Updated Daily

Case Law Database

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

Case No. ADJ3495329 (SFO 0461473)

Regular

Dec 24, 2010

PAUL HUNT vs. BIGGE CRANE & RIGGING

This case concerns an applicant seeking additional compensation for an industrial injury based on the employer's alleged serious and willful misconduct. The Workers' Compensation Appeals Board (WCAB) initially found the employer liable, citing the misconduct of a crane operator and general foreman deemed "managing officers." However, the Court of Appeal reversed this decision, finding neither individual constituted a managing officer whose actions could establish employer misconduct. Consequently, the WCAB has amended its prior award, denying the applicant's claim for serious and willful misconduct.

Workers' Compensation Appeals BoardRemittiturSerious and Willful MisconductLabor Code section 4553Managing OfficersIndustrial InjuryCrane OperatorGeneral ForemanCourt of AppealPetition for Reconsideration

References

Case No. GRO 024430

En Banc

Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption

References

Case No. ADJ4198621 (VNO 0495392)

Regular

Sep 28, 2012

ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the decedent's earning capacity for calculating death benefits following his fatal industrial injury. The defendant, SCIF, argues the judge's finding that the decedent was promoted to backhoe operator and had the earning capacity of that role lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings due to an inadequate record. The Board emphasized the need for a proper evidentiary record detailing the decedent's employment, qualifications, and earnings before a determination can be made.

Workers' Compensation Appeals Boarddeath benefitsearning capacitybackhoe operatorpromotionactual wagesLabor Code section 4453average weekly earningsunion representativeprevailing hourly wage

References

Case No. ADJ9813999

Regular

Jan 31, 2018

JOSEPH MORGAN vs. SYSTEMS OPERATIONS SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that applicant Joseph Morgan was an independent contractor. The WCAB found that Morgan was an employee of Systems Operations Services (SOS) because SOS exercised pervasive control over his work. Factors supporting this decision include SOS providing tools, housing, and a vehicle, dictating work hours and locations, and Morgan's work being an integral part of SOS's core business. The WCAB determined that SOS failed to prove Morgan was an independent contractor excluded from workers' compensation coverage.

WCABPetition for ReconsiderationIndependent ContractorEmployeeRight to ControlBorello factorsWastewater Treatment Plant OperatorSOSState Compensation Insurance FundAOE/COE

References

Case No. GRO 024430

Significant

Dec 08, 2004

Myron Abney vs. AERA ENERGY, LIBERTY MUTUAL INSURANCE COMPANY

This en banc decision holds that the revised Labor Code section 5814, operative June 1, 2004, applies to unreasonable delays in compensation payments that occurred prior to its operative date, provided the finding of unreasonable delay is made on or after that date.

SB 899Labor Code Section 5814En Banc DecisionReconsiderationTemporary Disability IndemnityPenaltyUnreasonable DelayOperative DateStatute of LimitationsConclusive Presumption

References

Case No. RIV 0074411

Regular

Feb 08, 2008

HERMAN BROWN vs. WESTERN METAL LATHE, SOMPO JAPAN INSURANCE COMPANY OF AMERICA through CRAWFORD & COMPANY

The Appeals Board granted reconsideration on its own motion due to procedural filing errors regarding applicant's petitions. Despite applicant's counsel filing petitions with incorrect case numbers, the Board rescinded the WCJ's dismissal order. The Board allowed the case to proceed on its merits, emphasizing substantial justice and due process, and noting the parties' agreement to use an Agreed Medical Examiner.

WCABPetition for ReconsiderationOrder of DismissalLack of ProsecutionProcedural IssuesAgreed Medical Examiner (AME)Rescind OrderSubstantial JusticeDue ProcessCumulative Trauma

References

Case No. LAO 838220

Regular

May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and remanded the case to determine permanent disability using the 1997 Schedule. This decision stems from the Board's finding that the applicant's treating physician's December 20, 2004, report indicated the existence of permanent disability, triggering an exception under Labor Code section 4660(d). Consequently, the outdated 1997 Schedule, not the 2005 Schedule, must be applied to calculate the applicant's permanent disability benefits.

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder

References

Case No. ADJ11207109; ADJ11207111

Regular

May 29, 2025

Darren Hailey vs. Continental Labor, National Union Fire Insurance Company

Applicant Darren Hailey sought reconsideration of two Findings and Awards from October 19, 2021, in cases ADJ11207109 and ADJ11207111, where a WCJ found industrial injuries but apportioned 50 percent of permanent disability to nonindustrial factors based on a Qualified Medical Evaluator's (QME) opinion. Hailey contended that the QME's apportionment opinion was not substantial medical evidence. The Workers' Compensation Appeals Board, in a majority decision, affirmed the WCJ's findings, concluding that the QME adequately explained the basis of his apportionment, attributing 50 percent of the impairment to nonindustrial obesity due to its role in inhibiting recovery and causing accelerated wear and tear on joints. However, Commissioner Katherine A. Zalewski dissented, agreeing that the QME identified the factors of permanent disability but arguing that he failed to adequately explain how he arrived at the 50 percent apportionment figure, deeming the analysis incomplete.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical Evaluator (QME)Industrial InjuryNonindustrial FactorsCausationSubstantial Medical EvidenceObesity

