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

Case No. ADJ12345287
Regular
Jun 17, 2025

TOMAS OSORIO vs. MISSION RUBBER COMPANY LLC, PERSONNEL STAFFING GROUP aka RITE STAFF, INC., KALIFORNIA BUSINESS STAFFING LLC, INSURANCE COMPANY OF THE WEST

The Petition for Removal of the decision issued on April 30, 2025 has been withdrawn by petitioner. Therefore, it will be dismissed.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ12345287Mission Rubber CompanyPersonnel Staffing GroupRite StaffXL Insurance CompanyGallagher Bassett
References
Case No. SBR 0315782
Regular
Jul 30, 2007

GORDON ADAMS vs. SOUTHLAND DRYWALL COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Premier Outpatient Surgery Center, Inc., whose lien was denied because it allegedly did not use its full corporate name or have a fictitious business name permit. The Appeals Board rescinded the denial and returned the case for further proceedings, finding that Premier was properly licensed as an outpatient facility and that the defendant did not timely raise the fictitious business name statement issue. The Board clarified that a facility fee lien claimant is not required to have a Medical Board fictitious-name permit, but may need to file a fictitious business name statement if operating under a name other than its legal corporate name.

Workers Compensation Appeals BoardLien ClaimantFictitious Business Name StatementFictitious-Name PermitBusiness & Professions Code Section 17910Business & Professions Code Section 2415(a)Medical Board of CaliforniaOutpatient SettingFacility FeeCompromise and Release
References
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
Case No. ADJ4509174 (VNO 0365660), ADJ584182 (VNO 0365661), ADJ824233 (SDO 0148167)
Regular
Jan 07, 2014

RICHARD TALLANT vs. PACIFIC COAST STAFFING, STATE COMPENSATION INSURANCE FUND, SOUTHWEST STATIONERS, CALIFORNIA COMPENSATION INSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The California Insurance Guarantee Association (CIGA) petitioned for reconsideration of a prior award concerning an applicant's industrial injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the record lacked sufficient clarity regarding the issues, stipulations, and admitted evidence. Specifically, the WCAB could not determine the basis for the finding of industrial injury for the 1997 claims. Therefore, the WCAB rescinded the prior award and returned the matter to the trial level for a new decision with a properly developed record.

CIGAPacific Coast StaffingState Compensation Insurance FundCalifornia Insurance Guarantee AssociationSouthwest Stationersindustrial injuryneck injuryback injuryankle injurywrist injury
References
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ916063
Regular
Dec 24, 2010

TERRY SCUDDER vs. VERIZON CALIFORNIA, INC., SEDGWICK CMS

This case involves a petition for reconsideration filed by defendant Verizon California, Inc. The Workers' Compensation Appeals Board (WCAB) granted the petition. This action was taken due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications related to this matter should be directed to the WCAB's Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOPINION AND ORDERVERIZON CALIFORNIASEDGWICK CMSSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATION
References
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
Case No. ADJ8751227
Regular
Nov 16, 2015

GLORIA ACOSTA vs. BALANCE STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) has dismissed a Petition for Reconsideration filed by Balance Staffing Services. The petitioner voluntarily withdrew their petition. The WCAB noted that even if not withdrawn, the petition would have been dismissed as untimely and lacking in substance. Furthermore, the WCAB would have denied the petition on its merits based on the Workers' Compensation Judge's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedUntimelySkeletalWCJ's ReportBalance Staffing ServicesCalifornia Insurance Guarantee AssociationPatriot Risk ServicesULLICO Casualty Company
References
Case No. ADJ2681583 (MON 0239411)
Regular
May 01, 2012

GUILLERMINA GONZALEZ vs. SOUTHERN CALIFORNIA JOBBERS, CALIFORNIA INSURANCE GUARANTEE (CIGA) by BROADSPIRE, for CALIFORNIA COMPENSATION INSURANCE, in liquidation

In *Gonzalez v. Southern California Jobbers*, the Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision. The Board rescinded the prior decision and returned the matter to the trial level for further proceedings and a new decision. This order signifies the matter is not yet finalized on its merits.

Reconsideration OrderRescindedFurther ProceedingsWorkers' Compensation Appeals BoardWCJCalifornia Insurance Guarantee AssociationCIGABroadspireLiquidationSouthern California Jobbers
References
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