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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ10037291
Regular
Apr 01, 2025

Adan Alvarez vs. Victor Manuel Martinez, Justine Marie Martinez

The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a decision that allowed applicant Adan Alvarez to pursue a workers' compensation claim against Victor Manuel Martinez and Justine Marie Martinez despite his failure to file a proof of claim in the employers' bankruptcy proceedings. UEBTF contended that Alvarez was required to file a proof of claim in a Chapter 7 asset bankruptcy. The Appeals Board denied UEBTF's petition, affirming its prior decision. The Board distinguished this case from previous rulings, concluding that an employee's failure to file a proof of claim in bankruptcy is not fatal to their workers' compensation claim if no award exists at the time of the bankruptcy discharge.

UEBTFbankruptcyproof of claimChapter 7 assetChapter 7 no assetdischarge injunctionLabor Code section 3716Ortiz v. Workers' Comp. Appeals Bd.Slali v. RuizWCJ
References
Case No. ADJ6502802
Regular
Feb 28, 2011

JOSE OLIVEIRA vs. RIVER FRONT APARTMENTS, ILLINOIS MIDWEST INSURANCE AGENCY, PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY

This case concerns a maintenance worker's shoulder injury sustained on June 8, 2007. The workers' compensation judge awarded 39% permanent disability based on a qualified medical evaluator's analysis. The defendant argued this analysis, which applied the hernia chapter of the AMA Guides, was flawed and that impairment should be assessed using the upper extremity chapter. After reconsideration, the Appeals Board affirmed the original Findings and Award, adopting the judge's reasoning.

Workers' Compensation Appeals BoardPetition for Reconsiderationindustrial injurymaintenance workerleft shoulderpermanent disabilitypanel qualified medical evaluatorAMA Guides to the Evaluation of Permanent Impairmenthernia chapterWhole Person Impairment
References
Case No. ADJ2502806 (SDO 0295752)
Regular
Jun 06, 2018

Natalia Beck, Kim Fortes vs. TWO GUYS RELOCATION SYSTEM

The Workers' Compensation Appeals Board denied the petitioner's request for removal, deeming it an extraordinary remedy not warranted in this case. The Board found no substantial prejudice or irreparable harm would result from denying removal, nor that reconsideration would be an inadequate remedy. The WCJ's report provided sufficient analysis of the petitioner's arguments, leading to the denial of the petition. Therefore, the matter will proceed without the requested removal.

RemovalPetition for RemovalWCJ ReportSupplemental PleadingSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyCourt Appointed ReceiverChapter 7 Trustee
References
Case No. ANA 0400833
Regular
Aug 18, 2008

WILLIAM GEORGE THOMAS JULIE THOMAS as GUARDIAN AD LITEM and TRUSTEE vs. H&A AUTO, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an award finding industrial injury and permanent total disability. The employer challenged the reliance on the applicant's treating physician's medical reports. The Board affirmed the findings, holding that treating physician reports are admissible under Labor Code sections 4060(b) and 4061.5. The employer failed to rebut the treating physician's opinions by properly invoking independent medical evaluation procedures.

Workers Compensation Appeals BoardGuardian Ad LitemTrusteeIndustrial InjuryAuto MechanicNeck InjuryQuadriplegiaTemporary DisabilityPermanent Total DisabilityTreating Physician
References
Case No. ADJ7567617
Regular
Jun 05, 2015

EDWIN LEE (Decedent), MIJUNG LEE (Guardian ad Litem and Trustee) vs. ABBA BAIL BONDS, STATE COMPENSATION INSURANCE FUND

This case concerns the division of attorney fees awarded from a workers' compensation death settlement. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that undervalued the services of the decedent's initial attorney, Todd Arron. The WCAB found that while Arron's initial efforts were crucial to establishing liability, current attorney Robert Lee handled the bulk of the case. Consequently, the WCAB rescinded the prior award and reallocated the $43,633.33 fee, awarding one-third ($14,544.44) to Arron and two-thirds ($29,088.89) to Lee.

