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

Case No. ADJ9284444
Regular
Feb 11, 2018

MACARIA DIAZ vs. VPS COMPANIES, INC., NATIONAL CUSTOM PACKING, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a Petition for Removal filed by the applicant. The petition was a response to an order continuing a mandatory settlement conference. Because the settlement conference proceeded as scheduled on December 16, 2015, the Petition for Removal is now moot. Accordingly, the Workers' Compensation Appeals Board has ordered the dismissal of the Petition for Removal.

Petition for RemovalMandatory Settlement ConferenceDismissedMootWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ9284444VPS COMPANIESINC.NATIONAL CUSTOM PACKING
References
Case No. ADJ7495216 ADJ7495729 ADJ7497171
Regular
Sep 11, 2013

FRANK ALLEN vs. ATLAS TRANSFER AND STORAGE COMPANY, REDWOOD FIRE & CASUALTY INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

Defendants sought reconsideration of an award finding Frank Allen an employee entitled to temporary disability and medical treatment. They argued Allen was an independent contractor, and that temporary disability should be limited to 104 weeks due to insufficient evidence of chronic lung disease. The Appeals Board granted reconsideration, amended the temporary disability finding, and affirmed the award otherwise, returning the case to the trial level.

WORKERS' COMPENSATION APPEALS BOARDATLAS TRANSFER AND STORAGE COMPANYREDWOOD FIRE & CASUALTY INSURANCESTAR INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESMEADOWBROOK INSURANCE GROUPFRANK ALLENPetition for ReconsiderationFirst Amended Joint Findings of FactAward & Orders
References
Case No. ADJ3987000 (POM 0290737)
Regular
Feb 09, 2011

ROBERTO DOUMER vs. REYNOLDS BUICK GMC, EVEREST NATIONAL INSURANCE COMPANY, Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTECARE for HIH AMERICA INSURANCE COMPANY, In Liquidation, STATE COMPENSATION INSURANCE FUND and SENTRY CLAIMS SERVICES

This case involves an applicant, Roberto Doumer, against multiple defendants, including Reynolds Buick GMC and various insurance entities. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a prior decision. The Board adopted and incorporated the arbitrator's report in its reasoning for denial. Therefore, the applicant's petition for reconsideration has been formally rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportDenial of ReconsiderationRoberto DoumerReynolds Buick GMCEverest National Insurance CompanyBerkshire Hathaway Homestate CompaniesCalifornia Insurance Guarantee AssociationHIH America Insurance Company
References
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
Case No. ADJ8816011
Regular
Oct 08, 2020

NORMAN MARTELL vs. DALTON TRUCKING, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Appeals Board granted reconsideration on defendant's petition regarding the date of cumulative trauma injury. The WCJ previously found applicant sustained a back injury but not a psychological injury. Defendant argued the WCJ erred by relying on an outdated medical report and that the claim is time-barred. The Board rescinded the prior award and returned the case to the trial level for further proceedings and a new decision specifically on the date of cumulative trauma injury. The Board expressed no final opinion on substantive issues, allowing for further reconsideration after a new decision.

Workers' Compensation Appeals BoardNorman MartellDalton Trucking Inc.Redwood Fire and Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesADJ8816011Opinion and Decision After ReconsiderationFindings and AwardWorkers' Compensation JudgeWCJ
References
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
Case No. ADJ1441841 (POM 0301138) (MF), ADJ4486822 (POM 0301139), ADJ2562913 (POM 0302016), ADJ3620272 (POM 0301137)
Regular
Sep 14, 2022

CATARINO MARTIN vs. J&L RV REPAIR, EMPLOYERS COMPENSATION INSURANCE COMPANY, OAK RIVER INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a Joint Findings and Award. Subsequently, the parties submitted a Compromise and Release agreement, leaving applicant's future medical treatment open. As the WCAB cannot approve settlements while a case is pending reconsideration, it rescinded the prior award and remanded the matter to the WCJ. The WCJ is now tasked with considering the settlement and conducting further proceedings as necessary. This action does not rule on the merits of the reconsideration petitions; if the settlement is not approved, the prior decision can be reinstated.

WCABReconsiderationCompromise and ReleaseRescindRemandWCJJoint Findings and AwardMedical TreatmentSettlementAdjudication Numbers
References
Case No. ADJ9972070; ADJ7005764
Regular
Feb 13, 2023

RAMIRO GAMBOA MORENO vs. AMERICAN SUNROOF CORP., OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

A lien claimant, Beatriz Campos Interpreting, petitioned for reconsideration after the WCJ disallowed their lien and found no compensable injury. The parties subsequently entered into a stipulation to settle the $7,665 outstanding balance for $1,500. The Workers' Compensation Appeals Board (WCAB) rescinded the original decision and approved the settlement stipulation. The WCAB commended the parties for resolving the matter through good faith negotiations.

WCABLien ClaimantReconsiderationJoint Findings of Fact and OrdersReasonable and Actually Provided ServicesInterpreter ServicesStipulationSettlement ConferenceRescindedApproved
References
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