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

Case No. ADJ626438 (VNO 0450164) ADJ3665608 (VNO 0450166) ADJ3570389 (VNO 0521859) ADJ8592142
Regular
Jun 07, 2013

JOSEPH GIOIA vs. NEFTIN WESTLAKE CAR COMPANY, CALIFORNIA INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC., FREMONT INSURANCE COMPANY, CIGA

This Workers' Compensation Appeals Board decision denies the petition for reconsideration filed by California Indemnity Insurance Company (CIIC). Conversely, it grants the petition filed by the California Insurance Guarantee Association (CIGA). The original decision of March 18, 2013, is affirmed but amended to reflect specific findings regarding the applicant's employment periods, injuries, and temporary total disability payments. The amendment clarifies insurance responsibilities, with CIIC responsible for 92% of the temporary total disability and Mid-Century/Farmers for 8%.

Workers' Compensation Appeals BoardCIICCIGAPetition for ReconsiderationWCJ ReportInsurance CodeTemporary Total DisabilityLC § 4661.5Joint Findings of FactNeftin Westlake Car Company
References
0
Case No. ADJ4258158 (OXN 0128983) ADJ4450153 (OXN 0136267)
Regular
Jun 01, 2010

BRENDA K. ROACH vs. BRIDAL TRADITIONS, CALIFORNIA INDEMNITY INSURANCE COMPANY, PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves California Indemnity Insurance Company (CIIC) seeking reconsideration of a Workers' Compensation Arbitrator's decision. CIIC disputes the finding of a single cumulative trauma injury period and the assigned date of injury, arguing for a longer exposure period. The Appeals Board granted reconsideration and amended the prior findings to establish one cumulative trauma injury from March 5, 1999, through November 24, 2002. The original decision regarding CIIC's contribution claim against Preferred Employers Insurance Company was otherwise affirmed.

Cumulative traumaDate of injuryLabor Code section 5412Labor Code section 5500.5Petition for ContributionReconsiderationFindings and OrderCompromise and ReleaseAnti-merger statutesApportionment
References
2
Case No. ADJ2599827 (LAO 0802863) ADJ3258052 (LAO 0802864) ADJ4519810 (LAO 0802865)
Regular

GONZALO SIS vs. MGM CONVERTERS, INC., EVEREST NATIONAL INSURANCE COMPANY, CALIFORNIA INDEMNITY INSURANCE COMPANY

This case involves a dispute over contribution between two insurance companies, Everest National Insurance Company and California Indemnity Insurance Company (CIIC), regarding applicant Gonzalo Sis's workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) rescinded the arbitrator's decision ordering CIIC to reimburse Everest. The WCAB found the record incomplete and lacking substantial evidence, particularly regarding proof of service and the arbitrator's reliance on conflicting medical reports. The matter was returned to the trial level for selection of a new arbitrator and the preparation of a proper record, including clear findings of fact and evidence.

Workers' Compensation Appeals BoardArbitrationContributionCumulative TraumaCompromise and ReleaseSubstantial EvidenceTimelinessProof of ServiceRecord CompletenessMinutes of Hearing
References
7
Case No. OAK 0279643
Regular
Dec 14, 2007

VIRGINIA HERNANDEZ vs. FOSTER, MANTEL & SILL, CALIFORNIA INDEMNITY INSURANCE COMPANY, GAB ROBINS, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves applicant Virginia Hernandez, who sustained industrial injuries to her bilateral knees and low back in two separate incidents. The Board granted reconsideration to allow co-defendant California Indemnity Insurance Company (CIIC) credit for permanent disability advances paid to the applicant. Additionally, the Board clarified that the applicant's attorney's fee and the Employment Development Department's lien apply to both cases collectively.

Workers' Compensation Appeals BoardIndustrial InjuryBilateral KneesLow BackPacker ShipperPermanent DisabilityEmployment Development Department LienAttorney's FeePetition for ReconsiderationPermanent Disability Advances
References
1
Case No. ADJ857793
Regular
Oct 30, 2008

OLIVIA SOSA vs. NUPLA CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY

The Appeals Board rescinded the WCJ's decision because the finding of a specific date of injury was vague, unsupported by substantial evidence, and deprived California Indemnity Insurance Company (CIIC) of due process. The Board held that under Labor Code § 5500.5, the elected insurer (SCIF) should not have been dismissed at this stage, and any determination of liability among insurers should be deferred to a separate contribution proceeding. The case was returned to the trial level for further proceedings to determine if the applicant sustained an industrial injury and to address potential liability of all involved insurers.

Cumulative traumaDate of injuryLabor Code 5500.5Due processReconsiderationWCJ FindingsSubstantial evidenceJoinderPetition for DismissalContribution proceedings
References
17
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