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

Case No. ADJ7271617
Regular
Aug 27, 2012

LEONARD KEY vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL CORPORATION

This case involves applicant Leonard Key seeking workers' compensation benefits for an injury sustained while teaching a music production course. The defendant, Los Angeles County Office of Education (LACOE), contended that Key was an independent contractor and not an employee. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding that Key was an employee, emphasizing LACOE's control over the means and manner of his work, despite an independent contractor agreement. Key lacked control over class schedules, room assignments, and was paid hourly, weighing against independent contractor status. Therefore, the WCAB found that LACOE failed to meet its burden to prove Key was an independent contractor.

Workers' Compensation Appeals BoardLeonard KeyLos Angeles County Office of EducationCorvel CorporationADJ7271617Opinion and Decision After ReconsiderationWCJemployee statusindependent contractordirection and control
References
Case No. ADJ11391724, ADJ11391757
Regular
Oct 03, 2019

PABLO LOPEZ DURAN vs. SOUTH HILLS ACADEMY, CHURCH MUTUAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, CRESCENT HOTELS & RESORTS, LLC, CHUBB INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This Workers' Compensation Appeals Board case involves applicant Pablo Lopez Duran and multiple defendants including South Hills Academy, Church Mutual Insurance Company, Security National Insurance Company, Crescent Hotels & Resorts, LLC, and Chubb Insurance Group. The Board granted a petition for reconsideration and affirmed a prior order regarding sanctions and costs. Specifically, Chubb Insurance Group, administered by Gallagher Bassett Services, Inc., was ordered to pay an additional $395 for attorneys' fees related to a petition for fees, less any credit for prior payments.

WORKERS' COMPENSATION APPEALS BOARDSOUTH HILLS ACADEMYCHURCH MUTUAL INSURANCE COMPANYSECURITY NATIONAL INSURANCE COMPANYAMTRUST NORTH AMERICACRESCENT HOTELS & RESORTSLLCCHUBB INSURANCE GROUPGALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ1491093 (MON 0109851) ADJ686324 (MON 0281527)
Regular
Oct 11, 2010

ANGELICA GABRIELLA vs. TAD TECHNICAL SERVICE CORP., LIBERTY MUTUAL 29073 GLENDALE

This case involves an applicant seeking reconsideration from the Workers' Compensation Appeals Board (WCAB) regarding their workers' compensation claim against TAD Technical Service Corp. and Liberty Mutual. The WCAB reviewed the applicant's petition and the findings of the workers' compensation administrative law judge. Finding no grounds for reversal, the WCAB denied the petition for reconsideration. The order adopts and incorporates the judge's reasoning, upholding the original decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportADJ1491093ADJ686324DENYING RECONSIDERATIONANGELICA GABRIELLATAD TECHNICAL SERVICE CORP.LIBERTY MUTUALRONNIE G. CAPLANE
References
Case No. ADJ11556777
Regular
Oct 02, 2020

LISANDRO LEMUS vs. SGL TECHNIC, LLC, SOMPO AMERICA

In this case, the Workers' Compensation Appeals Board (WCAB) dismissed Lisandro Lemus's Petition for Removal. The WCAB found the petition to be moot and incorporated the reasoning from the workers' compensation administrative law judge's report. Consequently, the petition was dismissed without prejudice.

Petition for RemovalWCJ reportmootWorkers' Compensation Appeals BoardDismissalLisandro LemusSGL TechnicSompo AmericaADJ11556777Los Angeles District Office
References
Case No. ADJ7693391
Regular
Jun 13, 2013

ANA RODRIGUEZ vs. AMERICAN APPAREL, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the dismissal of a lien for failure to pay the activation fee. The Board found the petitioner's representative's arguments, including claims of "technical difficulties," to be unsubstantiated and a misrepresentation. The Board also admonished the defendant for submitting unnecessary documents. Finally, the Board reiterated its lack of jurisdiction to rule on the constitutionality of statutory requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationHearing RepresentativeSanctionsLien Activation FeeEAMSConstitutionality of StatuteAdministrative AgenciesCourt of AppealsCalifornia Supreme Court
References
Case No. ADJ1535496 (VNO 0558277)
Regular
Feb 06, 2012

