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

Case No. ADJ11276421
Regular
Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors
References
Case No. ADJ123485
Regular
Aug 21, 2014

AUGUSTINE BARRAGAN vs. MISSION BUILDERS HOME IMPROVEMENT, LP, CALIFORNIA INSURANCE COMPANY, KUKLAKI, INC, VICTORIA STATHIS, SAN DIEGO ROOFING, INC, GARY LOUGIAKIS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves applicant Augustine Barragan against multiple defendants, including Mission Builders Home Improvement, LP and Kukliki, Inc. (dba San Diego Roofing), which are uninsured. The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order Granting Petition for Reconsideration. Pending a Decision After Reconsideration, all future filings and communications must be submitted in writing directly to the WCAB Commissioners' Office in San Francisco, not to any district office or via e-filing.

Augustine BarraganMission Builders Home Improvement LPCalifornia Insurance CompanyKuklaki Inc.San Diego Roofing Inc.uninsuredVictoria StathisGary LougiakisUninsured Employers Benefits Trust FundPetition for Reconsideration
References
Case No. ADJ4255365 (OAK 0310034)
Regular
Dec 05, 2013

KEITH FRESE vs. CAMERON BUILDERS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed a finding of 100% permanent disability for an industrial back injury, reversing its earlier finding regarding apportionment. The agreed medical examiner's apportionment opinion was deemed insufficient as it failed to explain the basis or specific percentage of non-industrial contribution to the current disability. The defendant failed to meet its burden of proof for apportionment. Applicant presented substantial evidence of an inability to return to the labor market due to the injury.

Workers Compensation Appeals BoardKeith FreseCameron Builders Inc.State Compensation Insurance FundOpinion and Decision After ReconsiderationIndustrial InjuryBack InjurySleep ImpairmentCarpenterTotal Permanent Disability
References
Case No. MON 0304723
Regular
Jul 15, 2008

KHALIL TANTAWI vs. UNIFORMS, INC., MICROSOURCE MANAGEMENT, INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIM SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision that Granite State Insurance Company and State Compensation Insurance Fund only covered clerical and outside sales staff for Microsource Management, Inc. The Board found the arbitrator's decision lacked required express findings of fact and a determination of rights, and rescinded the decision. The case is returned to the trial level for further development of evidence regarding the applicant's exact job role on the date of injury and to issue a new decision with proper findings and an order.

Workers Compensation Appeals BoardKhalil TantawiUniforms IncMicrosource Management IncGranite State Insurance CompanyAIG Claim Services IncState Compensation Insurance Fundspecial employergeneral employeroutside salesperson
References
Case No. ADJ3004293
Regular
May 15, 2009

JOHN M. WILLIAMS vs. RE-BUILDERS, INC., dba RE-BUILDERS NORTH BAY and STATE COMPENSATION INSURANCE FUND, LABOR CONNECTION, INC., CAMBRIDGE INTEGRATED SERVICES GROUP, INC., CIGA for RELIANCE INSURANCE

This case concerns CIGA's liability for an applicant's workers' compensation benefits after the general employer's insurer became insolvent. The Workers' Compensation Appeals Board (WCAB) overturned a prior finding, ruling that the special employer's SCIF policy constituted "other insurance." Therefore, under Insurance Code section 1063.1(c)(9)(A), CIGA is relieved of liability. The matter was returned for determination of reimbursement between CIGA and SCIF.

CIGASCIFgeneral employerspecial employerLabor ConnectionRe-BuildersInc.Reliance Insuranceother insuranceInsurance Code section 1063.1(c)(9)(A)
References
Case No. ADJ10334027
Regular
Feb 24, 2017

MAURICIO VALENCIA ALEJANDRE vs. AEROGROUND INC, XL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by the defendant, Aeroground Inc., challenging an Order setting a trial date. The defendant argued a due process violation due to not being allowed to file a pre-trial conference statement after missing a prior hearing. However, the parties subsequently submitted a Compromise and Release agreement that was approved. Consequently, the Board dismissed the Petition for Removal as moot because the case was resolved.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderPre-trial conference statementDue process violationCompromise and ReleaseOrder Approving Compromise and ReleaseDismissedAdministrative Law JudgeAEROGROUND INC
References
Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
Case No. ADJ296898 (LAO 0859148) ADJ1245833 (LAO 0882864)
Regular
Aug 28, 2013

GEORGINA HERNANDEZ vs. PIONEER TRADING, INC./OMNI FOODS, GRANITE STATE INSURANCE COMPANY, as administered by CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board denied Pioneer Trading, Inc.'s petition for reconsideration in this matter. The Board adopted the WCJ's report, noting that the original award did not preclude a compromise and release. Furthermore, over a month had passed since the petition without a settlement being filed, and no effort was made to inform the WCJ of the alleged settlement agreement.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Awardcompromise and releaseadministrative law judgeWCJsettlement agreementverified petitionDENIEDGEORGINA HERNANDEZ
References
Case No. ADJ7976729
Regular
Dec 29, 2017

DARRELL YOUNG vs. SOLARPONICS, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant, Darrell Young, whose Petition for Reconsideration and Removal has been denied by the Workers' Compensation Appeals Board. The Board adopted and incorporated the report of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. Consequently, reconsideration is denied, and the removal is dismissed.

Workers' Compensation Appeals BoardReconsiderationRemovalWCJ reportdenying reconsiderationdismissing removalSOLARPONICSINC.GALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ7534090
Regular
Oct 09, 2017

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board reconsidered a WCJ's decision regarding a lien claim for interpreting services. While affirming the finding that the lien was not time-barred, the Board amended the order to clarify that the lien claimant is not entitled to Labor Code section 5814 penalties. Jurisdiction was reserved at the trial level to determine potential penalties under Labor Code section 4622 for services related to medical-legal evaluations. This amendment aligns with the principle that Section 5814 penalties are payable to the applicant, not the lien claimant, and were likely resolved by the applicant's Compromise and Release.

Workers' Compensation Appeals BoardAleksey VolosevichShane Alexander CustomInc.York Risk Services GroupInc.ADJ7534090Opinion and Decision After ReconsiderationGalilei Global Interpretersstatute of limitations
References
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