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

Case No. ADJ1408452 (SFO 0441229) ADJ1613865 (SFO 0453060)
Regular

Deborah Blasco vs. Bank of the West, California Insurance Guarantee Association, Intercare Insurance Services

This case involves Deborah Blasco's workers' compensation claims against Bank of the West, with the California Insurance Guarantee Association involved. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Reconsideration filed in the matter. After reviewing the record and the judge's report, the WCAB has denied this petition. Therefore, the original decision or order stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenied ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportDeborah BlascoBank of the WestCalifornia Insurance Guarantee AssociationCIGAIntercare Insurance Services
References
Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
Case No. ADJ13571625
Regular
Apr 12, 2023

MARITZA CANALES vs. EAST WEST EYE INSTITUTE, INC., NOVA CASUALTY COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration by Nova Casualty Company, the insurer for East West Eye Institute, Inc., challenging a finding of joint employment. The applicant, Maritza Canales, worked as a nanny/housekeeper, receiving simultaneous payments from East West/Premier Practice Management (PPM) and an individual, Naomi Kurata. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the judge's report which found sufficient connection to East West/PPM to establish employment based on payroll and benefits provided. The judge also found Naomi Kurata credible, rejecting arguments of witness contradiction and mischaracterization of facts regarding overtime pay.

JOINT EMPLOYMENTALTER EGOEMPLOYMENT FOLLOWS PAYROLLCORPORATE ENTITIESRESIDENTIAL EMPLOYEEHOMEOWNER'S INSURANCEWITNESS CREDIBILITYCOMPENSATION JUDGEPETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARD
References
Case No. ADJ7167333; ADJ7167413
Regular
Mar 24, 2015

ROSA LOPEZ vs. SUPERIOR CENTER CONCEPTS, INC., CARE WEST and PEGASUS RISK MANAGEMENT, PATRIOT RISK SERVICES for CIGA

In this workers' compensation case, CIGA sought reconsideration of a decision finding it liable for a portion of medical treatment and legal expenses. CIGA argued that because Care West provided "other insurance," it should not be liable. However, the Board denied CIGA's petition, upholding the original findings. This decision was based on a prior stipulation between Ullico (whose claims CIGA now administers) and Care West, which contractually apportioned liability. The Board found that CIGA is bound by this pre-liquidation stipulation, which supersedes CIGA's statutory exclusion for claims covered by other insurance.

CIGAUllicoCare WestPatriot Risk ServicesPegasus Risk ManagementSuperior Center Concepts Inc.Rosa LopezPetition for ReconsiderationFindings and OrderCompromise and Release
References
Case No. ADJ234831 (VNO 0352113) ADJ2036496 (VNO 0359792)
Regular
Jan 11, 2010

SHARON ABBASI vs. PREMIER AMERICA FEDERAL CREDIT; AMERICAN CASUALTY BROADSPIRE BREA, HARTFORD SACRAMENTO

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board decision. The Board denied the applicant's petition, upholding the finding of a psychiatric industrial injury resulting from a 1996 bank robbery. The applicant contended the WCJ erred by not finding a non-psychiatric physical injury, specifically fibromyalgia, despite evidence suggesting it. However, the Board agreed with the WCJ that the medical evidence, particularly from Drs. Gillis and Bluestone, failed to objectively substantiate an industrially related fibromyalgia diagnosis.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Joint Findings and AwardIndustrial InjuryPsychePermanent DisabilityApportionmentBank TellerBank RobberyFibromyalgia
References
Case No. ADJ7560161
Regular
Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability
References
Case No. ADJ3284256 (MON 0333658)
Regular
Jul 02, 2014

GARY BANKS vs. WOLFE TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Gary Banks' Petition for Reconsideration as untimely. The petition was filed more than 25 days after the July 2, 2014 order, exceeding the statutory 20-day filing period plus 5 days for mailing. Even if timely, the WCAB would have denied the petition on its merits based on the administrative law judge's report. Therefore, the WCAB ordered the dismissal of the Petition for Reconsideration.

Petition for ReconsiderationUntimelyWCJ ReportLabor Code Section 5903WCAB Rule 10507Administrative Law JudgeDismissedWolfe TruckingState Compensation Insurance FundGary Banks
References
Case No. ADJ8570774
Regular
Jan 14, 2014

ARNO SAFARIAN vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSET SERVICES, INC.

This case involves Arno Safarian's workers' compensation claim against Bank of America, administered by Gallagher Bassett Services. The Workers' Compensation Appeals Board has denied Safarian's Petition for Reconsideration. The Board adopted the administrative law judge's report and reasoning, giving significant weight to the judge's credibility findings. Therefore, the petition for reconsideration was formally denied.

Petition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Van Nuys District OfficeBank of AmericaAce American Insurance CompanyGallagher Bassett Servicesworkers' compensation administrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
Case No. ADJ1529722
Regular
Apr 23, 2012

ALEXANDRA JAMISON vs. WELLS FARGO BANK, TRAVELERS INSURANCE

This case involves an applicant, Alexandra Jamison, and defendants Wells Fargo Bank and Travelers Insurance. The Workers' Compensation Appeals Board (WCAB) issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasons presented in the workers' compensation administrative law judge's report for their denial. Therefore, the applicant's petition for reconsideration was unsuccessful.

Workers' Compensation Appeals BoardAlexandra JamisonWells Fargo BankTravelers InsuranceADJ1529722LAO 0830997Order Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ
References
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