Workers' Compensation Appeals BoardGuardian ad LitemTrusteeAbba Bail BondsState Compensation Insurance FundOrder Approving Compromise and ReleaseAttorney FeesLien ClaimantPetition for ReconsiderationFindings of Fact and Award
References
Case No. ADJ10140589
Regular
Nov 14, 2017

SAUL SALCEDA, JR. (Deceased); ELIZABETH R. SALCEDA, Guardian Ad Litem and Trustee for ELLEN KATE SALCEDA, a minor and NOYLAHNA PHUTSDAY SIBOURIBOUN, a minor vs. DIRECT MOTION, INC.; HANOVER INSURANCE GROUP WORCESTER

This case involves a petition for reconsideration of a denial of workers' compensation benefits for the death of Saul Salceda, Jr. The applicant argued the deceased's fatal injury arose from his employment, but the WCAB affirmed the WCJ's finding that it did not. The WCAB found that while there was a special mutuality between the deceased and his employer, his fatal activities did not benefit the employer directly or indirectly, thus the dual purpose rule was inapplicable. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardGuardian Ad LitemTrusteeFindings and OrderPetition for Reconsiderationnon-compensabledual purpose rulearising out ofcourse of employmentdecedent's death
References
Case No. SAC 0191116 SAC 0191126
Regular
Feb 19, 2008

WILLIAM VILLEMAIRE, Deceased, ROBERTA VILLAMAIRE, Widow, Individually and as Guardian ad Litem and Trustee for TIFFANY A. VILLAMAIRE (minor), WILLIAM A. VILLAMAIRE and TRACY A. VILLAMAIRE vs. CAMPBELL SOUP COMPANY; TRAVELERS INSURANCE COMPANY, et. al.

The Workers' Compensation Appeals Board remanded the case for further proceedings to determine the decedent's average weekly earnings capacity, considering union contract wage increases foreseeable at the time of injury, to establish the proper death benefit rate for minor children. The Board clarified that accrued death benefits owed to a deceased dependent are payable to surviving dependents, not their estate. The original award was rescinded, returning the matter to the trial level for a new decision consistent with the opinion.

Workers' Compensation Appeals BoardDeceased EmployeeSurviving WidowGuardian ad LitemTrusteeSurvivor BenefitsCampbell Soup CompanyTravelers Insurance CompanyOpinion and Decision After ReconsiderationAverage Weekly Earnings
References
Case No. ADJ1034828
Regular
Jan 19, 2000

KELLY JOLLY vs. INPUT 1; CIGA administered by its servicing facility CAMBRIDGE INTEGRATED SERVICES GROUP, INC. for FREMONT COMPENSATION INSURANCE COMPANY; In liquidation; GRANITE STATE INSURANCE COMPANY, by AIG; STATE COMPENSATION INSURANCE FUND; AMERICAN SAFETY CASUALTY, by GALALGHER BASSETT

The Workers' Compensation Appeals Board denied reconsideration in this case. The Board adopted the arbitrator's report, which explained their prior holding. This holding established that CIGA is entitled to pre-litigation benefits from an insolvent carrier but must remit those proceeds to the insolvent carrier's trustee. Therefore, the petition for reconsideration was denied.

CIGAReconsideration DeniedInsolvent CarrierTrusteePre-litigation BenefitsLiquidated Insurance CompanyServicing FacilityWorkers' Compensation Appeals BoardArbitrator ReportAdjudication
References
Case No. 100000000
Regular
Dec 09, 2011

NOEL MORTON (Deceased), CAROLYN MORTON, BRANDON MORTON, LAURA DOUGHERTY as Guardian ad Litem and Trustee for CHEYENNE MORTON, a minor vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, STATE COMPENSATION INSURANCE FUN STATE EMPLOYEES, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM

The applicants seek reconsideration of a decision that set aside an earlier award of death benefits. They argue the trial judge erred in calculating the benefits due and improperly credited payments from the CalPERS "1959 Survivor Benefits program." The Appeals Board granted reconsideration, rescinded both the September 15, 2011 order and the August 18, 2011 award, and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationGuardian ad LitemTrusteeAnnual AwardFindings and AwardWCJDependency BenefitsCalPERS1959 Survivor Benefits
References
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