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

Case No. ADJ19575926
Regular
Jun 30, 2025

MIGUEL ENRIQUE MARTINEZ CASTILLO vs. AROSA HOME CARE, NORTH RIVER INSURANCE COMPANY

Defendant sought reconsideration of the WCJ's finding that applicant, a caregiver, sustained an industrial injury to multiple body parts while employed. Defendant argued for re-opening the record to present new evidence and contended that the injury occurred after the applicant clocked out, thus not arising from employment, and questioned applicant's credibility. The Appeals Board denied the petition, finding insufficient diligence for new evidence and concluding that clocking out did not negate the industrial nature of the injury as applicant was still performing duties incidental to his employment on the premises. The Board affirmed the WCJ's credibility findings.

Industrial injuryCaregiverClocking outCourse of employmentArising out of employmentPetition for reconsiderationReopen recordNew evidenceMandatory settlement conferenceDiscovery
References
Case No. BAK 0141892
Regular
Apr 22, 2008

CHARLES E. BRYANT, JR. vs. WILLIAM F. RENFROW and CAROLYN S. RENFROW, individual shareholders of PUBLIX MOTORS, INC. dba PRO AUTO SALES AND LEASING

This case concerns whether applicant, injured while helping move a stove at the sole shareholders' residence, was an employee of the auto dealership or the individuals. The Appeals Board affirmed the WCJ's finding that the applicant was an employee of the auto dealership at the time of injury. This determination was based on credible testimony that the applicant was directed by his supervisor (and son of the shareholders) to perform the task and would be "on the clock" for the dealership, establishing an employer-employee relationship for the purpose of workers' compensation.

Workers' Compensation Appeals BoardIndustrial InjuryEmployer LiabilityCorporate VeilDual EmploymentPersonal ActVolunteer StatusCredibility FindingsOn the ClockCorporate Employer
References
Case No. ADJ7555676
Regular
May 13, 2013

CARLOS LUNA CASTILLO vs. COASTAL CIRCUITS, REPUBLIC INDEMINITY ENCINO

The Workers' Compensation Appeals Board denied reconsideration of the applicant's petition. The applicant sought to increase his average weekly earnings from $360.93, claiming he worked more hours than recorded and alleging employer perjury based on civil court documents. The Board adopted the WCJ's report, which found the applicant failed to meet his burden of proof due to inconsistencies in his own evidence and unsubmitted civil court records. The Board also denied the request to submit supplemental petition materials.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeAverage Weekly EarningsSubstantial EvidencePerjured TestimonyJudicial NoticeSuperior Court DocumentsBreach of ContractADP Records
References
Case No. ADJ8739446
Regular
Aug 26, 2014

SAMUEL TAPIA, JR. vs. GOLDEN STATE HEALTH CENTERS, INC., dba SYLMAR HEALTH AND REHABILITATION CENTERS, Permissibly Self-Insured; METRO RISK MANAGEMENT

This case concerns a workers' compensation claim where the applicant sustained an injury during a workplace "dog pile." The initial decision denied the claim, finding it barred by the horseplay defense. On reconsideration, the Appeals Board found the applicant to be a non-participant, despite evidence of prior similar incidents and alleged invitations, and therefore not barred from recovery. The Board rescinded the original denial and found the injury to be industrial, though one Commissioner dissented, deferring to the WCJ's credibility findings that the applicant was a participant.

horseplay defenseindustrial injuryco-workersinstigatorsinnocent bystanderdog pileskylarkingemployer awarenessclocked outWCJ credibility
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. ADJ6603653
Regular
Mar 29, 2010

PEGGY MILLER vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

This case concerns applicant Peggy Miller's claim for a psychiatric injury allegedly arising from a verbal dispute with her supervisor over medication administration. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration of a prior finding that her injury was not compensable. The WCAB majority adopted the judge's report concluding the incident was a lawful, non-discriminatory, good faith personnel action and not a compensable industrial injury. However, one commissioner dissented, arguing the supervisor's directive to administer medication contrary to physician's orders was unlawful, thus not a "lawful, nondiscriminatory, good faith personnel action" under Labor Code section 3208.3(h).

Workers' Compensation Appeals BoardPsychiatric injuryVerbal exchange24 hour clockMedication administrationShift supervisorPersonnel actionLawfulNondiscriminatoryBad faith
References
Case No. ADJ369276
Regular
Mar 21, 2012

JEREMY NEWBERRY vs. CHARGERS FOOTBALL CLUB, LLC dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY c/o BERKELEY SPECIALTY UNDERWRITING MANAGERS

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal as untimely because it was filed on January 6, 2012, exceeding the January 3, 2012 deadline. Even if timely, the petition would have been denied on the merits. The petitioner failed to request automatic reassignment within the required five days of the November 15, 2011 notice of hearing. The WCAB clarified that an improper "expedited hearing" designation does not restart the reassignment clock.

WCABPetition for RemovalDismissedWCJAutomatic ReassignmentTimelinessPre-trial ConferenceExpedited HearingNotice of HearingService by Mail
References
Case No. ADJ11407589
Regular
Jun 25, 2019

RICARDO PENA vs. 99 CENTS ONLY STORES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming that the applicant's assault in the employer's unlit parking lot arose out of and occurred in the course of employment. The Board found the assault was random and not personal, thus not barring compensation. The applicant was injured shortly after clocking out, and the employer's premises, including the dark parking lot, created a zone of risk. The Board deferred to the judge's credibility determination regarding the applicant's testimony.

Workers' Compensation Appeals BoardRicardo Pena99 Cents Only StoresBroadspire ServicesADJ11407589Petition for ReconsiderationFindings of FactWCJInjury arising out of and in the course of employmentEmployer's parking lot
References
Case No. ADJ10362379
Regular
Jan 17, 2017

RANDY RAMIREZ vs. ANDRIAN, INC.; EVEREST NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant challenged a finding that the applicant truck driver was at work on the date of his claimed injury, arguing the judge's reasoning was flawed. However, the Board found the defendant failed to meet its burden of proof, particularly by not producing definitive payroll or clock-in records to disprove the applicant's testimony. The Board adopted the judge's reasoning that it was improbable an employee would fabricate an injury on a non-work day, especially when the employer possessed superior documentation control and failed to produce it.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgePost-termination claimsBurden of proofCredibility of witnessesDocumentary evidencePayroll recordsSubstantive liability
References
Case No. ADJ7987695 ADJ7987686
Regular
May 08, 2014

VANESSA BRUCE vs. VALLEY HEALTH SYSTEM/PHYSICIANS FOR HEALTHY HOSPITALS; CRUM & FORSTER AND TRISTAR RISK MANAGEMENT

The applicant, a licensed vocational nurse, sought workers' compensation for injuries sustained when she fell asleep driving home after working three extra hours off the clock due to a coworker's issue. The Workers' Compensation Appeals Board (WCAB) denied her petition for reconsideration. The WCAB found the injury did not arise out of or occur in the course of employment, as the "going and coming rule" applied and neither the "special mission" nor "special risk" exceptions were met. The applicant's decision to stay late was voluntary, not at the employer's request, and falling asleep while driving is a common risk, not a special employment-related hazard.

Workers' Compensation Appeals BoardLicensed Vocational NurseSpecific InjuryNeck InjuryBack InjuryHeadachesCumulative InjurySleep DisorderGoing and Coming RuleSpecial Mission Exception
References
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