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Case Law Database

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

Case No. MISSING
Regular Panel Decision

North American Thought Combine, Inc. v. Kelly

Petitioner North American Thought Combine, Inc. (Thought) sought to confirm an arbitration award against Respondent Kathleen Kelly (Kelly) concerning a contract for exclusive representation of Kelly's artwork. The arbitrator had determined Thought had a continuing right to represent specific licensed properties and receive compensation, but the agreement for all works had expired. Kelly opposed the confirmation, arguing the federal court lacked subject matter jurisdiction as the amount in controversy did not meet the statutory requirement for diversity jurisdiction. The court agreed with Kelly, ruling that the value of the arbitration award itself, not the underlying arbitration claim, determines the amount in controversy for confirmation petitions. As Thought failed to provide competent proof that the value of its continuing rights exceeded $75,000, the court dismissed the petition for lack of federal subject matter jurisdiction.

Arbitration ConfirmationSubject Matter JurisdictionDiversity JurisdictionAmount in ControversyFederal Arbitration ActContract DisputeExclusive AgencyArtwork LicensingFederal Court DismissalSecond Circuit Precedent
References
8
Case No. ADJ9525033
Regular
May 10, 2019

KIMBERLY BARRY vs. DEPARTMENT OF FOOD AND AGRICULTURE, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by the defendant, Department of Food and Agriculture, regarding the calculation of permanent disability ratings for applicant Kimberly Barry's cumulative trauma injury. The defendant contests the method used to combine the applicant's multiple body part impairments, arguing the Combined Values Chart (CVC) should have been used instead of simple addition. The Appeals Board granted reconsideration to further develop the medical record. The Board requires clarification from the Qualified Medical Evaluator on the most accurate method for combining the applicant's kidney and liver impairments.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDepartment of Food and AgricultureState Compensation Insurance FundKimberly BarryAgricultural TechnicianCumulative Trauma InjuryPermanent DisabilityApportionment
References
4
Case No. MISSING
Regular Panel Decision

Atlantic Casualty Insurance v. Value Waterproofing, Inc.

Atlantic Casualty Insurance Company sought a declaratory judgment that it had no duty to defend or indemnify Value Waterproofing, Inc. in an underlying breach of contract and negligence lawsuit. Value counterclaimed, requesting a declaration that Atlantic Casualty was required to defend and indemnify. The court granted Atlantic Casualty's request, finding that Value failed to provide timely notice of the claim, thereby prejudicing Atlantic Casualty's investigation capabilities. Additionally, the court ruled that Value's work on a commercial property was not covered by its residential-only roofing insurance policy, further justifying the denial of coverage.

Insurance disputeBreach of contractNegligenceDeclaratory judgmentTimely noticeCoverage exclusionCommercial General LiabilityResidential roofingPolicy interpretationPrejudice
References
46
Case No. ADJ7181658
Regular
May 13, 2014

Sheriee Borela vs. State of California, Department of Motor Vehicles, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award. The employer challenged the administrative law judge's (ALJ) method of combining orthopedic and psychiatric permanent disability ratings, arguing it should have used the Combined Values Chart (CVC) instead of simple addition. The Board found the ALJ abused her discretion by not applying the CVC without sufficient medical evidence to justify an alternative method. The case was returned for a new permanent disability rating utilizing the CVC.

Workers' Compensation Appeals BoardPermanent Disability RatingCombined Values ChartOrthopedic ImpairmentsPsychiatric ImpairmentsAdditive FashionSchedule for Rating Permanent DisabilitiesAgreed Medical ExaminersWhole Person ImpairmentApportionment
References
2
Case No. ADJ12660754
Regular
Apr 04, 2025

NANCY ARNOLD vs. SUBEQUENT INJURIES BENEFITS TRUST FUND, et. al.

