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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3716430
Regular
Mar 10, 2010

NORRIS M. MELLON vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND, CCPOA BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) reviewed an order directing parties to bankruptcy court regarding the dischargeability of a workers' compensation lien. The lien claimant argued the WCAB had exclusive jurisdiction and the applicant waived his right to challenge the lien. After granting removal on its own motion and receiving a report from the judge, the WCAB affirmed the original order. The WCAB's decision is that the parties must address the lien's dischargeability in bankruptcy court.

WCABPetition for ReconsiderationRemovalBankruptcy Court JurisdictionWorkers' Compensation LienExclusive JurisdictionDischarge in BankruptcyWCJ ReportAffirmationLegal Service Bureau
References
Case No. ADJ10037291
Regular
Apr 01, 2025

Adan Alvarez vs. Victor Manuel Martinez, Justine Marie Martinez

The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a decision that allowed applicant Adan Alvarez to pursue a workers' compensation claim against Victor Manuel Martinez and Justine Marie Martinez despite his failure to file a proof of claim in the employers' bankruptcy proceedings. UEBTF contended that Alvarez was required to file a proof of claim in a Chapter 7 asset bankruptcy. The Appeals Board denied UEBTF's petition, affirming its prior decision. The Board distinguished this case from previous rulings, concluding that an employee's failure to file a proof of claim in bankruptcy is not fatal to their workers' compensation claim if no award exists at the time of the bankruptcy discharge.

UEBTFbankruptcyproof of claimChapter 7 assetChapter 7 no assetdischarge injunctionLabor Code section 3716Ortiz v. Workers' Comp. Appeals Bd.Slali v. RuizWCJ
References
Case No. ADJ4182817
Regular
Oct 03, 2011

DANIEL LEE vs. NCRC, INC.

This case concerns an employee who filed a workers' compensation claim, including a discrimination claim under Labor Code section 132a, and later filed for bankruptcy. The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that it lacked jurisdiction to determine the employee's standing for the 132a claim pending a bankruptcy court ruling. The WCAB asserted its exclusive jurisdiction over 132a claims, stating that the employee's failure to separately list this claim as an exempt asset in bankruptcy does not divest the WCAB of jurisdiction. The case is remanded for a decision on the merits of the 132a claim.

Labor Code section 132abankruptcy estatestandingjurisdictiondiscriminationreinstatementlost wageswork benefitsindustrial injurytemporary total disability
References
Case No. ADJ3716430 (RDG 0120868)
Regular
Jan 28, 2010

NORRIS MELLON vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant seeking reconsideration of a judge's order directing parties to bankruptcy court. The Appeals Board dismissed the claimant's petition for reconsideration as untimely and moot. However, the Board removed the case on its own motion to obtain a report from the judge. This report is needed to clarify the basis for the judge's order and evidence of the lien claimant's notice of bankruptcy proceedings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationRemovalStipulated AwardPermanent DisabilityFuture Medical TreatmentDirection to PartiesBankruptcy CourtIndustrial Injury
References
Case No. ADJ2984143 (LBO 0340645) MF ADJ3946341 (LBO 0340644) ADJ896223 (LBO 0340643)
Regular
Jun 26, 2012

FERNANDO GUZMAN vs. ACU-AIR CARGO, LLC, PARSONS TRANSPORTATION, LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's decision that barred the applicant's claims due to the employer's bankruptcy. The Board clarified that a bankruptcy discharge injunction does not prevent a WCAB proceeding if the goal is to collect from a collateral source like the Uninsured Employers Benefits Trust Fund (UEF), not the discharged bankrupt employer personally. Relying on *In Re Munoz*, the Board held that a WCAB proceeding can continue to establish an award against the bankrupt employer, which is a necessary precursor for the UEF to pay. Therefore, the applicant may proceed with their claims before the WCAB, provided they stipulate they are not seeking personal recovery from the bankrupt employer.

UEFbankruptcy discharge injunctioncollateral sourcesubstantial shareholderLabor Code section 3717.1uninsured employerproof of claimautomatic staynondischargeable debtMunoz
References
Case No. ADJ7937462
Regular
Jan 10, 2014

ARNOLD MORENO vs. CENTRAL METAL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a Petition for Reconsideration in the case of *Arnold Moreno v. Central Metal, Inc.* The denial was based on the arbitrator's report, which the Board adopted. Additionally, the Board admonished the petitioner's counsel for attaching an unadmitted exhibit containing only selected pages from bankruptcy proceedings, violating WCAB Rule 10842. Therefore, the petition for reconsideration was formally denied.

WCABPetition for ReconsiderationDeniedArbitrator's ReportWCAB Rule 10842Bankruptcy ProceedingsAdmonishmentExhibit AdmissionOfficial Address RecordDavis Healthcare
References
Case No. ADJ3045197 (LAO 0818234)
Regular
Oct 07, 2011

DIOMEDES QUINONEZ vs. CHECKMATE STAFFING, INC., BUCKEYE CLAIMS, J.C. PENNEY, INC., AIG CLAIM SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEF) sought reconsideration of a prior award against Checkmate Staffing, arguing an automatic bankruptcy stay invalidated it. The Board denied the UEF's petition, finding it lacked jurisdiction to rescind an award over seven years old. California Labor Code Section 5804 strictly limits rescission or alteration of awards to five years post-injury. The Board emphasized that rescinding the award would contravene the legislative intent behind the UEF to protect workers injured by illegally uninsured employers.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationFindings and AwardBankruptcy Automatic StayLabor Code Section 5804Jurisdictional LimitationRescind AwardContinuing JurisdictionLegally Uninsured EmployerDate of Injury
References
Case No. ADJ13444464
Regular
Jul 03, 2025

LUIS ARNULFO BERMEO CUEVA vs. EMIL BENJAMIN ARAUJO GALVEZ, JOSE CARPIO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the applicant's attorney. The petition challenged a prior Findings and Order from February 24, 2015, which found no employment relationship between the deceased applicant, Luis Arnulfo Bermeo Cueva, and the alleged employers, King Auto Sales or Rex Auto Sales. The Board affirmed the trial judge's finding, applying the 'ABC' test for employment, concluding that the applicant was an independent contractor based on evidence he rented space, used his own tools, and exercised control over his work, and that mechanical work was outside the usual course of the hiring entities' business.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management SystemTransmission of CaseReport and RecommendationFindings and OrderEmploymentIndependent ContractorABC Test
References
Case No. ADJ10316246
Regular
Aug 03, 2016

SUSANA BERNAL vs. HAGGEN

The Workers' Compensation Appeals Board denied Susana Bernal's Petition for Removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The Board adopted the WCJ's report, finding reconsideration would be an adequate remedy and the petition for automatic reassignment was inapplicable to a priority conference. The applicant's request for disqualification of the WCJ was also deemed improper.

Workers' Compensation Appeals BoardPetition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAutomatic ReassignmentWCAB Rule 10453Disqualification of WCJPriority ConferenceDeclaration of Readiness
References
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