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Case Law Database

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

Case No. OAK 0332540
Regular
Apr 21, 2008

TYRONE JOHNSON vs. CAL STATE, HAYWARD, SEDGWICK CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in Johnson v. Cal State, Hayward and Sedgwick Claims Services. The WCAB rescinded the WCJ's decision and returned the case for further proceedings and a new decision. This action is not a final determination on the merits.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgegrant reconsiderationrescind decisionfurther proceedingsdecision after reconsiderationtrial levelreconsideration of decisionreturn to trial level
References
0
Case No. ADJ10335087 ADJ10335071
Regular
Jan 03, 2020

RICHARD GONZALES vs. CAL FIRE, STATE COMPENSATION INSURANCE FUND, State Employees Adjusting Agency

This case involves two workers' compensation claims for Richard Gonzales against CAL FIRE. The Appeals Board affirmed the award in ADJ10335087, which found a 46% permanent disability. However, the Board rescinded the January 3, 2019 award in ADJ10335071, which found a 77% permanent disability and awarded attorney's fees based on 15% of permanent disability indemnity. The Board remanded ADJ10335071 for further development of the medical record regarding whether permanent disabilities should be added or combined, and to revisit the attorney's fees, specifically including the value of the life pension.

Workers Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityAttorney's FeeQualified Medical Evaluator (QME)Agreed Medical Evaluator (AME)Combined Values Chart (CVC)Synergistic Effect
References
8
Case No. ADJ9264974
Regular
Nov 20, 2017

LUZ MARTINEZ MARTINEZ vs. SO CAL FOODS dba BAJA FRESH, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of Martinez v. So Cal Foods. This decision allows the WCAB further time to thoroughly study the factual and legal issues presented. Pending a decision after reconsideration, all related communications must be filed directly with the WCAB Commissioners in San Francisco, not the district office. Trial-level documents not related to the petition should continue to be e-filed normally.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemWCJ
References
0
Case No. ADJ8641548
Regular
May 11, 2016

MILAGROS ALBANO (Dec'd), JONALYN ALBANO (Daughter), JOE RICHARD ALBANO (Son), JOANNE MAE ALBANO (Daughter) vs. CAL AMP CORPORATION, HARTFORD ACCIDENT \& INDEMNITY COMPANY, STANDARD FIRE INSURANCE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the applicants' petition for reconsideration in the case of Milagros Albano (deceased) versus Cal Amp Corporation and its insurers. This decision was made to allow further study of the factual and legal issues. All future correspondence regarding the petition must be filed directly with the Board's Commissioners in San Francisco. Trial level documents not related to the reconsideration petition should continue to be filed as usual.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan FranciscoElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ4055046 (VNO 0490494)
Regular
Feb 07, 2011

JAIME AGABO vs. HI-TECH IRON WORKS, APPLIED RISK OMAHA

This case involves an applicant seeking additional compensation for serious and willful misconduct by his employer, Hi-Tech Iron Works, following an industrial injury. The employer's petition for reconsideration of the administrative law judge's (WCJ) award was denied. The Board found substantial evidence supported the WCJ's determination that the employer knew an unsafe rope was being used for heavy lifting and directed employees to proceed despite the probable risk of serious injury. The employer's arguments regarding a Cal-OSHA report and the presence of management were rejected based on credibility findings and the evidence presented.

Serious and willful misconductLabor Code Section 4553inadequate equipmentpulley and ropeunsafe work environmentmanaging representativeknowledge of dangerdisregard of warningemployer liabilityworkers' compensation
References
8
Case No. MISSING
Regular Panel Decision

Slesin v. Administrator, Occupational Safety & Health Administration

Louis Slesin filed a Freedom of Information Act (FOIA) request seeking documents from the Occupational Safety and Health Administration (OSHA) regarding the regulation of nonionizing radiation. OSHA released some documents but withheld portions of others, citing Exemption 5 of FOIA. Slesin cross-moved for an in camera inspection of the redactions and for summary judgment. District Judge Leval denied Slesin's cross-motion and granted summary judgment for the defendants. The court found that the redacted materials, which included staff opinions, recommendations, and internal timetables related to OSHA's deliberative process for developing new health standards, were properly withheld under Exemption 5, which protects internal agency communications reflecting deliberative or policy-making processes. The judge concluded that OSHA had adequately demonstrated that the excised material fell within the lawful exemption.

