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

Case No. ADJ9196082 (MF) ADJ10238220
Regular
Oct 02, 2019

JOHN FORKNER vs. SOUTHERN CALIFORNIA EDISON

This case involves a request for additional attorney's fees under Labor Code § 5801 following an unsuccessful writ of review by Southern California Edison. The Appeals Board found the applicant's attorney's requested rate of $450/hour reasonable. Despite the sole appellate issue being the substantiality of a medical opinion, the Board deemed the case of above-average complexity due to extensive briefing and exhibits filed by both parties. Therefore, the Board awarded $18,000.00 in appellate attorney's fees.

Workers' Compensation Appeals BoardSouthern California EdisonPetition for Writ of ReviewLabor Code § 5801attorney's feesappellate attorney's feesAgreed Medical EvaluatorAMEabove average complexityfactual issues
References
1
Case No. 14 Civ. 2740
Regular Panel Decision
Nov 02, 2016

Zorrilla v. Carlson Restaurants Inc.

This document addresses Defendants' motion to dismiss certain state-law claims within a nationwide wage-and-hour collective action. Plaintiffs, tipped employees of T.G.I. Friday's, alleged violations of labor laws in multiple states. The claims involved tip-pooling in New Jersey, uniform maintenance in Connecticut, tip-credits in Michigan, and various California Unfair Competition Law and Labor Code provisions. The Court granted the motion to dismiss the New Jersey, Connecticut, Michigan, and some California UCL claims, but denied dismissal for other California UCL claims and all California Labor Code claims. The decision also found that some California Labor Code claims related back to the original complaint, narrowing the scope of the ongoing litigation.

Wage and HourCollective ActionFair Labor Standards ActTip PoolingUniform ExpensesTip CreditUnfair Competition LawCalifornia Labor CodeStatute of LimitationsRelation Back Doctrine
References
41
Case No. ADJ1499047 (SAC 0273786)
Regular
Feb 07, 2011

ROBERT DOVE vs. CONTRACTOR'S LABOR POOL/PRODUCTION FRAMING, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, LIBERTY MUTUAL

The Appeals Board granted the applicant's petition for removal, reversing a prior order that denied rejoining CIGA. The applicant sustained a shoulder and spine injury and claims psychiatric sequelae, alleging general employment by Contractors Labor Pool (CLP), insured by CIGA via California Compensation Insurance Company in liquidation, and special employment by Production Framing Systems (PFS), insured by Liberty Mutual. Because the applicant may have worked for CLP for over six months but less than six months for PFS, CIGA is a necessary party to determine liability for potential psychiatric injury, as Labor Code section 3208.3(d) has specific six-month employment requirements. The Board rejoined CIGA to protect its due process rights and promote judicial economy, allowing it to participate in the adjudication of these complex liability issues.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceGeneral EmploymentSpecial EmploymentCalifornia Insurance Guarantee Association (CIGA)Labor Code Section 3208.3(d)Psychiatric InjuryLiberty Mutual Insurance CompanyContractors Labor Pool
References
1
Case No. ADJ6671169
Regular
Oct 16, 2013

Christian Fauria vs. Carolina Panthers, Great Divide Insurance Co., Berkley Specialty Underwriting Managers, LLC, Washington Redskins, ESIS Insurance, New England Patriots, Liberty Mutual Insurance Co., Travelers Indemnity Co., Golf Insurance Co., Seattle Seahawks

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding California jurisdiction over Christian Fauria's claim due to lack of "regular employment" in California, as defined by Labor Code Section 3600.5(a). The case was remanded to the trial level to determine if jurisdiction exists based on injuries sustained within California or if the contract of hire was made in California, as per Labor Code Section 5305. The WCAB also instructed the judge to address all issues, including apportionment and liability periods under Labor Code Section 5500.5. The decision highlights the need for substantial evidence to establish jurisdiction and injury contribution within the state.