References

Case No. OAK 240649 OAK 240651 OAK 279879

Regular

Jan 15, 2008

BUNNIE ORANGE vs. HILTON HOTEL CORPORATION, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration because the administrative law judge incorrectly used the 1997 Permanent Disability Rating Schedule instead of the 2005 Schedule for the applicant's cumulative trauma injury. The Board also found the calculation of permanent disability indemnity was improper and remanded the case for re-rating under the 2005 Schedule. Upon remand, any overlap between the current award and a prior stipulated award must be identified and subtracted before calculating the final indemnity.

WORKERS' COMPENSATION APPEALS BOARDBUNNIE ORANGEHILTON HOTEL CORPORATIONSPECIALTY RISK SERVICESOAK 240649OAK 240651OAK 279879OPINION AND ORDERGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATION

References

Case No. ADJ9729782

Regular

May 09, 2016

CORY ALLRED vs. RST CRANES, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award due to insufficient medical evidence regarding permanent disability. The Board found that the Qualified Medical Evaluator (PQME) failed to adequately explain his deviation from a strict AMA Guides rating, specifically by not elaborating on the impact on activities of daily living. The matter was returned to the trial level for further development of the record, including potential supplemental reporting or deposition of the PQME, to ensure substantial justice.

Workers Compensation Appeals BoardCory AllredRST CranesAce American InsuranceBarrett Business ServicesPQMERobert WilsonAMA GuidesAlmaraz-GuzmanPermanent Disability Rating Schedule

References

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Updated Daily

Case Law Database

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

Case No. ADJ3495329 (SFO 0461473)

Regular

Dec 24, 2010

PAUL HUNT vs. BIGGE CRANE & RIGGING

References

Case No. GRO 024430

En Banc

Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

References

Case No. ADJ4198621 (VNO 0495392)

Regular

Sep 28, 2012

ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals Boarddeath benefitsearning capacitybackhoe operatorpromotionactual wagesLabor Code section 4453average weekly earningsunion representativeprevailing hourly wage

References

Case No. ADJ9813999

Regular

Jan 31, 2018

JOSEPH MORGAN vs. SYSTEMS OPERATIONS SERVICES, STATE COMPENSATION INSURANCE FUND

WCABPetition for ReconsiderationIndependent ContractorEmployeeRight to ControlBorello factorsWastewater Treatment Plant OperatorSOSState Compensation Insurance FundAOE/COE

References

Case No. GRO 024430

Significant

Dec 08, 2004

Myron Abney vs. AERA ENERGY, LIBERTY MUTUAL INSURANCE COMPANY

SB 899Labor Code Section 5814En Banc DecisionReconsiderationTemporary Disability IndemnityPenaltyUnreasonable DelayOperative DateStatute of LimitationsConclusive Presumption

References

Case No. RIV 0074411

Regular

Feb 08, 2008

HERMAN BROWN vs. WESTERN METAL LATHE, SOMPO JAPAN INSURANCE COMPANY OF AMERICA through CRAWFORD & COMPANY

WCABPetition for ReconsiderationOrder of DismissalLack of ProsecutionProcedural IssuesAgreed Medical Examiner (AME)Rescind OrderSubstantial JusticeDue ProcessCumulative Trauma

References

Case No. LAO 838220

Regular

May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder

References

Case No. ADJ11207109; ADJ11207111

Regular

May 29, 2025

Darren Hailey vs. Continental Labor, National Union Fire Insurance Company

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical Evaluator (QME)Industrial InjuryNonindustrial FactorsCausationSubstantial Medical EvidenceObesity

References

Case No. OAK 240649 OAK 240651 OAK 279879

Regular

Jan 15, 2008

BUNNIE ORANGE vs. HILTON HOTEL CORPORATION, SPECIALTY RISK SERVICES

WORKERS' COMPENSATION APPEALS BOARDBUNNIE ORANGEHILTON HOTEL CORPORATIONSPECIALTY RISK SERVICESOAK 240649OAK 240651OAK 279879OPINION AND ORDERGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATION

References

Case No. ADJ9729782

Regular

May 09, 2016

CORY ALLRED vs. RST CRANES, ACE AMERICAN INSURANCE

Workers Compensation Appeals BoardCory AllredRST CranesAce American InsuranceBarrett Business ServicesPQMERobert WilsonAMA GuidesAlmaraz-GuzmanPermanent Disability Rating Schedule

References

Showing 1-10 of 238 results

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