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Case Law Database

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

Case No. ADJ628128 (RDG 0130262) ADJ7454093

Regular

Dec 04, 2015

LARRY TRIPLETT vs. NORDIC INDUSTRIES, EAGLE INSURANCE, ENSTAR, KIN ENTERPRISES, INCOPORATED, STATE COMPENSATION INSURANCE FUND

This case involves applicant Larry Triplett's industrial injury claims against Nordic Industries and Kin Enterprises. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address Nordic Industries' arguments against the Administrative Law Judge's (ALJ) findings, including disputes over dual employment, evidence of cumulative trauma, and notice of injury. The WCAB rescinded the prior award, finding it necessary to join and consider a third, overlapping cumulative trauma claim (ADJ7454084) with the current matters. The case is returned to the trial level for a comprehensive new decision addressing all issues, including insurance coverage and liability.

Workers Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryDual EmploymentJoint EmploymentTemporary DisabilityPermanent DisabilityIndustrial InjuryNotice of Claim

References

Case No. ADJ2651648 (MON 0342704)

Regular

Jul 18, 2017

TERESA SANCHEZ vs. HAWTHORNE UNIFIED SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of an award granting applicant benefits for a 2006 industrial injury, arguing the prior disability rating was insufficient. The applicant had two industrial injuries: a 1997-2002 cumulative trauma and the 2006 specific injury, both causing fibromyalgia. The WCJ found the combined disability from both injuries exceeded the threshold for SIBTF benefits, based on her primary treating physician's rating. The Appeals Board affirmed the WCJ's decision, adopting the judge's report which found the applicant met the criteria for SIBTF benefits, and denied the SIBTF's petition.

Subsequent Injuries Benefits Trust FundSIBTFcumulative traumacompensable consequencefibromyalgiapermanent and stationaryAgreed Medical ExaminerAMA Guides1997 rating scheduleprimary treating physician

References

Case No. ADJ4048703 (MON 0246736) ADJ3995603 (MON 0246737) ADJ534884 (MON 0295064)

Regular

May 21, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, SEDGWICK CMS, FREMONT INDEMNITY

The Appeals Board rescinded the WCJ's decision regarding applicant Herminegilda Chavez's cumulative trauma injury claim. While acknowledging the applicant sustained a cumulative trauma injury and 100% permanent disability, the Board found error in merging three distinct industrial injuries into a single claim without proper apportionment. Further development of the medical record is required to determine apportionment of disability between the cumulative trauma, a specific injury, and non-industrial factors. The case is remanded for further proceedings and a new decision by the WCJ consistent with established apportionment principles.

Cumulative traumaApportionmentBenson v. WCABSpecific injuryInsurance Guarantee AssociationCIGALiberty MutualWausauMedical opinionPermanent disability

References

Case No. ADJ8061890

Regular

Sep 24, 2012

MARIA TIBURCIO VALERIANO vs. BEU INDUSTRIES, STAR INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original finding of industrial injury. The Board found the applicant failed to provide substantial medical evidence establishing industrial causation for her cumulative trauma injury. Furthermore, the Board determined the claim was barred by Labor Code section 3600(a)(10) due to the applicant filing after notice of termination without demonstrating applicable exceptions. Consequently, the applicant was ordered to take nothing by her claim.

Labor Code section 3600(a)(10)post-termination defenseindustrial causationsubstantial evidencePR-2 formprimary treating physiciancumulative traumamedical evidenceEDD claim formnotice of injury

References

Case No. 03-cv-4134

Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law

References

Case No. ADJ8855485

Regular

Nov 07, 2019

IMELDA SOSA vs. BRAWLEY UNION HIGH SCHOOL DISTRICT, ATHENS ADMINISTRATORS, LIBERTY MUTUAL INSURANCE, SELF-INSURED SCHOOLS OF CALIFORNIA

This case involves an employer's reconsideration request concerning a finding of cumulative trauma injury. The applicant was found to have sustained a cumulative trauma injury through June 13, 2011, resulting in 23% permanent disability and an award for indemnity and future medical treatment. The employer argued against compensable temporary disability for a single day's absence and questioned the applicant's knowledge of the cumulative trauma's industrial cause. The Board affirmed the original award, finding the applicant had knowledge of an industrial injury and suffered disability on June 13, 2011.

