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

Case No. LAO 0879648
Regular
Jun 09, 2008

ANTO'NIO GONZALEZ vs. ASH, AMIR LANKARANI dba ANAHEIM CAR WASH

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Antonio Gonzalez was an employee of Anaheim Car Wash when he was injured. The Board adopted the administrative law judge's report, which found the applicant credible and the employer not credible. The judge determined that Gonzalez was hired to provide services for a daily wage, fulfilling the definition of an employee.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportLabor Code section 5313credibility findingGarza v. Workmen's Comp. Appeals Bd.employment disputeAnaheim Car WashAntonio GonzalezAmir Lankarani
References
Case No. ADJ6991535
Regular
Dec 24, 2013

SILVER HERNANDEZ vs. QUALITY CAR CONNECTION, INC., PRESERVER INSURANCE COMPANY, administered by TOWER GROUP COMPANIES (formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA)

This is a final order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration. The WCAB adopted the findings of the administrative law judge, finding no basis to overturn the original decision. The specific details of the original decision are not provided in this excerpt, but the petition for reconsideration by the applicant, Silver Hernandez, was unsuccessful. Therefore, the defendants, Quality Car Connection, Inc. and its insurer, remain the prevailing parties regarding the WCAB's denial of the petition.

Petition for ReconsiderationAdministrative Law Judge ReportDeny ReconsiderationWorkers' Compensation Appeals BoardQuality Car ConnectionPreserver Insurance CompanyTower Group CompaniesSpecialty Underwriters Alliance/SUAADJ6991535Los Angeles District Office
References
Case No. ADJ7336300
Regular
Feb 19, 2014

EMANUEL AGUILAR vs. BHS CORRUGATED NORTH AMERICA, INC.; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding of injury AOE/COE for Emanuel Aguilar. The Board found that Aguilar's injury, sustained in a rental car returning from an unpaid lunch break, was not compensable under the "going and coming rule" and its "lunch rule" extension. The WCAB determined that the employer's provision of the rental car to a co-employee, even if for business benefit, did not extend coverage to Aguilar during his personal, off-premises lunch. Commissioner Brass dissented, arguing the injury should be compensable due to employer benefit and the liberal construction of workers' compensation laws.

AOE/COEgoing and coming rulelunch ruleemployer's premisesrental carunpaid lunch breakmotor vehicle accidentspecial mission exceptioncompensabilityPetition for Reconsideration
References
Case No. ADJ7253662, ADJ7254554
Regular
Sep 02, 2012

Guillermo Rivera vs. Cal Scan Trade Company/Villa Auto Sales, ACE USA, Preferred Employers

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Guillermo Rivera did not sustain an injury arising out of and in the course of employment. The Board adopted the Workers' Compensation Judge's (WCJ) report, which found the employer's witness more credible regarding job duties and the reported incident. Key factors for the WCJ's decision included the applicant's lack of timely medical treatment, the credibility of the applicant's testimony compared to the employer's witness, and the insufficient reasoning in the medical report. The Board gave great weight to the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingLabor Code section 5903Adjudication of ClaimCar SalesmanInjury Arising Out of and Occurring in the Course of EmploymentMedical EvidenceJob Duties
References
Case No. ADJ9176321
Regular
May 21, 2014

CAMILO MORALES vs. BLESSINGS HAND CAR WASH, HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board denied Camilo Morales's petition for reconsideration of a finding of no injury. The judge found the applicant lacked credibility, noting he failed to return to work after being asked for a doctor's note, despite claiming he needed the job and could perform modified duties. Medical reports were deemed unsubstantial due to a lack of signatures and potentially false history. The supervisor's credible testimony further supported the employer's denial of injury.

WCABPetition for ReconsiderationAOE/COEcredibilitycontinuous traumacar washerdoctor's notemodified workunsigned medical reportsfalse history
References
Case No. ADJ8550333
Regular
May 15, 2015

STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

Petition for ReconsiderationFindings of FactOrderOpinion on DecisionAOE/COEgoing and coming rulepersonal comfort doctrinepaid breakemployer's permissionprospecting
References
Case No. ADJ309225
Regular
Dec 23, 2009

NATALIE DELGADO PATERRA vs. SDFC MANAGEMENT, ZENITH INSURANCE COMPANY

The WCJ denied reconsideration, finding the applicant's car accident injury was not a compensable consequence of her prior industrial injury. The applicant failed to establish that her deviation from a planned doctor's appointment to have breakfast with her sisters was unsubstantial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.credibility findingFindings & Award and Orderscompensable consequenceadmitted industrial injurylower back injurysurgical technician
References
Case No. ADJ9099900
Regular
May 04, 2015

JESSEKA BETTS vs. YMCA OF THE EAST VALLEY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming a prior award. The applicant, a YMCA site director, sustained injuries in a car accident while en route to a work-related meeting. The Board found that the "required vehicle exception" to the going and coming rule applied, as the applicant was required to use her personal vehicle for her job duties, for which she was reimbursed mileage. Therefore, her injuries were deemed to have arisen out of and in the course of employment.

Workers' Compensation Appeals Boardgoing and coming defenserequired vehicle exceptionmaterial deviationwork-related meetingmileage reimbursementsplit shiftssite directorcar insurancelicensing inspection
References
Case No. ADJ10954204
Regular
Sep 15, 2022

MARIA FLORES vs. PINNACLE HEALTH CORP., SUMMARY OF EVIDENCE INSURANCE COMPANY OF THE WEST, AFFINITY HOME HEALTH CARE SERVICES, FALLS LAKE FIRE & CASUALTY INSURANCE, SEDGWICK CMS, HOME HEALTH CARE SOLUTIONS, INC.

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Home Health Care Solutions. The applicant, an LVN, was injured in a car accident while traveling between patients for multiple agencies. The Board adopted the WCJ's report, which found the injury arose out of and occurred in the course of employment for Home Health Care Solutions. This decision was based on the fact that the applicant was required to use her own vehicle, which extended the employer-employee relationship beyond direct service. The WCJ also found the going and coming rule did not bar the claim due to the required use of transportation between patient locations.

Workers' Compensation Appeals BoardPetition for ReconsiderationGoing and Coming RuleAOE/COELVNCar AccidentAutomobile ExceptionTransitEmployment RelationshipRequired Vehicle Use
References
Case No. SJO 0251644
Significant
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Workers' Compensation Appeals Board, in an en banc decision, reconsiders and reverses its prior ruling, holding that for pre-2005 injury claims, the 1997 Schedule for Rating Permanent Disabilities applies only if a pre-2005 comprehensive medical-legal report or a treating physician's report explicitly indicates the existence of permanent disability. The Board affirmed the original judge's decision to apply the 2005 Schedule in this case.

Workers Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesSJO 0251644Opinion and Order Granting ReconsiderationEn Banc1997 Schedule2005 Schedule
References
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