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

Case No. ADJ18302905
Regular
Jul 25, 2025

CHRISTIAN CHAVEZ vs. JETBLUE AIRWAYS CORPORATION, STARR INDEMNITY AND LIABILITY COMPANY

Defendant sought reconsideration of a Findings and Order (F&O) issued on April 15, 2025, by a workers' compensation administrative law judge (WCJ). The WCJ found that the applicant, Christian Chavez, sustained an injury arising out of and in the course of his employment, and that this injury was not barred by the going and coming rule, based on the special risk exception. Defendant contended that there was no evidence to support the application of the special risk exception. The Workers' Compensation Appeals Board reviewed the petition, applicant's answer, and the WCJ's report, ultimately denying the petition for reconsideration and concurring with the WCJ's findings regarding the special risk exception.

Workers Compensation Appeals BoardChristian ChavezJetBlue Airways CorporationStarr Indemnity and Liability CompanyAdjudication Number ADJ18302905Los Angeles District OfficePetition for ReconsiderationFindings and OrderArising out of and in the course of employment (AOE/COE)Going and coming rule
References
Case No. ADJ3361459
Regular
Oct 15, 2012

Christiane Flynn vs. YOLANDA'S OF VENTURA, AMERICAN HOME ASSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Christiane Flynn's injury. The applicant sustained injuries including right shoulder, brachial nerve, upper extremities, thoracic outlet syndrome, complex regional pain syndrome, psyche, and fibromyalgia. Her permanent disability was found to be 100% total, entitling her to weekly indemnity payments. A substantial attorney fee of $47,451.89 was deemed reasonable and ordered payable.

Christiane FlynnYolanda's of VenturaAmerican Home AssuranceAIG Claim ServicesADJ3361459VEN 0112129ReconsiderationAdministrative Law JudgeWaitressOccupational Group 322
References
Case No. ADJ9455597
Regular
Nov 09, 2015

MISAEL CHAVEZ vs. BRENT REDMOND TRANSPORTATION, INC., DISCOVER RE

This case involves applicant Misael Chavez seeking reconsideration of a decision by the Workers' Compensation Appeals Board (WCAB) filed on August 24, 2015. The WCAB has granted reconsideration to allow further study of the factual and legal issues presented. This action is deemed necessary to ensure a complete understanding of the record and to issue a just and reasoned decision. All future correspondence related to the petition for reconsideration must be filed directly with the WCAB Commissioners in San Francisco, not with district offices or electronically.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBrent Redmond TransportationDiscover ReCottingham & Butler Claim ServicesMisael ChavezADJ9455597Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ4096872
Regular
Nov 15, 2012

RAYMUNDO CHAVEZ vs. OAKHURST INDUSTRIES, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns applicant Raymundo Chavez's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied his petition, upholding the judge's finding of industrial injury to the low back and psyche, but not internal systems or sleep disorder. The applicant challenged the permanent disability rating for his psychiatric injury and the denial of his internal and sleep disorder claims, arguing the judge should have relied on specific physician reports. The Board found the applicant's treating physician's report on internal/sleep issues lacked substantial evidence, and that the judge properly exercised discretion in favoring one psychiatric report over another.

Workers Compensation Appeals BoardRaymundo ChavezOakhurst IndustriesTravelers Property Casualty Company of AmericaFindings of Fact and Awardindustrial injurylow backpsychepermanent disabilityapportionment
References
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
Case No. ADJ6532007
Regular
Apr 30, 2010

MANUEL CHAVEZ vs. TERRA UNIVERSAL, EMPLOYERS DIRECT CLAIMS THOU OAKS

The Workers' Compensation Appeals Board denied reconsideration of a decision in favor of applicant Manuel Chavez. The Board adopted the Administrative Law Judge's (ALJ) report, which found it more likely than not that Chavez was terminated because he filed a workers' compensation claim form. The ALJ gave great weight to Chavez's credible testimony regarding the timing of his termination and the inconsistencies in the employer's stated reasons for it. The Board affirmed the ALJ's credibility determination, leading to the denial of the defendant's petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Findings of Fact and AwardEAMSClaim FormTerminationLast Day of Work
References
Case No. ADJ6799286
Regular
Feb 08, 2013

OLEGARIO CHAVEZ vs. REINALDA FLORES GARCIA, FARMERS INSURANCE EXCHANGE

This Workers' Compensation Appeals Board (WCAB) case, ADJ6799286, involved a petition for reconsideration filed by Olegario Chavez. The WCAB dismissed Chavez's petition because it was both unverified and not timely filed. Even if the petition had been properly filed, the WCAB would have denied it on its merits, adopting the reasoning of the WCJ.

Petition for ReconsiderationDismissal OrderUnverified PetitionUntimely FilingWCJ ReportAdopted ReportDenied PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeLong Beach District Office
References
Case No. ADJ3995603 (MON 0246737), ADJ534884 (MON 0245064), ADJ4048703 (MON 0246736)
Regular
Jun 02, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INDEMNITY

The Workers' Compensation Appeals Board (WCAB) dismissed Herminegilda Chavez's petition for reconsideration because it was not taken from a "final" order. The WCAB explained that intermediate procedural or evidentiary decisions are not considered final. Additionally, the WCAB denied Chavez's petition for removal, as she failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. Therefore, the WCAB found no basis to grant extraordinary relief through removal.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueIntermediate Procedural OrderEvidentiary DecisionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
Case No. ADJ6939522
Regular
Jun 13, 2013

ESMERALDA CHAVEZ vs. ELITE RESTAURANT CONCEPTS, doing business as RALLY'S HAMBURGERS, FIRST COMP OMAHA for SOUTHERN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB rescinded the administrative law judge's (WCJ) decision and returned the case for further proceedings and a new decision by the WCJ. This action does not constitute a final determination on the merits of the applicant's claim.

Esmeralda ChavezElite Restaurant ConceptsRally's HamburgersFirst Comp OmahaSouthern Insurance CompanyADJ6939522Long Beach District OfficeOpinion and Order Granting ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ704709 (RIV 0053815)
Regular
Sep 08, 2009

RAMON CHAVEZ vs. RANCHO MIRAGE COUNTRY CLUB, FEDERAL INSURANCE c/o CHUBB SERVICES, MITSUI SUMITOMO, AMERICAN NATIONAL FIRE, INCORPORATED, INSURANCE COMPANY OF NORTH AMERICA by and through ACE, USA/ESIS

This case concerns a workers' compensation claim settled via Compromise and Release, leaving medical lien claims outstanding. The defendant insurer, Federal, sought to join other insurers (INA and American) based on new evidence regarding the period of injurious exposure. The trial judge dismissed INA and American, finding Federal's claims barred by the statute of limitations for contribution. The Appeals Board granted reconsideration, holding that Federal was not seeking contribution but rather defending against a lien claim, making dismissal improper. The matter was returned to the trial level to determine liability for the medical treatment expenses.

Workers' Compensation Appeals BoardRamon ChavezRancho Mirage Country ClubFederal InsuranceMitsui SumitomoInsurance Company of North AmericaACE USA ESISLabor Code Section 5500.5(e)Statute of LimitationsApportionment
References
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