FOIAExemption 5Deliberative Process PrivilegeSummary JudgmentOccupational Safety and Health AdministrationNonionizing RadiationRegulatory StandardsAgency DeliberationsInformation DisclosureGovernment Transparency
References
10
Case No. MISSING
Regular Panel Decision
Nov 20, 1990

People v. Pymm

This case examines whether federal regulation of workplace safety under the Occupational Safety and Health Act (OSHA) preempts New York State's authority to criminally prosecute employers for conduct that results in unsafe working conditions. The corporate defendants, Pymm Thermometer Corporation and Pak Glass Machinery Corporation, along with their executives William Pymm and Edward Pymm, Jr., were convicted of various criminal charges, including conspiracy, assault, and reckless endangerment, stemming from severe mercury contamination at their Brooklyn facilities which caused neurological damage to an employee. The Trial Justice initially set aside the verdict, citing federal preemption, but the Appellate Division reversed this decision. The Court of Appeals affirmed the Appellate Division's ruling, concluding that OSHA does not expressly or impliedly preempt state criminal prosecutions for employer conduct, emphasizing that state criminal laws serve distinct purposes of punishment and deterrence beyond OSHA's regulatory standards.

PreemptionOSHAWorkplace SafetyCriminal ProsecutionMercury PoisoningEmployer LiabilityState LawFederal LawHazardous ConditionsCorporate Crime
References
24
Case No. ADJ450115 (MON 0230555) ADJ1578833 (VNO 0399228)
Regular
Dec 15, 2008

CONSTANCE SHILLINGFORD vs. GREENBERG GLUSKER FIELDS, CAL. COMP, in liquidation by CIGA and ZENITH INSURANCE COMPANY, CAL. COMP, in liquidation by BROADSPIRE INSURANCE COMPANIES for CIGA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB rescinded the judge's decision and returned the case to the trial level for further proceedings and a new decision. This action means the original decision is not final, and the parties can again seek reconsideration after the WCJ issues a new ruling.

Workers Compensation Appeals BoardReconsiderationRescindedReturnedWCJCIGAZenith Insurance CompanyBroadspire Insurance CompaniesLiquidationAdministrative Law Judge
References
0
Case No. VNO 0467089
Regular
Jun 20, 2008

LUIS ARAGON vs. THE CHEESECAKE FACTORY, U.S. FIDELITY AND GUARANTY, GALLAGHER BASSETT SERVICES

This case concerns a medical provider's lien claim after the applicant's workers' compensation claim was settled. The lien was initially disallowed because the provider had received payment from Medi-Cal and had not yet reimbursed the program. The Appeals Board granted reconsideration, amending the award to allow the provider to pursue its lien claim, but only after proving full reimbursement to Medi-Cal as required by Welfare and Institutions Code section 14124.791. Jurisdiction is reserved for further proceedings at the trial level.

Workers' Compensation Appeals BoardLien claimantMedi-Cal reimbursementWelfare and Institutions Code § 14124.791Industrial injuryBelow the knee amputationCompromise and releasePetition for reconsiderationReport and RecommendationFindings and Award
References
3
Case No. LAO 0762226, LAO 0762227
Regular
Sep 05, 2007

SHIRLEE DYERLY vs. LAWRY'S RESTAURANT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, INTERCARE INSURANCE SERVICES, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a dispute over insurance coverage for an applicant's neck and back injuries sustained across specific and cumulative trauma incidents. The Workers' Compensation Appeals Board (WCAB) is reconsidering an arbitrator's decision that ordered Zurich North America Insurance Company to reimburse the California Insurance Guarantee Association (CIGA) for all benefits paid by the liquidated California Compensation Insurance Company (Cal Comp). The WCAB rescinds the arbitrator's order, ruling that CIGA can only recover the amount Cal Comp would have been entitled to collect had it not been liquidated, not the full amount paid.

CIGACal CompZurichliquidationcontributionreimbursementspecific injurycumulative traumastatute of limitationsjoint findings
References
7
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