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

Case No. ADJ7099563, ADJ7825176
Regular
Mar 07, 2014

MARIA GONZALEZ (WIDOW) vs. THE GAP, INC. dba BANANA REPUBLIC, AMERICAN ZURICH INSURANCE C/O SPECIALTY RISK

The Workers' Compensation Appeals Board affirmed a prior decision finding that the deceased employee did not sustain an industrial injury to his nervous, cardiac, or hypertension systems. Furthermore, his death was determined not to be industrially caused, and his widow's claim for death benefits was denied. The Board found that the defendant's timely denial of the employee's inter vivos claim precluded the need for a separate denial of the death benefit claim arising from the same alleged injury. The Board also concluded that the applicant failed to present substantial medical evidence demonstrating industrial causation for the alleged conditions or the resulting death.

Workers' Compensation Appeals BoardMiguel Angel GonzalezMaria GonzalezThe Gap Inc.Banana RepublicAmerican Zurich Insuranceindustrial injurynervous systemcardiac systemhypertension
References
Case No. ADJ2435600
Regular
Jun 22, 2011

MARIA JAIME vs. REMEDY TEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, INC., RELIANCE INSURANCE COMPANY, BASS TECH, INC., REPUBLIC INDEMNITY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Republic Indemnity Company's petition for reconsideration. Republic sought to overturn a decision that found its policy provided "other insurance" and relieved CIGA of liability for the applicant's 1999 spinal and extremity injuries. The Board found Republic failed to prove prejudice from CIGA's joinder, despite Republic's claims of record loss due to delay. Furthermore, the Board determined Republic's policy lacked specific exclusions for special employees and therefore provided coverage.

CIGARepublic IndemnityRemedy TempBrass TechReliance Insurancespecial employeegeneral employerspecial employerlachesprejudice
References
Case No. ADJ2148527 (MON 0299703)
Regular
Dec 05, 2008

RAMON RAMOS vs. MALCOLM DRILLING CO. INC., REPUBLIC INDEMNITY CO. OF AMERICA, STATE COMPENSATIONN INSURANCE FUND

This case concerns State Compensation Insurance Fund's (SCIF) challenge to an arbitrator's award of contribution to Republic Indemnity Company of America (Republic) for applicant Ramon Ramos' cumulative trauma injury. SCIF argued Republic lacked standing, the claim was time-barred, and SCIF's liability was improperly calculated. The Appeals Board granted reconsideration to adjust SCIF's contribution percentage, limiting SCIF's liability to its actual coverage period from January 24, 2001, through December 31, 2001.

Workers' Compensation Appeals BoardRepublic IndemnityState Compensation Insurance FundMalcolm Drilling CompanyRamon Ramoscumulative traumacontributionArbitrator's Findings and AwardPetition for Contributionstanding
References
Case No. ADJ329334 (OAK 0311178), ADJ2064025 (OAK 0318666)
Regular
Feb 22, 2013

Vilma Ruiz vs. Margaret O'Leary, California Insurance Guarantee Association, for Fremont Indemnity Company, Republic Indemnity Company

The California Workers' Compensation Appeals Board rescinded a prior award finding Republic Indemnity liable for applicant's cumulative injury. The Board ruled that the applicant's compromise and release agreement with Republic barred further claims against them, and that CIGA was not liable because other insurance (Republic) was available. The Board also determined that the applicant's specific injury claim caused no temporary disability, permanent disability, or need for future medical treatment. Consequently, the applicant was awarded no further benefits in either case.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationFremont Indemnity CompanyRepublic Indemnity Companycumulative injuryspecific injurycompromise and releaseinsolvent carriercovered claimsother insurance
References
Case No. ADJ8493192, ADJ8386046
Regular
Feb 05, 2016

HECTOR CAMPOS vs. CELL-CRETE CORPORATION, OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC., INFRASOURCE, OLD REPUBLIC INSURANCE COMPANY

This case involves applicant Hector Campos seeking reconsideration of a Findings and Award concerning cumulative injuries sustained while employed by Cell-Crete Corporation and Infrasource. The Workers' Compensation Judge (WCJ) found applicant sustained a curable injury at Cell-Crete but no injury at Infrasource. Applicant argued improper consolidation and need for further discovery, while Cell-Crete asserted a post-termination defense and challenged the WCJ's reliance on an Agreed Medical Evaluator's opinion. The Workers' Compensation Appeals Board (WCAB) reviewed the petitions and answers, ultimately adopting the WCJ's report and denying reconsideration, affirming the original Findings and Award.