Cumulative trauma injuryDate of injuryLabor Code section 5412Compensable temporary disabilityPermanent disabilityIndustrial accident leaveEducation CodeWorkers' Compensation Appeals BoardReconsiderationFindings Award and Order

References

Case No. ADJ3026623

Regular

Jun 28, 2010

ROBERTO PICENO vs. KLUNE INDUSTRIES, INC.; CIGA, administered by CAMBRIDGE for FREMONT, in liquidation

This case involves a defendant's petition for reconsideration of an award of permanent disability for an applicant's industrial injuries sustained on January 22, 1997. The defendant argued for apportionment of the permanent disability to non-industrial factors and to a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition because it was unverified, a mandatory requirement. The WCAB found the defendant failed to cure this defect within a reasonable time after it was pointed out. Therefore, the defendant's contentions regarding apportionment were not addressed on their merits by the WCAB.

Workers' Compensation Appeals BoardPetition for ReconsiderationUnverified PetitionLabor Code Section 5902ApportionmentCumulative TraumaSpecific InjuryAgreed Medical ExaminerQualified Medical EvaluatorSubstantial Evidence

References

Case No. ADJ6445214, ADJ7300126, ADJ4142400 (SRO 0141131), ADJ1321514 (SRO 0141130)

Regular

Aug 03, 2016

BONNIE MCLAUGHLIN vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, ALBERTSON'S/SAVE MART

This case involves Bonnie McLaughlin's claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits stemming from multiple industrial injuries to her neck, back, extremities, and psyche. The Workers' Compensation Appeals Board (WCAB) overturned a prior decision denying these benefits. The WCAB found that McLaughlin met the criteria for SIBTF eligibility under Labor Code section 4751, as her cumulative injury through May 3, 2007, resulted in additional permanent disability that, when combined with prior injuries, caused a disability greater than that from the subsequent injury alone. Therefore, SIBTF benefits are awarded.

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilitycumulative traumaspecific injuryapportionmentvocational expertAgreed Medical EvaluatorQualified Medical Evaluatorcompensable injury

References

Case No. ADJ401657

Regular

Oct 07, 2025

ROBERTO DURAN vs. FOTO-KEM INDUSTRIES, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's Findings and Orders (F&O) in the case of Roberto Duran against Foto-Kem Industries. The WCJ had previously found the defendant bound by stipulations of cumulative injury, but the Appeals Board ruled these stipulations unenforceable. After reviewing the Agreed Medical Evaluator (AME) Dr. Siebold's reports, the Board found his opinion constituted substantial evidence. Consequently, the Appeals Board rescinded the prior F&O and substituted a new F&O, finding that the applicant sustained cumulative injury to his cervical spine, right shoulder, right upper extremity, lumbar spine, left knee, and right knee during his employment from January 1, 1995, through June 28, 2007.

Adjudication NumberFoto-Kem IndustriesUnites States Fire Insurance CompanyKrum & ForesterReconsiderationFindings and OrdersStipulationsWCJGood CauseSet Aside

References

Case No. MISSING

Regular Panel Decision

Claim of Foulton v. Martec Industries

The claimant, a laborer for Martec Industries, sought workers' compensation benefits for a back injury allegedly sustained on June 7, 2006. Martec and its workers' compensation carrier controverted the claim, citing the claimant's history of prior back injuries in 1998 and 2000. A Workers' Compensation Law Judge initially awarded benefits, concluding the June 7, 2006 incident constituted an accidental work-related aggravation of prior injuries, a decision affirmed by the Workers' Compensation Board. On appeal, the court reversed the Board's decision, finding insufficient evidence that the June 7, 2006 incident caused a new disability. Evidence showed the claimant had experienced chronic back pain since 1998, and physicians attributed his disability primarily to preexisting conditions. The matter was remitted to the Workers' Compensation Board for further proceedings.

