Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Great American Insurance v. Canandaigua National Bank & Trust Co.

This case involves an appeal and cross-appeal concerning a dispute over a $300,000 certificate of deposit (CD) held in escrow. Great American Insurance Company (GAIC) provided workers' compensation insurance to Transit Group, Inc., secured by a CD held by Canandaigua National Bank and Trust Company (CNB) as an escrowee. Following Transit's bankruptcy filing, CNB released the CD funds to Transit without notifying GAIC, leading GAIC to sue CNB for breach of fiduciary duty. The Supreme Court granted summary judgment to GAIC. The appellate court affirmed this decision, agreeing that CNB breached its fiduciary duty by improperly releasing the funds. However, the appellate court reversed the Supreme Court's denial of Transit's cross-motion, ruling that CNB was not entitled to common-law indemnification or claims for fraud and negligent misrepresentation against Transit, as CNB's liability stemmed from its own breach of duty and it could not justifiably rely on Transit's attorney's representations.

Escrow AgreementBreach of Fiduciary DutySummary JudgmentWorkers' Compensation InsuranceCommon-Law IndemnificationNegligent MisrepresentationBankruptcy LawAppellate ReviewCertificate of DepositInsurer Liability

References

Case No. ADJ1 0300458

Regular

Aug 01, 2016

CD MAHEDE HASAN vs. UNIVERSAL CITY NISSAN, INC, INSURANCE COMPANY OF THE WEST WOODLAND HILLS

The Workers' Compensation Appeals Board denied reconsideration of an applicant's claim for benefits. The applicant sustained an arm fracture while arm wrestling with a colleague during a lull at work. The Board adopted the Administrative Law Judge's findings that the injury resulted from horseplay, which was not condoned by the employer. Because injuries from un-condoned horseplay are not considered to arise out of employment, the claim was denied.

WCABPetition for ReconsiderationDeniedHorseplayEmployer CondonationWCJ FindingsCredibility DeterminationSubstantial EvidenceProximate CauseCourse of Employment

References

Case No. ADJ9733920

Regular

Feb 26, 2020

SYLVERIA VILLALOBOS vs. GIUMARRA VINEYARDS, ESIS

The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's decision disallowing a photocopy lien claim. The Board found the lien claimant failed to prove they actually provided the billed "page capture/conversion and processing" services, as the records were provided on CD-ROM by the defendant. Furthermore, the defendant issued a timely and valid Explanation of Review (EOR) with a reduced payment, which the lien claimant did not object to within the statutory period. Consequently, the Board ruled the defendant was not liable for the denied portion of the lien.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings of Fact and OrderExplanation of ReviewSection 4903.8(d)Declaration of Custodian of RecordsCD-ROMInvoicePage capture/conversion

References

Case No. ADJ8727749

Regular

Sep 26, 2013

CINDY VARGAS vs. SEARS HOLDINGS CORPORATION, SEDGWICK CMS

This case concerns an employer's petition to remove a WCJ's order compelling them to provide a complete list of their Medical Provider Network (MPN) in specific specialties. The employer argued this was overly burdensome, preferring to limit the list to providers within 30 miles of the applicant's residence. The Appeals Board denied removal, finding the WCJ's order was not burdensome or harassing under Administrative Director Rule 9767.12(f)(3). The Board noted the employer could fulfill the order electronically via CD or website, even if limited to the requested specialties.

Workers' Compensation Appeals BoardPetition for RemovalMedical Provider NetworkMPN listingTitle 8 Cal. Reg. § 9767.12(f)(3)Administrative Director Ruleregional area listingcomplete provider listingelectronic listingCD

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.

Great American Insurance v. Canandaigua National Bank & Trust Co.

CD MAHEDE HASAN vs. UNIVERSAL CITY NISSAN, INC, INSURANCE COMPANY OF THE WEST WOODLAND HILLS

WCABPetition for ReconsiderationDeniedHorseplayEmployer CondonationWCJ FindingsCredibility DeterminationSubstantial EvidenceProximate CauseCourse of Employment

SYLVERIA VILLALOBOS vs. GIUMARRA VINEYARDS, ESIS

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings of Fact and OrderExplanation of ReviewSection 4903.8(d)Declaration of Custodian of RecordsCD-ROMInvoicePage capture/conversion

CINDY VARGAS vs. SEARS HOLDINGS CORPORATION, SEDGWICK CMS