MARIA GUTIERREZ vs. OAKDALE HEIGHTS MANAGEMENT, WAUSAU INSURANCE COMPANY

Defendant petitioned for removal to object to an order setting trial, but later agreed to a Compromise and Release during trial. Defendant then withdrew its Petition for Removal, which the Board granted. The Board dismissed the petition without prejudice, allowing the WCJ to act on the C&R. If the C&R is rejected and trial is rescheduled, defendant may refile the petition.

Petition for RemovalCompromise and ReleaseWCJWorkers' Compensation Appeals BoardDismissalAdministrative Law JudgeApprovalRe-set for trialWithout prejudiceWausau Insurance Company
References
Case No. SFO 0494473
Regular
Apr 15, 2008

ROBERT HARRISON vs. ACADEMY OF ART COLLEGE, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior award because the Agreed Medical Evaluator's apportionment opinions lacked sufficient explanation regarding causation and calculation methodology. The Board remanded the case for further development of the medical record. The trial judge must then issue a new decision on permanent disability and apportionment after reviewing further medical evidence.

Workers' Compensation Appeals BoardRobert HarrisonAcademy of Art CollegeLiberty Mutual Insurance CompanyOpinion and Order Granting ReconsiderationFindings and AwardIndustrial InjuryShuttle VanRear-endedNeck Injury
References
Case No. ADJ351902 (OAK 310455) ADJ2725303 (OAK 324531)
Regular
Sep 30, 2008

PHILMORE KING vs. RANEY GEO TECHNICAL, ST. PAUL FIRE & MARINE INSURANCE COMPANY

The WCAB affirmed the WCJ's decision to apply the 1997 disability rating schedule because a treating physician's report indicated permanent disability before January 1, 2005, despite not stating the condition was permanent and stationary.

Workers' Compensation Appeals BoardPhilmore KingRaney Geo TechnicalSt. Paul Fire & Marine Insurance CompanyOpinion and Decision After ReconsiderationFindings Award & OrderWorkers' Compensation Administrative Law JudgeWCJIndustrial InjurySpine Injury
References
Case No. ADJ7298811
Regular
Dec 21, 2012

JONATHAN WYCINSKY vs. CITY OF CITRUS HEIGHTS, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC.

Here's a concise summary for a lawyer: Applicant, a police officer, sustained an industrial shoulder injury and was initially paid full salary under Labor Code § 4850. He later voluntarily resigned for financial reasons unrelated to his injury to accept a position with another city. The Board found that a voluntary, non-medical resignation terminates the employment relationship required for a § 4850 leave of absence. Therefore, the defendant is not liable for continued full salary payments post-resignation, despite the applicant remaining employed as a police officer elsewhere.

Labor Code section 4850police officervoluntary resignationnonmedical reasonsleave of absencefull salarytemporary disabilityindustrial injurytermination of employmentCity of Citrus Heights
References
Case No. ADJ8784998
Regular
Apr 09, 2018

FELIPE PEREZ vs. CMAC CONSTRUCTION COMPANY, OLD REPUBLIC GENERAL INSURANCE COPORATION

Lien claimants Comprehensive Outpatient Surgery Center and Technical Surgery Support sought reconsideration after their liens were dismissed for failing to appear at a lien conference. The WCAB granted reconsideration, rescinded the dismissal orders, and returned the matter for further proceedings. This decision stems from the lien claimants' contention that they had notified the WCAB of an illness preventing their representative's appearance. The WCAB found that the dismissal orders appeared to have been issued erroneously.

Workers' Compensation Appeals BoardLien DismissalPetition for ReconsiderationOrder RescindedLien ConferenceFailure to AppearIndustrial InjuryCompromise and ReleaseWCJ ErrorTrial Level
References
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