition for removal, adopting the WCJ's reasoning that TIG failed to demonstrate substantial prejudice or irreparable injury. This decision confirms that appeals can only be made from final orders that determine substantive rights and liabilities. The WCAB found TIG's argument regarding a non-party's interference with the settlement was not properly before them due to the non-final nature of the appealed order.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseVacating OrderAdministrative Law JudgeNon-party InterferenceCalifornia Insurance Guarantee Association (CIGA)PrejudiceFinal Order
References
5
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
4
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