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

Case No. ADJ6711454
Regular
May 23, 2016

EDWARD GUTIERREZ vs. CITY OF SANTA ANA

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision denying jurisdiction over a lien dispute between Western Medical Center and the City of Santa Ana. The WCAB found that an interlocking chain of contracts between the medical provider and the employer/insurer, referencing Labor Code Section 5304, created an "express agreement" fixing medical treatment rates. This agreement divested the WCAB of jurisdiction, and Labor Code Section 5307.11 did not grant jurisdiction when it was otherwise excluded by Section 5304.

Workers' Compensation Appeals BoardLien DisputeJurisdictionLabor Code Section 5304Labor Code Section 4609Labor Code Section 5307.11Express AgreementContracted RateMedical TreatmentParticipating Hospital Agreement
References
Case No. ADJ16491268; ADJ15884384; ADJ16161110; ADJ16161057; ADJ16161093; ADJ15760386; ADJ18891808; ADJ19153721; ADJ16116250
Significant

Steve Hoddinott, et al. vs. Bravo Security Services, Inc.; National Liability Fire Ins. Co., administered by Biberk Business Insurance, et al.

The Appeals Board consolidated five cases involving a dispute over attorney's fees between the current and former attorneys for the applicants, stemming from a law firm sale contract. The Board ordered the attorneys to meet, confer, and file supplemental pleadings to address the resolution of their dispute and jurisdictional issues.

En Banc DecisionAttorney Fee DisputeLaw Firm Sale ContractDisqualification PetitionWCJ DisqualificationLabor Code Section 4906Attorney Fee LienContract RescissionWCAB JurisdictionSupplemental Pleadings
References
Case No. ADJ 10341584, ADJ 10341594
Regular
Aug 26, 2016

JON SLAGLE vs. KASCO CORPORATION, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision denying jurisdiction over out-of-state injuries. The WCAB found jurisdiction exists because the applicant's contract of hire was made in California, even though the injuries occurred in Alabama. This conclusion is based on Labor Code section 5305, which grants jurisdiction when the contract of hire is made in California, and the residency requirement has been deemed unconstitutional. Therefore, the WCAB has jurisdiction over the applicant's claims for compensation.

WCAB jurisdictionLabor Code section 5305contract of hireout of state injuryPetition for ReconsiderationFindings of FactReport and Recommendationresidency requirementunconstitutionaloral contract
References
Case No. ADJ7045808
Regular
Jan 22, 2014

Ernest Conwell vs. New Orleans Saints, Louisiana Workers' Compensation Corp.

This case involves a professional athlete claiming industrial injury sustained between 1996 and 2007. The defendant contested California Workers' Compensation Appeals Board (WCAB) jurisdiction due to a forum selection clause in the employment contract designating Louisiana as the exclusive forum. The WCAB rescinded the initial award and remanded the case for further development of the record. This is to allow reconsideration of the *McKinley* decision regarding mandatory forum selection clauses and the connection to California, particularly concerning contract formation.

WCABjurisdictionforum selection clauseemployment contractprofessional athleteindustrial injurypermanent disabilityapportionmentcontract of hireagent
References
Case No. ADJ10220275
Regular
Mar 03, 2020

Troy Kropog vs. New York Giants, Tennessee Titans, Jacksonville Jaguars, Minnesota Vikings, Washington Redskins, Great Divide Insurance Company, Berkley Entertainment

The Workers' Compensation Appeals Board denied reconsideration of a decision that lacked California jurisdiction over the applicant's claim. The applicant, a professional football player, failed to establish that a contract for hire was formed in California, despite his agent residing and signing contracts there. The Board upheld the WCJ's finding that the agent lacked the authority to bind the applicant to a contract without the applicant's own execution. Consequently, the applicant did not meet his burden of proof for California jurisdiction.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.California jurisdictioncontract for hireKenny ZuckermanStandard Representation Agreement (SRA)Contract Advisor authorityplayer contract execution
References
Case No. ADJ6585876
Regular
Aug 27, 2014

VICENTE JACKSON vs. NORTHRUP GRUMMAN CORPRATION, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns applicant Vicente Jackson's claim for cumulative trauma injury sustained while employed by Vought Aircraft in Georgia and Florida. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's finding of no subject matter jurisdiction. The Board found insufficient evidence that Vought's employment of Jackson constituted a continuation of his original California employment contract with Northrup. Acceptance of a new job offer in Florida from Vought created a new employment contract, superseding any prior California contract.

Workers' Compensation Appeals BoardNorthrup GrummanInsurance Company of the State of PennsylvaniaVicente Jacksoncumulative traumasubject matter jurisdictioncontract of hireVought Aircraftoral employment contractservice credit
References
Case No. ADJ745778 (SRO 0132381)
Regular
Mar 13, 2009

CYNTHIA GORDON vs. CALISTOGA SPA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, reversing a prior decision. The WCAB found that it lacks jurisdiction over medical treatment payment disputes when an express agreement exists between the parties, as stipulated by Labor Code section 5304. In this case, a chain of contracts, including one between the hospital and Blue Cross Life and Health, and another between Blue Cross and the defendant insurer, created an express agreement. This contractual arrangement precluded the WCAB from determining the payment due to the medical provider.

WCAB jurisdictionLabor Code section 5304medical treatment disputeexpress agreementarbitration clauseequitable estoppellacheschain of contractsmedical provider contractinsurer contract
References
Case No. ADJ9095473
Regular
Mar 24, 2023

EVAN MOORE vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, PHILADELPHIA EAGLES, GREEN BAY PACKERS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted petitions for reconsideration filed by the Cleveland Browns and Great Divide Insurance Company. The Board's prior decision finding California jurisdiction based on a contract of hire formed in California was vacated. The Board determined the existing record was insufficient to definitively establish the location of contract formation and the agent's authority. The case is returned to the WCJ for further proceedings to develop the record on jurisdiction, contract formation, and potential exemptions.

California jurisdictioncontract of hirereconsiderationpetitionfindings of factoral contractfederal preemptionagency authorityintegration clauseliability exemptions
References
Case No. ADJ326102 (ANA 0396540)
Regular
Feb 19, 2013

CARL ROBERSON vs. COAST COMMUNITY COLLEGE DISTRICT, KEENAN \u0026 ASSOCIATES

The Appeals Board granted reconsideration of a prior order, rescinding the WCJ's decision and returning the case to the trial level. The Board found insufficient evidence to resolve the jurisdictional and contractual issues raised by the defendant regarding a lien for medical treatment. Further proceedings are necessary to determine jurisdiction, the validity of the contract, and the reasonable value of medical services. The Board also noted the need for clarification on the role of a third party mentioned by the lien claimant.

ReconsiderationFindings and OrderLabor Code section 4903.5chain of contractsexpress agreementsection 5304fee disputejurisdictionreasonable valuemedical treatment
References
Case No. ADJ8147593
Regular
Dec 16, 2019

BETZAIDA MENDEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a fee dispute. The Board found that an express contract, including an arbitration clause, existed between the lien claimant and the defendant for medical services. Pursuant to Labor Code Section 5304, the Board lacks jurisdiction to resolve fee disputes arising from such express agreements. Therefore, the petition was denied, affirming the WCJ's finding of an arbitrable contract.

Lien claimantPPO Contractfee disputearbitration provisionexpress agreementWCAB jurisdictionSection 5304medical treatment disputescontract interpretationexclusive jurisdiction
References
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