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

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. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. SFO 0496923
Regular
Jan 15, 2008

ROBERT THOMPSON (Deceased) NATALIA THOMPSON (Widow) vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency

This case concerns a California Highway Patrol officer who died from melanoma. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of death benefits, and found the injury was not industrial. The Board concluded the applicant failed to demonstrate a reasonable link between his employment and the melanoma, citing non-industrial risk factors such as childhood sun exposure and family history.

Workers' Compensation Appeals BoardRobert ThompsonNatalia ThompsonCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundSFO 0496923Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ1463963 (POM 0273971 ADJ3120431 (POM 0268474)
Regular
Jan 09, 2012

RUBEN ORTIZ vs. LINKS-NILSON CORPORATION, CALIFORNIA COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, DAART ENGINEERING, XL FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case involves Ruben Ortiz seeking workers' compensation benefits. The primary issue is whether the applicant's injuries from a specific incident are compensable under workers' compensation law. The litigation involves multiple defendants, including the applicant's employer, its insurer (in liquidation), and the California Insurance Guarantee Association, alongside other entities. The core dispute centers on the causal link between the employment and the claimed injuries. The outcome will determine the extent of benefits Ortiz is entitled to and the responsibility of the named defendants.

Workers' Compensation Appeals BoardApplicantDefendantLinks-Nilsen CorporationCalifornia Compensation Insurance CompanyliquidationCalifornia Insurance Guarantee AssociationDaart EngineeringXL Fire ProtectionState Compensation Insurance Fund
References
Case No. ADJ244571 (VEN 0110022) ADJ3315572 (VEN 0110023) ADJ3817980 (OXN 0145232) ADJ2004405 (OXN 0145234) ADJ4239471 (OXN 0145235)
Regular
Jan 19, 2010

DIANA HARDMAN vs. COMMUNITY MEMORIAL HOSPITAL, AIG DOMESTIC CLAIMS, INC./CHARTIS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, CALIFORNIA COMPENSATION INSURANCE COMPANY, FREMONT COMPENSATION INSURANCE COMPANY, American Home Assurance

This case involves five workers' compensation claims by applicant Diana Hardman against Community Memorial Hospital, with American Home Assurance (AIG) as a defendant insurer. AIG seeks reconsideration of the WCJ's findings, arguing it should only be liable for permanent disability directly arising from injuries covered by its policies, not those covered by insolvent insurers now handled by CIGA. The Appeals Board granted reconsideration, rescinded the WCJ's decisions, and returned the matter for further proceedings. Key issues include the admissibility of a deposition, the apportionment of permanent disability based on recent appellate decisions, and clarification of liability for injuries that occurred during periods covered by multiple insurers, including insolvent ones.

Workers' Compensation Appeals BoardDiana HardmanCommunity Memorial HospitalAIG Domestic ClaimsCalifornia Insurance Guarantee AssociationBroads PireCalifornia Compensation Insurance CompanyFremont Compensation Insurance CompanyOpinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ11174645
Regular
Dec 31, 2019

RAYMOND LEONG vs. CALIFORNIA DEPARTMENT OF\nTRANSPORTATION, STATE COMPENSATION\nINSURANCE FUND

This case involves a workers' compensation claim for psychiatric injury aggravation filed by Raymond Leong against the California Department of Transportation. The defendant sought reconsideration of an Amended Findings and Award, arguing the claim was not compensable under Labor Code section 3208.3 and challenging the medical evidence. The Appeals Board granted reconsideration solely to correct a typographical error regarding the employer's insurance status. The Board otherwise affirmed the administrative law judge's decision, finding the injury compensable and the PQME's report substantial evidence.

Workers' Compensation Appeals BoardCalifornia Department of TransportationState Compensation Insurance FundAmended Findings and Awardworkers' compensation administrative law judgePetition for Reconsiderationinjury arising out of and in the course of employmentpsychiatric conditionLabor Code section 3208.3panel qualified medical evaluator
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. AHM 70712
Significant
Jul 15, 2002

Jeannie Karaiskos vs. Metagenics, Inc.; California Compensation Insurance Co., In Liquidation; California Insurance Guarantee Association; and Risk Enterprise Management Ltd. (Servicing Facility)

The Board held that liens for Unemployment Compensation Disability (UCD) benefits filed by the Employment Development Department (EDD) are 'covered claims' for which the California Insurance Guarantee Association (CIGA) is liable, as they constitute obligations to the injured worker rather than to the state.

California Compensation Insurance Co.California Insurance Guarantee AssociationCIGAEDD lienUnemployment Compensation Disability (UCD) benefitscovered claimsinsolvent insurerworkers' compensation lawlien trialreconsideration
References
Case No. GRO 0021432
Regular
Apr 28, 2008

Theodore Maiso vs. State of California, Department of Mental Health, State Compensation Insurance Fund, State Contract Services

This case involves a petition for reconsideration by applicant Theodore Maiso against the State of California, Department of Mental Health. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report and reasoning. The Board also corrected a technicality by ordering the substitution of "State of California, Division of Workers' Compensation, Workers' Compensation Appeals Board" in place of "State of California, Division of Workers' Compensation" in the WCJ's decision headings to accurately reflect the judicial authority.

WORKERS' COMPENSATION APPEALS BOARDTheodore MaisoState of California Department of Mental HealthLegally UninsuredState Compensation Insurance FundAdjusting AgencyOrder Denying ReconsiderationWorkers' Compensation Administrative Law JudgeJudicial AuthorityOriginal Jurisdiction
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
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