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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ8656037
Regular
Mar 18, 2019

STERLING FORBES vs. HARLEM GLOBETROTTERS, TRAVELERS DALLAS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to study factual and legal issues in Sterling Forbes' case against Harlem Globetrotters and Travelers. However, the parties have since negotiated a settlement. Consequently, the WCAB has rescinded the WCJ's August 22, 2017 Findings and Award. The case is returned to the trial level for the WCJ to determine the reasonableness of the proposed settlement.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings and AwardRescindedReturned to Trial LevelWCJReasonableness of SettlementNegotiated SettlementInjured Worker
References
Case No. MON 0336751 MON 0336752
Regular
Feb 14, 2008

ANDREW WEISS vs. INTEGRATED HEALTHCARE HOLDINGS, INC., et al.

This case concerns Andrew Weiss's workers' compensation claims, specifically a Labor Code §132a petition. The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Reconsideration and Removal. The Board adopted the Administrative Law Judge's (ALJ) report, which found that the §132a petition was not settled as part of the applicant's prior civil arbitration settlement. The WCAB also corrected a clerical error in the ALJ's decision heading and noted the defendants' violation of filing rules.

Workers' Compensation Appeals BoardReconsiderationRemovalWCJ ReportLabor Code § 132aPetition for Increased CompensationWrongful TerminationCivil SettlementFull Compromise Settlement & General ReleaseCompromise and Release
References
Case No. ADJ6559962, ADJ6560200
Regular
Jan 21, 2014

ROGELIO AVALOS vs. TONY'S LANDSCAPING, STATE COMPENSATION INSURANCE FUND

The applicant's civil settlement agreement with his employer did not bar his workers' compensation claims because it was not approved by a WCJ, as required by Labor Code section 5001. The language of the civil release was insufficient to waive workers' compensation benefits without WCAB approval. Additionally, factual inaccuracies within the settlement and the applicant's testimony indicate no intent to settle workers' compensation claims. Therefore, the WCAB granted reconsideration, rescinded the prior order, and remanded the case for further proceedings.

WCABPetition for ReconsiderationFindings and OrderSettlement Agreement and Mutual ReleaseLabor Code section 5001Workers' Compensation Appeals BoardWCJSteller v. SearsRoebuck & Co.Whitford v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7688671; ADJ8112129
Regular
Apr 14, 2025

ZACHARY BAZILIUS vs. CITY OF TORRANCE

Applicant Zachary Bazilius and defendant City of Torrance each sought reconsideration of Findings and Order concerning a serious and willful claim under Labor Code section 4553. The WCJ had previously found a violation but deemed it settled by a civil agreement. The Appeals Board rescinded the prior Findings and Order, determining that the WCAB holds exclusive jurisdiction over Section 4553 claims and that civil settlements cannot settle such claims without WCAB approval. The Board also noted that the civil release explicitly excluded workers' compensation claims. The matter is returned to the WCJ for further proceedings to determine if the defendant's conduct constituted a serious and willful violation.

Workers' Compensation Appeals BoardLabor Code Section 4553Serious and Willful MisconductCivil SettlementJurisdictionReconsiderationFindings and OrderExclusive JurisdictionIncreased CompensationCivil Action
References
Case No. ADJ4364152
Regular
Oct 14, 2008

PATRICIA A. NEWTON vs. SBC PACIFIC BELL

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior July 30, 2008 Joint Findings and Order because the applicant's attorney informed the Board that the case was being settled. The case is remanded to the trial level, where the WCJ will either re-issue the original decision if settlement is not finalized within 30 days, or proceed with settlement approval or other appropriate action if settlement papers are timely filed. This order allows the parties to finalize their settlement while preserving their rights.

ReconsiderationRescinded OrderRemandedTrial LevelSettlementTentative SettlementWCJJoint Findings and OrderFinalized SettlementAdministrative Law Judge
References
Case No. ADJ3694053 (SJO 0239468) MF ADJ2554333 (SJO 0247822)
Regular
Jan 27, 2017

JAMES HARRIS vs. TRENDWEST RESORTS, INC./CENDANT CORPORATION, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This case concerns whether a civil settlement for discrimination and harassment also resolved the applicant's workers' compensation claims and whether the defendant should receive credit for the civil recovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the civil release did not settle workers' compensation rights, emphasizing that the release was not submitted for WCAB approval and the applicant credibly testified it did not cover industrial injuries. Citing precedent, the WCAB found that the defendant's wrongful conduct should not benefit from a credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCivil Case SettlementGeneral ReleaseWorkers' Compensation BenefitsDouble RecoveryCredit for Civil RecoveryIndustrial InjuryCardiovascular System
References
Case No. ADJ10077972
Regular
Apr 12, 2017

DAVID MELANSON vs. EDWARD W. SCOTT ELECTRIC COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.

judicial estoppelcollateral estoppelemployer negligencethird-party creditprior adjudicationinconsistent positionsexpert testimonyjury instructionsmotion in liminecivil action
References
Case No. ADJ6708774
Regular
Nov 21, 2012

AVNEET PALAHA vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, Administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to the Department of Transportation (DOT) regarding its claim for credit against applicant Avneet Palaha's workers' compensation benefits. The DOT sought credit for a $305,000 civil settlement Palaha received from her employer for the same alleged sexual harassment and retaliation that led to her workers' compensation claim. The WCJ had denied the credit, interpreting the civil settlement's release clause to exclude workers' compensation claims. However, the Board found the release language preserved the employer's right to seek credit. The matter was returned for further proceedings to determine the extent of the credit, considering employer negligence and offsets for applicant's costs and fees.

Workers' Compensation Appeals BoardReconsiderationCivil SettlementCreditDouble RecoveryEmployer NegligenceMutual ReleaseWorkers' Compensation BenefitsCumulative TraumaPsyche Injury
References
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