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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7437756
Regular
Mar 23, 2012

Antonio Parvool vs. TONY'S FOOD SERVICE, TRAVELERS INDEMNITY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, finding that applicant Antonio Parvool sustained an industrial injury while employed as a chef's assistant and traveling for his employer. The Board overturned the original finding that the applicant's dive into a pool at an employer-provided hotel was not work-related, applying the "commercial traveler rule." This rule presumes an employee is acting within the scope of employment during business travel, including activities reasonably necessary for comfort. The Board clarified that Labor Code section 3600(a)(9) regarding recreational activities does not apply to commercial travelers.

Commercial traveler ruleIndustrial injuryCourse of employmentReconsiderationFindings and OrdersLabor Code section 3600(a)(9)Reasonable expectancyImpliedly requiredWCJOff-duty recreational activity
References
Case No. ADJ7516841
Regular
Mar 05, 2012

KAREN SHAW vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA

This case concerns applicant Karen Shaw's claim for workers' compensation benefits after she slipped and broke her wrist and ankle while walking to a bookstore in San Francisco. The defendant, Cast & Crew Entertainment Services, Inc., argued the injury was not compensable, citing the going-and-coming rule and the bunkhouse rule. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that Shaw's injury arose out of and in the course of her employment under the commercial traveler rule. The Board determined that Shaw's walk, while on an extended business trip and on call, was a reasonable expectancy of her employment, even if considered personal activity.

Workers' Compensation Appeals BoardKaren ShawCast & Crew Entertainment ServicesInc.Zurich North AmericaADJ7516841San Franciscogoing and coming rulebunkhouse ruleMotion Picture Health Plan
References
Case No. ADJ14015513
Regular
Feb 15, 2023

BRADEN NANEZ vs. 3 STONEDEGGS, INC., TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Appeals Board rescinded the initial Findings and Order, finding the applicant's petition for reconsideration was timely due to defective service. The Board applied the commercial traveler rule, determining the applicant's injury arose out of and in the course of employment. The claim is not barred by the going and coming rule or intoxication, and the applicant sustained a fractured right femur. Issues of traumatic brain injury and bruised lung are deferred for further proceedings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and OrderApplicantEmployerAdjustedAdjudication NumberRedding District OfficeInjury Arising Out of and In the Course of Employment (AOE/COE)
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. ADJ9997985, ADJ9997986, ADJ10037755
Regular
Apr 10, 2017

DAVID LIVINGSTON vs. SOUTHEAST PERSONNEL LEASING, INC.;, PACKARD CLAIMS ADMINISTRATION;, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by the defendant. The WCAB found the petition was untimely because it was filed one day after the 20-day deadline for removal following personal service. This deadline is jurisdictional, and the WCAB cannot consider petitions filed outside this timeframe. Therefore, the petition was dismissed with no request for supplemental pleading granted.

Petition for RemovalUntimely FilingPersonal ServiceWCJ DecisionAppeals Board RuleJurisdictional Time LimitSupplemental PleadingWCAB Rule 10848WCAB Rule 10843WCAB Rule 10507
References
Case No. ADJ8937901
Regular
Mar 03, 2016

SANDRA DELAO vs. MARTIN TRANSPORTATION, LTD., CANNON COCHRAN

The Workers' Compensation Appeals Board dismissed Sandra Delao's petition for reconsideration because it was untimely filed. The petition was filed over 25 days after the WCJ's December 10, 2015 decision, exceeding the statutory filing deadline. Additionally, the petition was not verified and was not served on applicant's attorney or defendant's attorney, providing further grounds for dismissal. Therefore, the Board had no jurisdiction to consider the petition's merits.

Petition for ReconsiderationTimelinessJurisdictionalVerificationServiceLabor Code Section 5902Labor Code Section 5903Rule 10507Rule 10508Rule 10845
References
Case No. ADJ6535347, ADJ6534384
Regular
Nov 02, 2015

CHRISTINE KNAPP vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The applicant sought to overturn findings of $53\%$ permanent disability and disputed the exclusion of vocational expert reports and a claim of $100\%$ disability. The Board found the petition contained numerous factual misrepresentations and violations of WCAB rules and professional conduct by the applicant's attorney. The Board adopted the WCJ's report, which recommended denial due to the petition's legal defects and factual inaccuracies.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardOccupational Group NumberIndustrial InjuryRight ShoulderMigraine HeadachesPermanent DisabilityAgreed Medical ExaminerQualified Medical Examiner
References
Case No. ADJ8345654
Regular
Jun 11, 2014

BUNNY SWANSON vs. ODYSSEY HEALTH CARE, ODYSSEY HEALTH CARE INC, SEDGWICK CMS, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied Ms. Swanson's petition for reconsideration because it was procedurally deficient, violating multiple board rules, including improper filing and failure to serve the defendant. The Administrative Law Judge's report, which the Board adopted, also found that Ms. Swanson failed to meet her burden of proof on causation. The judge determined that her claimed psychological injuries were not industrially caused and were unsupported by credible medical evidence, noting documented performance and attitude issues. Furthermore, the judge concluded that her personal discomfort with co-workers' lifestyles did not constitute a work-related injury.

WCABPetition for ReconsiderationWCJ reportRule 10842Rule 10843Rule 10845Rule 10850Rule 10844sexual harassmenttoxic work environment
References
Case No. ADJ10950502
Regular
Mar 10, 2020

ROBERT HANSEN (Deceased), DIANA HANSEN, MAYA HANSEN, CALLIE HANSEN, ROBERT GENE REINHARDT, Guardian Ad Litem For MATTHEW HANSEN and TAYLOR HANSEN vs. FREIGHT HANDLERS, LLC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the deceased sustained a compensable industrial injury causing death. The Board agreed with the WCJ that the defendant failed to prove the decedent's intoxication proximately caused the injury, despite acknowledging the decedent was intoxicated. Furthermore, the Board found substantial evidence supported the WCJ's conclusion that the death was not a suicide and that the decedent remained within the course of employment under the commercial traveler rule, even with his intoxication and the employer's zero-tolerance policy.

Compensable Industrial InjurySuicide DefenseIntoxication DefenseCourse of EmploymentCommercial Traveler RuleProximate CauseBurden of ProofSubstantial Evidence RuleCredibility DeterminationsZero Tolerance Policy
References
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