Workers' Compensation Appeals BoardCell-Crete CorporationOld Republic General Insurance CorporationGallagher Bassett ServicesInc.InfrasourceOld Republic Insurance CompanyADJ8493192ADJ8386046Deputy Commissioner
References
Case No. ADJ10259451
Regular
Sep 10, 2019

LUIS SILVA vs. CITISTAFF SOLUTIONS, OLD REPUBLIC c/o GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. They amended the decision to reflect that Old Republic, not a different insurer, is the liable party for Luis Silva's injury. The Board also admitted Defendant's Exhibit E into evidence. Otherwise, the original decision awarding temporary disability, permanent disability, future medical treatment, and attorney's fees to Luis Silva was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportExhibit EOld RepublicGallagher Bassettgeneral laborerlumbar spineinternal injurytemporary disability indemnity
References
Case No. ADJ8721311
Regular
Mar 25, 2014

JOSE ANDRES GAYTON HERNANDEZ vs. AL PAK LABOR, OLD REPUBLIC, Administered by CANNON COCHRAN MANAGEMENT SERVICES, INC.

In this workers' compensation case, the applicant is Jose Andres Gayton Hernandez, and the defendants are AL PAK LABOR and Old Republic. A Petition for Removal was filed and subsequently withdrawn by the petitioner. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition. No further action will be taken on this matter.

Workers' Compensation Appeals BoardPetition for RemovalDismissedPetitionerApplicantDefendantAdministeredCannon Cochran Management ServicesOld RepublicAl Pak Labor
References
Case No. ADJ296202 (MON 0361418) ADJ4645901 (MON 0361419)
Regular
Apr 17, 2009

DERRICK ONYEMELUKWE vs. SYSTEMS SUPPLY STATIONERY, REPUBLIC INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) denied reconsideration in the case of Derrick Onyemulukwe v. Systems Supply Stationery; Republic Indemnity Company. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ) in its decision. The WCAB gave great weight to the WCJ's credibility findings. Therefore, the petition for reconsideration was denied.

DERRICK ONYEMELUKWESYSTEMS SUPPLY STATIONERYREPUBLIC INDEMNITY COMPANYADJ296202ADJ4645901ORDER DENYING RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDWCJ REPORTGARZA V. WORKERS' COMP. APPEALS BD.CREDIBILITY FINDING
References
Case No. ADJ2872928 (LBO 0355771) ADJ3784596 (LAO 0865396)
Regular
Aug 26, 2013

MARIA ROSALES vs. REPUBLIC MASTER CHEFS, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, involving applicant Maria Rosales and defendants Republic Master Chefs/State Compensation Insurance Fund, resulted in the dismissal of the applicant's Petition for Reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's Report and Recommendation. While the judge recommended denial, the Board's order is specifically to dismiss the petition. The dismissal was effective August 26, 2013.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRepublic Master ChefsState Compensation Insurance FundMaria RosalesADJ2872928ADJ3784596
References
Case No. SAL 107113, SJO 220636
Regular
Aug 10, 2007

BRIAN SAN NICOLAS vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE, SEDGWICK/CMS, CONTINENTAL CASUALTY, CNA

The Workers' Compensation Appeals Board affirmed an award for applicant's cumulative trauma injury to his back and psyche but rescinded the award of additional temporary disability in a prior specific injury case. This rescission was due to the Appeals Board lacking jurisdiction for benefits commencing more than five years after the initial injury date, as the applicant had not experienced a new and further disability within that timeframe. The case was remanded for adjustment of the cumulative trauma award and clarification on medical treatment administration by Old Republic Insurance.

Workers' Compensation Appeals BoardOld Republic InsuranceContinental CasualtyBrian San NicolasPepsi Bottling Groupcumulative traumaindustrial injurytemporary disability indemnitymedical treatmentLabor Code section 4656(c)(1)
References
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