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

Case No. WCK 45264
En Banc
Aug 25, 2004

James L. Leinon vs. Fishermen's Grotto, Mid-Century Insurance Company

The Appeals Board held that a penalty under Labor Code section 4650(d) does not apply to disputed disability indemnity payments that are made within 14 days of a final order, decision, or award that imposes liability for those benefits.

Workers' Compensation Appeals BoardLabor Code section 4650(d)Temporary Disability Indemnity (TDI)PenaltyReconsiderationEn Banc DecisionInjury disputeDisability disputeIndemnity rate disputeFinal order
References
Case No. ADJ10233708
Regular
Jan 17, 2020

ARTURO CHAVEZ vs. PURPOSE DRIVEN PERSONNEL, HARTFORD, COUNTRYWIDE PAYROLL, NORTH BAY DISTRIBUTION, COMPWEST, H&M HENNES & MAURITZ, TRAVELERS

This case concerns the employment status of applicant Arturo Chavez and the resulting workers' compensation liability. The WCAB rescinded the prior findings of fact regarding employment and remanded the case for further proceedings. The primary dispute revolves around whether Purpose Driven Personnel was applicant's employer, given its reliance on Countrywide for payroll and workers' compensation insurance. The Board emphasized the need for further development of evidence, particularly regarding employment agreements between potential employers, to clarify the employer-employee relationship and subsequent insurance coverage.

Special employerGeneral employerDual employmentJoint and several liabilityLabor Code section 3602(d)PEOEmployee leasingService agreementWorkers' compensation insuranceFindings of Fact
References
Case No. ADJ7959316
Regular
Sep 25, 2012

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Praetorian Insurance Corporation for lack of coverage. The applicant, who claimed cumulative injury from a stroke, argued that insurance coverage disputes must be arbitrated per Labor Code section 5275. The WCAB found that Praetorian's prior defense of the claim and its involvement with agreed medical examiners warranted further proceedings. Therefore, the WCAB rescinded the dismissal order and returned the case to the trial level for arbitration of the coverage dispute.

Workers' Compensation Appeals BoardPraetorian Insurance CorporationAvizentCalifornia Insurance Companycumulative injurystroketransportation driverinsurance coverage disputearbitrationLabor Code section 5275
References
Case No. ADJ4668407 (RIV 0055963)
Regular
Feb 19, 2015

JOSE MARTINEZ vs. 2K FABRICATION, INCORPORATED, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a prior decision finding that State Compensation Insurance Fund (SCIF) did not provide coverage for 2K Fabrication, Inc. on July 8, 2003. The Board ruled that SCIF's cancellation of the employer's policy effective March 18, 2003, was valid. Arguments for coverage based on alleged lack of notice, estoppel due to premium acceptance, audits, and defense of the claim were rejected. The Board found no evidence of a written reinstatement of the canceled policy.

Workers' Compensation Appeals BoardReconsiderationPolicy CancellationCoverage DisputeEstoppelWaiverWritten NoticeInsurance ContractPremium PaymentPost-Cancellation Audit
References
Case No. ADJ744923 (ANA 0385182)
Regular
Jul 22, 2011

CHARLES BUFFINGTON III vs. FACTORY MUTUAL, INFRARED TESTING, INC., LIBERTY MUTUAL INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Factory Mutual seeks reconsideration of a workers' compensation decision finding Liberty Mutual provided coverage for Infrared Testing, Inc. during the applicant's injury period. Factory admits it sold its interest in Infrared before the cumulative injury period, arguing Liberty's coverage stipulation was a mistake. The Board dismissed Factory's petition, finding Factory lacks standing as it had no interest in the employer after August 2, 2000. The Board also indicated it would have denied the petition on the merits due to Liberty's stipulation and the elapsed premium collection period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersStipulationCoverage disputeMistake in coverageSale of interestUninsured Employers Benefits Trust FundStandingAggrieved party
References
Case No. ADJ9635594
Regular
Jan 05, 2018

Chazz Moore vs. Quad City Steamwheelers, L.A. Arena Football, Los Angeles Avengers Co LA Arena Football, Gallagher Bassett, Calabasas, State Compensation Insurance Fund, Travelers

The Workers' Compensation Appeals Board denied a petition for removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy that requires more than simply disagreeing with a decision, and reconsideration would be an adequate remedy for any future adverse ruling. The WCJ correctly ordered arbitration on coverage issues, as the petitioner's arguments regarding employer identity and insurance coverage were not sufficiently supported. The Board found no abuse of discretion in the WCJ's decision to proceed with arbitration on coverage disputes.

