Updated Daily

Case Law Database

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

Case No. ADJ268193 (VNO 0373640)

Regular

Apr 30, 2012

ANITA ELLIS vs. ATC/VANCOM, CALIFORNIA INSUARNCE GUARANTEE ASSOCIATION, For CALCOMP, In Liquidation

The Appeals Board granted reconsideration and rescinded the original award due to insufficient evidence. Applicant did not meet the six-month employment requirement for a compensable psychological injury under Labor Code section 3208.3(d). Furthermore, the Board found insufficient evidence of concurrent self-employment earnings to support the awarded average weekly wage. The case is returned to the trial level for a new decision reflecting these findings.

WCABReconsiderationLabor Code 3208.3(d)Psyche InjuryAverage Weekly EarningsImpeachmentDeposition TestimonySocial Security Administration EarningsCredibilityMedical Evaluator

References

Case No. ADJ2022332 (ANA 0334821) ADJ947209 (ANA 0334822)

Regular

Feb 27, 2014

JOHN SHEA vs. PROPSERV, INC., CENTRE INSURANCE. COMPANY., CIGA For CALCOMP, In Liquidation

The California Workers' Compensation Appeals Board affirmed the Arbitrator's decision denying CIGA's requests for contribution and reimbursement from Centre Insurance Company. CIGA stipulated to liability for the injury date in 2000, and the Board found that CIGA's subsequent claims of mistake were untimely and lacked good cause to reopen a final award. The Board emphasized the importance of finality in awards and that CIGA failed to timely raise equitable arguments. Therefore, CIGA's appeal for contribution and reimbursement was unsuccessful.

CIGACalCompContributionReimbursementStipulated AwardGood CauseReopenEquitable ArgumentsPrejudgment InterestDate of Injury

References

Case No. ADJ3765992

Regular

Feb 22, 2010

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CIGA by its servicing facility BROADSPIRE SERVICES, for CALCOMP in liquidation, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, CLAIMS MANAGEMENT INC.

This case involves a defendant's petition for reconsideration of a decision filed January 28, 2010. The Workers' Compensation Appeals Board has granted reconsideration to thoroughly review the factual and legal issues presented. This allows for further study of the record to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the Office of the Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationSurgical Staff NorthCIGACommunity Hospital of Monterey PeninsulaAdj3765992SRO 0132531Decision After ReconsiderationOffice of the Commissioners

References

Case No. ADJ4191064 (AHM 0091361) ADJ3063740 (AHM 0095797)

Regular

Jan 11, 2010

JOSE BARRIOS vs. McPEEK CHRYSLER PLYMOUTH, INC., GAB ROBINS, BROADSPIRE, California Insurance Guarantee Association (CIGA), Kemper Insurance, Pacific National Company, Cal Indemnity, CalComp Insurance, Pacific Auto Insurance Company

This case involves a workers' compensation claim for cumulative trauma injury to the applicant's neck, back, shoulders, and wrists. The Appeals Board granted reconsideration to amend the date of injury for this cumulative trauma claim. Based on established law regarding the "date of injury" for cumulative trauma, the Board determined that the period of compensable temporary disability commencing in August 2000 constituted sufficient knowledge and disability to establish the injury date. Consequently, liability for the claim, which involved multiple insurers now adjusted by CIGA, was assigned accordingly with a revised injury end date of August 3, 2000.

CIGAKemper InsurancePacific National Companyliquidationcovered claimscumulative traumadate of injurytemporary total disabilityLabor Code section 5500.5Rodarte

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.

ANITA ELLIS vs. ATC/VANCOM, CALIFORNIA INSUARNCE GUARANTEE ASSOCIATION, For CALCOMP, In Liquidation

WCABReconsiderationLabor Code 3208.3(d)Psyche InjuryAverage Weekly EarningsImpeachmentDeposition TestimonySocial Security Administration EarningsCredibilityMedical Evaluator

JOHN SHEA vs. PROPSERV, INC., CENTRE INSURANCE. COMPANY., CIGA For CALCOMP, In Liquidation

CIGACalCompContributionReimbursementStipulated AwardGood CauseReopenEquitable ArgumentsPrejudgment InterestDate of Injury

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CIGA by its servicing facility BROADSPIRE SERVICES, for CALCOMP in liquidation, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, CLAIMS MANAGEMENT INC.

JOSE BARRIOS vs. McPEEK CHRYSLER PLYMOUTH, INC., GAB ROBINS, BROADSPIRE, California Insurance Guarantee Association (CIGA), Kemper Insurance, Pacific National Company, Cal Indemnity, CalComp Insurance, Pacific Auto Insurance Company

CIGAKemper InsurancePacific National Companyliquidationcovered claimscumulative traumadate of injurytemporary total disabilityLabor Code section 5500.5Rodarte