Updated Daily

Case Law Database

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

Case No. ADJ2088268 (MON0341079)

Regular

Dec 07, 2012

ERNESTINA MORALES (Deceased), MARIO R. CHAVARRIA, DEATH WITHOUT DEPENDENTS UNIT vs. SHEILA HARTMAN, ALLSTATE INSURANCE CO., SHEILA HARTMAN MANAGEMENT CO., BENEDICT CANYON PRODUCTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns the compensability of a housekeeper's death that occurred on her employer's premises. The appellate board granted reconsideration but affirmed the WCJ's decision finding the death arose out of and in the course of employment under the "bunkhouse rule," despite the decedent not working weekends. It also clarified that the decedent was employed by Sheila Hartman individually, not by related production companies. The board found no error in dismissing the other companies and their insurer, as this was a determination of employment status, not a coverage dispute.

Workers' Compensation Appeals BoardPetition for ReconsiderationErnestina MoralesSheila HartmanAllstate Insurance Co.Specialty Risk ServicesSheila Hartman Management Co.Benedict Canyon ProductionsState Compensation Insurance FundWCJ

References

Case No. ADJ6946148

Regular

May 22, 2018

MAXIMILIANO RODELA vs. PEDRO & EDELMIRA VELASQUEZ dba LLANTERA TIRE CENTER

Defendant Pedro Velasquez petitioned for reconsideration of the Appeals Board's prior decision, which rescinded a WCJ's order and found applicant sustained injuries to multiple body parts. The Board dismissed the petition because defendant failed to properly serve it on all adverse parties, specifically the applicant and his own attorney. Even if service had been proper, the Board found the petition lacked merit, reiterating its prior reasoning regarding the bunkhouse rule and the sufficiency of evidence. Therefore, the Board dismissed the Petition for Reconsideration.

Petition for ReconsiderationDismissalIncomplete ServiceLabor Code Section 5905WCAB Rule 10850Adverse PartiesProof of ServiceWorkers' Compensation Appeals BoardUninsured Employers Benefits Trust FundLaw Offices of Michael Singer

References

Case No. ADJ7264969

Regular

Feb 22, 2011

Richard Warner vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

Applicant Richard Warner, a firefighter on Catalina Island, sustained injuries while trimming wisteria at his home, which he was required to maintain as a condition of employment and from which he sometimes worked. The Board denied reconsideration, affirming the WCJ's finding that the injury was not arising out of and occurring in the course of employment (AOE/COE). The applicant's home was not considered employer premises under the bunkhouse rule as he owned and maintained it personally, receiving a stipend instead of provided housing. Although working from home was sometimes necessary, trimming wisteria was deemed a purely personal act unrelated to employment duties.

AOE/COEbunkhouse ruleemployer premisessecondary jobsitecourse of employmentperforming serviceproximate causepersonal taskincidental to employmentstipend

References

Case No. ADJ7516841

Regular

Mar 05, 2012

KAREN SHAW vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA

This case concerns applicant Karen Shaw's claim for workers' compensation benefits after she slipped and broke her wrist and ankle while walking to a bookstore in San Francisco. The defendant, Cast & Crew Entertainment Services, Inc., argued the injury was not compensable, citing the going-and-coming rule and the bunkhouse rule. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that Shaw's injury arose out of and in the course of her employment under the commercial traveler rule. The Board determined that Shaw's walk, while on an extended business trip and on call, was a reasonable expectancy of her employment, even if considered personal activity.

Workers' Compensation Appeals BoardKaren ShawCast & Crew Entertainment ServicesInc.Zurich North AmericaADJ7516841San Franciscogoing and coming rulebunkhouse ruleMotion Picture Health Plan

References

Showing 1-4 of 4 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

ERNESTINA MORALES (Deceased), MARIO R. CHAVARRIA, DEATH WITHOUT DEPENDENTS UNIT vs. SHEILA HARTMAN, ALLSTATE INSURANCE CO., SHEILA HARTMAN MANAGEMENT CO., BENEDICT CANYON PRODUCTIONS, STATE COMPENSATION INSURANCE FUND

MAXIMILIANO RODELA vs. PEDRO & EDELMIRA VELASQUEZ dba LLANTERA TIRE CENTER

Richard Warner vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

AOE/COEbunkhouse ruleemployer premisessecondary jobsitecourse of employmentperforming serviceproximate causepersonal taskincidental to employmentstipend

KAREN SHAW vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA

Workers' Compensation Appeals BoardKaren ShawCast & Crew Entertainment ServicesInc.Zurich North AmericaADJ7516841San Franciscogoing and coming rulebunkhouse ruleMotion Picture Health Plan