Workers' Compensation Appeals BoardPetition for RemovalDenial of RemovalSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportArbitrationCoverage DisputeAssigned Risk Policies
References
Case No. ADJ1527853 (WCK 0005092)
Regular
Dec 05, 2013

JEFF MILLMAN vs. CONTRA COSTA COUNTY

The Workers' Compensation Appeals Board (WCAB) affirmed a prior ruling that it lacks jurisdiction over a contract dispute between Contra Costa County and its excess insurer, General Reinsurance Corporation (GRC). The dispute concerns whether GRC must reimburse the County for certain bill review expenses under their excess policy. The Board determined this is a contract issue between insurer and insured, not a workers' compensation insurance coverage dispute subject to mandatory arbitration under Labor Code section 5275. The parties may pursue remedies like declaratory relief in civil court.

Workers' Compensation Appeals BoardReconsiderationJurisdictionContract DisputeExcess InsuranceSelf-Insured EmployerInsurance CoverageArbitrationLabor CodeInsurance Code
References
Case No. ADJ9136267
Regular
Aug 05, 2016

JERRY LEDGER III vs. STEVE DOVALI CONSTRUCTION, BARRY HALAJIAN DBA INDUSTRIAL ELECTRIC COMPANY, GRANITE STATE INSURANCE, BENCHMARK INSURANCE

In this workers' compensation case, the Appeals Board granted removal, rescinded a prior order staying Superior Court actions, and affirmed an order for mandatory arbitration. The Board found that coverage disputes arising from an insurer's claim of policy cancellation fall exclusively within the WCAB's jurisdiction, as resolution is necessary for applicant benefits. While the WCAB has exclusive jurisdiction over these disputes, it lacked the authority to stay the separate Superior Court actions, which is a power reserved for higher courts. Therefore, the parties must proceed to arbitration, and the Superior Court actions are not stayed by the WCAB.

Workers' Compensation Appeals BoardPetition for RemovalMandatory ArbitrationSuperior Court ActionPolicy CancellationDeclaratory ReliefConcurrent JurisdictionExclusive JurisdictionCoverage DisputeConstitutional Courts
References
Case No. ADJ7742588
Regular
Jun 04, 2025

ALEJANDRA BERUMEN vs. AIS, TWIN CITY FIRE INSURANCE COMPANY/THE HARTFORD, AON CORP, CNA INSURANCE/SEDGWICK CMS

Applicant Alejandra Berumen filed a Petition for Reconsideration and Removal after a WCJ granted defendant CNA Insurance's Motion to Quash Subpoena Duces Tecum, arguing lack of notice and irreparable harm. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, determining the WCJ's order was an interlocutory procedural decision, not a final order. They also denied the petition for removal, finding insufficient evidence of substantial prejudice or irreparable harm. The Board noted the issue could be revisited and encouraged the parties to resolve outstanding matters, including properly identifying defendants and periods of coverage.

Petition for ReconsiderationPetition for RemovalMotion to Quash Subpoena Duces Tecumpending determination of coverageinterlocutory procedural issuesubstantial evidenceirreparable harmnotice of intentionAdjudication NumberWCJ Report and Recommendation
References
Case No. ADJ8594071
Regular
May 15, 2018

STEPHEN RANDALL vs. DTM ENTERPRISES, INC., PRECISION DOOR SERVICE, DONALD TAYLOR, JACQUELYN TAYLOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LUMBERMEN'S UNDERWRITING, UNINSURED EMPLOYERS' BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied DTM Enterprises' petition for reconsideration. DTM argued the judge erred in finding the applicant solely employed by them and that the case should be handled by an arbitrator due to an insurance dispute. However, the applicant testified he only received direction and pay from DTM, never heard of Tri-State, and no evidence of a dual employment contract was presented. The Board found no indication of employment by any entity other than DTM and that insurance coverage disputes are separate from employment determinations.

Workers' Compensation Appeals BoardDTM EnterprisesPrecision Door ServiceDonald TaylorJacquelyn TaylorCalifornia Insurance Guarantee AssociationLumbermen's UnderwritingUninsured Employers' Benefits Trust Fundgeneral/special employmentcontractual issue
References
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