Workers' CompensationBack InjuryAggravationPreexisting ConditionMedical EvidenceDisability BenefitsAppellate ReviewReversalRemittalEmployer Liability

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. ADJ628128 (RDG 0130262) ADJ7454093

Regular

Dec 04, 2015

LARRY TRIPLETT vs. NORDIC INDUSTRIES, EAGLE INSURANCE, ENSTAR, KIN ENTERPRISES, INCOPORATED, STATE COMPENSATION INSURANCE FUND

Workers Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryDual EmploymentJoint EmploymentTemporary DisabilityPermanent DisabilityIndustrial InjuryNotice of Claim

References

Case No. ADJ2651648 (MON 0342704)

Regular

Jul 18, 2017

TERESA SANCHEZ vs. HAWTHORNE UNIFIED SCHOOL DISTRICT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

Subsequent Injuries Benefits Trust FundSIBTFcumulative traumacompensable consequencefibromyalgiapermanent and stationaryAgreed Medical ExaminerAMA Guides1997 rating scheduleprimary treating physician

References

Case No. ADJ4048703 (MON 0246736) ADJ3995603 (MON 0246737) ADJ534884 (MON 0295064)

Regular

May 21, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, SEDGWICK CMS, FREMONT INDEMNITY

Cumulative traumaApportionmentBenson v. WCABSpecific injuryInsurance Guarantee AssociationCIGALiberty MutualWausauMedical opinionPermanent disability

References

Case No. ADJ8061890

Regular

Sep 24, 2012

MARIA TIBURCIO VALERIANO vs. BEU INDUSTRIES, STAR INSURANCE

Labor Code section 3600(a)(10)post-termination defenseindustrial causationsubstantial evidencePR-2 formprimary treating physiciancumulative traumamedical evidenceEDD claim formnotice of injury

References

Case No. 03-cv-4134

Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

References

Case No. ADJ8855485

Regular

Nov 07, 2019

IMELDA SOSA vs. BRAWLEY UNION HIGH SCHOOL DISTRICT, ATHENS ADMINISTRATORS, LIBERTY MUTUAL INSURANCE, SELF-INSURED SCHOOLS OF CALIFORNIA

References

Case No. ADJ3026623

Regular

Jun 28, 2010

ROBERTO PICENO vs. KLUNE INDUSTRIES, INC.; CIGA, administered by CAMBRIDGE for FREMONT, in liquidation

References

Case No. ADJ6445214, ADJ7300126, ADJ4142400 (SRO 0141131), ADJ1321514 (SRO 0141130)

Regular

Aug 03, 2016

BONNIE MCLAUGHLIN vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, ALBERTSON'S/SAVE MART

Subsequent Injuries Benefits Trust FundSIBTFpermanent disabilitycumulative traumaspecific injuryapportionmentvocational expertAgreed Medical EvaluatorQualified Medical Evaluatorcompensable injury

References

Case No. ADJ401657

Regular

Oct 07, 2025

ROBERTO DURAN vs. FOTO-KEM INDUSTRIES, UNITED STATES FIRE INSURANCE COMPANY

Adjudication NumberFoto-Kem IndustriesUnites States Fire Insurance CompanyKrum & ForesterReconsiderationFindings and OrdersStipulationsWCJGood CauseSet Aside

References

Case No. MISSING

Regular Panel Decision

Claim of Foulton v. Martec Industries

Workers' CompensationBack InjuryAggravationPreexisting ConditionMedical EvidenceDisability BenefitsAppellate ReviewReversalRemittalEmployer Liability

References

Showing 1-10 of 13,767 results

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