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ's F&A finding the applicant entitled to SIBTF benefits for 100% permanent total disability. SIBTF contended errors regarding findings on prior/subsequent disabilities, psychiatric disability compensability, and the method of combining disabilities. The Appeals Board granted reconsideration, rescinded the F&A, and remanded the case for further proceedings. The trial level must now address the compensability of psyche injury and permanent disability, and the correct application of the Combined Values Chart.

Subsequent Injuries Benefits Trust FundSIBTFpermanent total disabilityprior disabilitysubsequent industrial disabilitypsychiatric disabilitycompensabilityLabor Code section 4660.1Combined Values ChartCVC
References
25
Case No. ADJ10166138
Regular
Apr 07, 2023

MICHAEL DOWLING vs. MANPOWERGROUP, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration. The defendants contended the Administrative Law Judge erred by stating applicant required medical treatment for his left shoulder and wrist, and by finding an $83\%$ permanent disability with a lifetime pension. The Board adopted the WCJ's report, which corrected the clerical error regarding the shoulder and wrist treatment but upheld the permanent disability finding. The WCJ determined the "addition method," rather than the Combined Values Chart, was the most accurate way to combine the applicant's orthopedic and psychiatric impairments based on substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportDenying ReconsiderationAdjudication NumberAdmitted Industrial InjuryCompensable ConsequencesNervous SystemPsycheExcretory System
References
4
Case No. ADJ9171432
Regular
Apr 25, 2016

Kenneth Evanoff vs. CITY OF LOS ANGELES, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves an applicant seeking reconsideration of a workers' compensation award. The applicant, previously awarded 96% permanent disability for a 2007 injury, suffered a subsequent injury in 2012 resulting in prostate cancer. The initial award used the Combined Values Chart to calculate the combined disability at 98%, entitling him to benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The applicant argues the trial judge erred by using the Combined Values Chart and seeks to simply add the disability percentages, leading to a 100% combined disability. The Board granted reconsideration, finding that in the absence of overlapping disabilities, the disabilities should be added, entitling the applicant to a 100% permanent disability rating and remanding for a new award.

Subsequent Injuries Benefits Trust FundSIBTFCumulative Trauma InjuryPermanent DisabilityCombined Values ChartLabor Code section 4664(c)(1)(G)Whole Person ImpairmentWPIDate of InjuryDate of Knowledge
References
1
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. MISSING
Regular Panel Decision

Tanzman v. Tanzman

This matrimonial action addresses the equitable distribution of marital property, specifically the valuation of the plaintiff attorney's contingent personal injury cases. While parties agreed on maintenance and other asset divisions, the method for valuing 146 pending personal injury cases was disputed. The court evaluated whether overhead expenses should reduce the defendant's share of recovered fees and if maintenance required adjustment due to fee recovery. The court ruled against deducting overhead from the defendant's share and mandated a maintenance reduction to prevent 'double-dipping'. Ultimately, a progressive percentage-based valuation method for contingent fee cases, aligning with the defendant's expert's suggestions, was adopted, assigning initial value at case inception and increasing percentages as cases progress.

Matrimonial ActionEquitable DistributionContingent FeesProfessional License ValuationMaintenanceDouble DippingOverhead ExpensesAttorney CompensationCase ValuationPersonal Injury Cases
References
15
Case No. ADJ11183558
Regular
Feb 14, 2020

JAMES P. MARTINEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns an admitted cumulative trauma injury to a correctional officer's neck, back, knees, shoulders, and hypertension. The Workers' Compensation Appeals Board granted reconsideration, finding the original award improperly added hypertension disability to orthopedic disability. The Board determined substantial medical evidence was lacking to justify this additive method over the standard Combined Values Chart (CVC). Consequently, the permanent disability rating was revised from 79% to 72% using the CVC.

Workers' Compensation Appeals BoardCumulative traumaPermanent disability ratingCombined Values ChartAdditive methodOrthopedic disabilitiesHypertensionSubstantial medical evidenceLabor Code sections 4664Labor Code section 4663
References
5
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