Workers' Compensation Appeals BoardChristian FauriaProfessional AthleteIndustrial InjuryPermanent DisabilityFurther Medical TreatmentLabor Code Section 3600.5(a)Statute of LimitationsLabor Code Section 5500.5Jurisdiction
References
29
Case No. ADJ10351910
Regular
Aug 09, 2017

SELENA MCINTOSH vs. MILITARY DEPARTMENT OF THE STATE OF CALIFORNIA, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns whether a California Army National Guard member injured during "active duty for training" under federal Title 10 is eligible for California workers' compensation benefits. The Board found that California Military and Veterans Code Section 340(b) expressly prohibits state workers' compensation benefits for service performed under Title 10. Therefore, the applicant cannot collect benefits under Division 4 of the Labor Code. While the applicant's VA benefits were denied, her recourse was to appeal that denial, not to pursue state workers' compensation.

Military Departmentlegally uninsuredState Compensation Insurance FundTitle 10Labor Code Division 4Petition for ReconsiderationFindings of FactWCJpsyche injurysexual assault
References
16
Case No. ADJ1303018 (ANA 0382837)
Regular
May 18, 2009

GEORGE T. JOHNSON vs. NEW JERSEY NETS, INA/ACE USA, SEATTLE SUPERSONICS, WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior ruling finding California had jurisdiction over Washington State Department of Labor & Industries (Washington L&I) in a claim by former NBA player George T. Johnson. The WCAB determined personal jurisdiction over Washington L&I was not established and that the issue is moot unless Washington L&I was duly authorized to provide workers' compensation insurance in California per Labor Code section 3700. The case is returned to the trial level to determine if the employer, Seattle Supersonics, was lawfully insured or self-insured in California during the alleged injury period, which could result in Seattle being held liable as an uninsured employer.

Workers' Compensation Appeals BoardWashington State Department of Labor & IndustriesSeattle Supersonicsjurisdictionsubject matter jurisdictionpersonal jurisdictioncumulative trauma injuryprofessional basketball playeruninsured employerduly authorized insurer
References
11
Case No. ADJ2852962 (SFO 0492897)
Regular
Jul 07, 2011

Francisco Torres vs. Foundation & Earth Retaining Systems, California Insurance Company

The Court of Appeal denied the defendant's petition for writ of review and found no reasonable basis for it. Consequently, the case was remanded for the Workers' Compensation Appeals Board (WCAB) to award supplemental attorney's fees under Labor Code § 5801. The WCAB awarded $7,500 in attorney's fees, finding the requested amount excessive and the submitted time records insufficiently detailed despite the penal nature of the statute. The WCAB also awarded $229.96 in appellate costs.

Supplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewReasonable Attorney's FeeAppellate CostsLabor Code § 5811No Reasonable BasisPenal AspectUnverified Time RecordsExcessive Fees
References
1
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ1034572
Regular
Apr 08, 2013

TROY BOWEN vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA

The Workers' Compensation Appeals Board denied reconsideration of a decision by an Administrative Law Judge (WCJ). The applicant, Troy Bowen, alleged his employer, the Regents of the University of California, violated Labor Code § 132a by retaliating against him, leading to his termination. The WCJ found the applicant's allegations of discrimination and his version of events not credible. The Board adopted the WCJ's report, deferring to the judge's credibility determinations, and found no violation of Labor Code § 132a based on the evidence.

Labor Code § 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJcredibility determinationdiscriminationretaliatory conductterminationrestricted areaindustrial injury
References
5
Case No. SRO 112972
Regular
Jun 12, 2008

STELLA JUAREZ vs. ARTERIAL VASCULAR ENGINEERING, NELSON STAFFING, CENTRE INSURANCE COMPANY by REM, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by BROADSPIRE for CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation

The California Insurance Guarantee Association (CIGA) has the right to seek contribution from Centre Insurance Company for workers' compensation benefits paid to an applicant with a cumulative trauma injury. CIGA's claim is not barred by the one-year limitation period for employer contribution claims under Labor Code section 5500.5(e), as CIGA is not an employer and Centre is considered "other insurance" under Insurance Code section 1063.1(c)(9). Therefore, the Appeals Board granted CIGA's petition for reconsideration and reversed the arbitrator's decision, awarding CIGA contribution from Centre.

CIGAContributionReconsiderationFindings Award and OrderLabor Code section 5500.5Insurance Code section 1063.1(c)(9)Cumulative TraumaGeneral EmployerSpecial EmployerOther Insurance
References
8
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