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

Case No. ADJ8139310

Regular

Oct 06, 2015

BRAULIO ALVAREZ vs. CERADYNE, INC., XL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Ceradyne, Inc. and XL Insurance Company's petition for reconsideration. The Board affirmed the finding that Braulio Alvarez sustained a cumulative injury to his neck, back, and psyche during his employment. They also found the claim was not barred by the statute of limitations, as the applicant did not have knowledge of the work-related nature of his injury until after his termination. Furthermore, the claim was deemed not a post-termination claim because the applicant's injury was cumulative and the date of injury was subsequent to his layoff notice.

CERADYNEINC.XL INSURANCE COMPANYSEDGWICK CLAIMS MANAGEMENT SERVICESBRAULIO ALVAREZWORKERS' COMPENSATION APPEALS BOARDCUMULATIVE INJURYNECKBACKPSYCHE

References

Case No. ADJ8324040

Regular

Mar 15, 2019

ISAIAS GARCIA vs. CERADYNE, INC.; XL INSURANCE c/o SEDGWICK CLAIMS MANAGEMENT SERVICE

The Workers' Compensation Appeals Board granted reconsideration to lien claimants Technical Surgical Support and Comprehensive Outpatient Surgery Center. The WCJ had disallowed their liens because their Labor Code section 4903.8(d) declarations were filed untimely and not considered part of the record. The Board found that while the declarations were indeed filed late, the liens themselves were filed before January 1, 2013, predating a stricter WCAB rule. The Board rescinded the WCJ's order, returning the case for further proceedings to allow the defendant to examine the declarant and for a merits-based consideration of the liens.

Labor Code section 4903.8(d)lien claimantsPetition for ReconsiderationFindings and OrderWCJDeclaration of Readinesslien hearinguntimely declarationWCAB Rule 10770(c)(8)Mendoza v. Oak Grove

References

Case No. ADJ6751913

Regular

Apr 23, 2013

EDWIN MORENO (DEC.), ADRIAN AND NELLY MORENO, DEATH WITHOUT DEPENDENTS UNIT vs. CERADYNE INC, LIBERTY MUTUAL INSURANCE COMPANY

This case involves the denial of reconsideration for a petition filed by the parents of a deceased worker, Edwin Moreno. The parents claimed partial dependency on their son's income, but the Workers' Compensation Appeals Board (WCAB) upheld the Administrative Law Judge's (ALJ) decision that they failed to prove the required legal standard for dependency. Specifically, the parents could not quantify any monetary contributions their son made to their business or their support. The WCAB also noted a procedural issue with service of the petition but denied reconsideration on the merits.

Workers' Compensation Appeals BoardDeath Without Dependents UnitPetition for ReconsiderationPartial DependentsDeath BenefitsIndustrial AccidentDependency ClaimSupportChevron USAInc. v. WCAB (Stecle)

References

Case No. MISSING

Regular Panel Decision

Jul 30, 2012

Matter of Monarch Consulting, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA.

Justice Gische dissents from the majority's decision, arguing that arbitrators, not the court, should determine the enforceability of payment agreements containing arbitration clauses in workers' compensation cases. The dissent highlights that the payment agreements were not filed with the Workers’ Compensation Insurance Rating Bureau (WCIRB), an issue the insureds use to invalidate the arbitration provisions. Citing the Federal Arbitration Act (FAA) and Supreme Court precedent, Gische, J. contends that challenges to the contract as a whole should be decided by arbitrators. Furthermore, the dissent disagrees with the majority's application of the McCarran-Ferguson Act, asserting that California law does not prohibit arbitration in insurance disputes and that arbitration does not undermine filing requirements. The dissent critiques the Ceradyne decision as inconsistent with Supreme Court rulings on severability and arbitrability.

Arbitration ClausesArbitrabilityFederal Arbitration ActMcCarran-Ferguson ActWorkers' Compensation InsuranceCalifornia Insurance CodeContract EnforceabilityGateway IssuesDissenting OpinionJudicial Review

References

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BRAULIO ALVAREZ vs. CERADYNE, INC., XL INSURANCE COMPANY

CERADYNEINC.XL INSURANCE COMPANYSEDGWICK CLAIMS MANAGEMENT SERVICESBRAULIO ALVAREZWORKERS' COMPENSATION APPEALS BOARDCUMULATIVE INJURYNECKBACKPSYCHE

ISAIAS GARCIA vs. CERADYNE, INC.; XL INSURANCE c/o SEDGWICK CLAIMS MANAGEMENT SERVICE

Labor Code section 4903.8(d)lien claimantsPetition for ReconsiderationFindings and OrderWCJDeclaration of Readinesslien hearinguntimely declarationWCAB Rule 10770(c)(8)Mendoza v. Oak Grove

EDWIN MORENO (DEC.), ADRIAN AND NELLY MORENO, DEATH WITHOUT DEPENDENTS UNIT vs. CERADYNE INC, LIBERTY MUTUAL INSURANCE COMPANY

Workers' Compensation Appeals BoardDeath Without Dependents UnitPetition for ReconsiderationPartial DependentsDeath BenefitsIndustrial AccidentDependency ClaimSupportChevron USAInc. v. WCAB (Stecle)

Matter of Monarch Consulting, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA.