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

Case No. ADJ2104768 (FRE 0220936)
Regular
Jun 01, 2009

MARTIN PORRAS vs. H&F FARMS, IGNACIO & DELFINA CUEVAS, CALIFORNIA INDEMNITY INSURANCE CO., GAB ROBINS NORTH AMERICA, INC., STATE COMPENSATION INSURANCE FUND

California Indemnity Insurance Company sought reconsideration and removal of a WCJ's denial of its motion to dismiss. The Board dismissed the petition for reconsideration because the order denying dismissal is not a final order subject to review under Labor Code § 5900. The petition for removal was denied as California Indemnity failed to demonstrate requisite prejudice or irreparable harm, nor that reconsideration would be inadequate. The prior order approving a Compromise and Release was already rescinded and returned for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovalWCJCompromise and ReleaseOrder Approving Compromise & Releaserescindedinterim orderfinal orderLabor Code § 5900
References
3
Case No. ADJ329334 (OAK 0311178), ADJ2064025 (OAK 0318666)
Regular
Feb 22, 2013

Vilma Ruiz vs. Margaret O'Leary, California Insurance Guarantee Association, for Fremont Indemnity Company, Republic Indemnity Company

The California Workers' Compensation Appeals Board rescinded a prior award finding Republic Indemnity liable for applicant's cumulative injury. The Board ruled that the applicant's compromise and release agreement with Republic barred further claims against them, and that CIGA was not liable because other insurance (Republic) was available. The Board also determined that the applicant's specific injury claim caused no temporary disability, permanent disability, or need for future medical treatment. Consequently, the applicant was awarded no further benefits in either case.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationFremont Indemnity CompanyRepublic Indemnity Companycumulative injuryspecific injurycompromise and releaseinsolvent carriercovered claimsother insurance
References
18
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. 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
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. AHM 0091361 AHM 0095797
Regular
Feb 04, 2008

JOSE BARRIOS vs. MCPEEK CHRYSLER PLYMOUTH, INC.; CIGA through its servicing agent BROADSPIRE on behalf of CAL COMP and PACIFIC AUTO; CALIFORNIA INDEMNITY INSURANCE

This case involves an appeal by California Indemnity regarding the finding of two distinct cumulative industrial injuries for the applicant. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings. The Board found the original decision unclear regarding the basis for two separate cumulative traumas and the sufficiency of evidence supporting them.

Workers' Compensation Appeals BoardCumulative TraumaDate of InjuryDisabilityTemporary Total DisabilityPermanent DisabilityApportionmentWilkinsonBensonSubstantial Evidence
References
6
Case No. ADJ1173648 (RDG 0088199) ADJ1460955 (RDG 0111795)
Regular
May 16, 2012

VANCE MARQUEZ vs. B&S AUTO & TRUCK, CALIFORNIA INDEMNITY, PREFERRED EMPLOYERS SAN DIEGO, CLARENDON/AMERICAN ALL RISK LOSS FRESNO

This case concerns a remand from the Court of Appeal to the Workers' Compensation Appeals Board (WCAB) for attorney's fees. Applicant's counsel petitioned for $6,000 based on 20 hours at $300/hour, later revising the request to $400/hour due to his specialist certification and experience. The WCAB awarded $7,600, based on 19 hours at $400/hour, considering the complexity of the defendant's petition and the attorney's expertise. This award is against California Indemnity for services rendered in responding to the defendant's petition for writ of review.

Attorney FeesLabor Code section 5801Petition for Writ of ReviewAppeals BoardCertified Workers' Compensation SpecialistHourly RateSacramento County Bar AssociationAppellate WorkNovel IssuesLegislative Intent
References
1
Case No. ADJ683696 (OXN 0130382) ADJ2849597 (OXN 0135814) ADJ2954957 (OXN 0136101)
Regular
Nov 25, 2009

JORGE BARBOZA vs. MICROPULSE, INC., STATE COMPENSATION INSURANCE FUND, GAB ROBINS for CALIFORNIA INDEMNITY INS. CO., ANDREW CORPORATION, ZURICH NORTH AMERICA

Defendant California Indemnity Insurance Company sought reconsideration of an arbitrator's award concerning liability apportionment among multiple insurers. The arbitrator had assigned specific percentages of responsibility to State Compensation Insurance Fund and Zurich for benefits paid. The defendant argued the arbitrator erred by disregarding medical evidence, ignoring liability percentages, and improperly inferring liability. The Appeals Board granted reconsideration to clarify that miscoded medical treatment expenses, erroneously labeled VRMA, should be considered as benefits paid for contribution purposes. The original award was otherwise affirmed with amendments clarifying what constitutes "moneys paid to and on behalf of the Applicant."

Workers' Compensation Appeals BoardReconsiderationAmended Findings and AwardContributionLiabilityMedical EvidenceVRMABenefits PaidMedical Treatment ExpensesTemporary Total Disability
References
0
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