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Case Law Database

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

Case No. ADJ7232719
Regular
Mar 03, 2014

FERMIN ELIAS vs. CLARK EDWIN CLIFFORD COOPER dba BRIDGECOURT CONSTRUCTION, GEORGE COOPER, JEFFREY BOXER, ALLSTATE INSURANCE, THE DIRECTOR OF INDUSTRIAL RELATIONS as administrator of the UNINSURED EMPLOYERS BENETIS TRUST FUND, SEDGWICK

The Workers' Compensation Appeals Board denied Allstate Insurance's petition for reconsideration and dismissed the Uninsured Employers Benefits Trust Fund's petition. The Board adopted the WCJ's reasoning, which found the applicant to be an employee of Jeffrey Boxer, not an independent contractor. This conclusion was based on Labor Code section 2750.5 and evidence demonstrating that George Cooper, who hired the applicant, was not the licensed contractor, and that Clark Cooper, the actual license holder, had no direct dealings with Boxer.

WCABPetition for ReconsiderationWCJUninsured Employers Benefits Trust FundAllstate InsuranceLabor Code section 2750.5rebuttable presumptionemployee statuscontractor's licenseestoppel
References
Case No. ADJ132220 (SAL 0092874)
Regular
Mar 21, 2014

JOHN RAMIREZ vs. AMIRA MEDICAL, INC.; ACE USA, administered by ESIS

This case involves a petition for reconsideration filed by applicant John Ramirez. The Workers' Compensation Appeals Board granted reconsideration and amended the prior decision. Specifically, it deleted Finding of Fact 11 and amended Findings 5, 9, and 10, clarifying temporary disability dates and attorney fees. The award was also amended to reflect permanent total disability and the attorney's fee structure, with further orders for commutation calculations.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeAMIRA MEDICALINC.ACE USAESISPermanent Disability AwardTemporary Disability
References
Case No. ADJ7910523, ADJ5810903
Regular
Jan 18, 2013

TERRY SANTA MARIA vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration of its prior decision concerning Terry Santa Maria's claims against East Bay Municipal Utility District. The Board affirmed the original decision but amended it to clarify that the disability became medically permanent and stationary on July 18, 2006. The amended decision specifically outlines the calculation and payment of permanent disability indemnity for two case numbers, including weekly rates, duration, and attorney's fees. This amendment provides a more precise award for the applicant's permanent disability.

Workers' Compensation Appeals BoardReconsiderationMedically Permanent and StationaryPermanent Disability IndemnityAward AmendmentAttorney's Fee CommutationADJ7910523ADJ5810903East Bay Municipal Utility DistrictAthens Administrators
References
Case No. ADJ7601705
Regular
May 23, 2011

DAVID CHRISTOPOULOS vs. BIG O TIRES, SEQUOIA INSURANCE COMPANY

In this workers' compensation case, the applicant, David Christopoulos, filed a petition seeking disqualification of the workers' compensation administrative law judge (WCJ). The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. Finding no grounds for disqualification based on the provided record and the WCJ's reasoning, the Board issued an order denying the petition. Therefore, the WCJ remains on the case.

ChristopoulosBig O TiresSequoia InsuranceBroadspireCrawford CompanyADJ7601705Petition for DisqualificationWorkers' Compensation Appeals BoardWCJDenying Disqualification
References
Case No. ADJ8875197
Regular
Mar 03, 2017

ALAYNE ANNE BRAND vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal filed on December 21, 2016, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The applicant's subsequent petition for removal, filed on January 4, 2017, seeking disqualification of the WCJ, was dismissed upon the applicant's attorney's withdrawal of that petition. The WCAB adopted the WCJ's report and reasoning in its decisions. The applicant also failed to comply with statutory requirements for removal requests.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyLabor Code section 5311Appeals Board Rule 10452notice of withdrawal
References
Case No. ADJ4700532
Regular
Nov 23, 2009

RICHARD DENNY vs. PINKERTON; ACE

Reconsideration granted; WCJ decision affirmed except for rescission of paragraphs (a) and (b) of the Award in favor of Boxer Law Firm and amendments to Findings 6, 7, 10, 11 and paragraphs (a) and (b) of the Award in favor of applicant.

Workers' Compensation Appeals BoardRichard DennyPinkertonACEFindings and AwardVocational Rehabilitation Maintenance AllowanceVRMATemporary DisabilityTDLabor Code section 5814
References
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