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

Case No. BAK 137052, BAK 138374, BAK 140170, BAK 140171, BAK 147127
Regular
Oct 12, 2007

CARLOS VACA vs. CARDOZA DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, LEGION INSURANCE COMPANY

The Appeals Board granted reconsideration to correct clerical errors in a prior award, affirming the Administrative Law Judge's findings on industrial injury and disability for the applicant. The Board clarified that State Compensation Insurance Fund (SCIF) is liable for temporary and permanent disability benefits, noting that payments made by CIGA/Legion Insurance Company will be credited to avoid double recovery. The award also addresses attorney fees and clarifies benefit rates and amounts for the applicant.

Workers' Compensation Appeals BoardCardoza Dairy FarmsInc.State Compensation Insurance FundCalifornia Insurance Guarantee AssociationLegion Insurance CompanyliquidationBroadspireindustrial injuryspine
References
Case No. ADJ4012081 (SBA 0086539)
Regular
Aug 19, 2014

KAREN SEGROVES vs. BURGER BARN\/PAULA'S PANCAKE HOUSE, THE HARTFORD

In Segroves v. Burger Barn/Paula's Pancake House, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a May 29, 2014 award. The WCAB determined that further study of the factual and legal issues was necessary to ensure a just and reasoned decision. Consequently, all future filings related to this case must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to any district office or through the electronic system.

Petition for ReconsiderationFindings of Fact and AwardStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemOxnard District OfficeSan Francisco
References
Case No. ADJ6872068
Regular
Sep 11, 2012

OSCAR ORNELAS CASTANEDA vs. FELIS RUELAS, individually, and dba HAPPY'S MOBILE CAR WASH

This case involves a workers' compensation applicant injured in a vehicle accident while traveling to a job site. The defendant argued the applicant was an independent contractor and the injury occurred during his commute. The Board denied reconsideration, affirming the finding that the applicant was an employee based on the employer's control over work details and provision of tools. The Board also ruled the "going and coming" rule did not bar compensation as the travel was part of the applicant's job duties, not his personal commute.

WCABPetition for ReconsiderationEmployee vs. Independent ContractorBorello factorsGoing and Coming RuleAOE/COEIndustrial InjuryPressure WasherDairy BarnsCompany Vehicle
References
Case No. ADJ8951956
Regular
Jan 19, 2010

ROSE BARNES vs. HALCYON, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied Rose Barnes's Petition for Reconsideration. The Board adopted the Workers' Compensation Administrative Law Judge's report, except for a specific paragraph regarding "Further" considerations. This decision means the original ruling against Ms. Barnes stands.

WORKERS' COMPENSATION APPEALS BOARDHALCYONSUBSEQUENT INJURIES BENEFITS TRUST FUNDPETITION FOR RECONSIDERATIONWCJ REPORTDENYING RECONSIDERATIONADMINISTRATIVE LAW JUDGESAN JOSE DISTRICT OFFICEKATHERINE ZALEWSKIADJ8951956
References
Case No. ADJ6581535
Regular
Nov 15, 2017

Angel Mendez vs. Maple Dairy, Zenith Insurance Company

The Workers' Compensation Appeals Board denied Angel Mendez's petition for reconsideration. Mendez sought a finding of $100\%$ permanent disability, arguing total loss of use of his dominant right upper extremity. The Board affirmed the WCJ's prior award of $75\%$ permanent disability, finding no presumption of total disability for the loss of use of only one hand. The evidence did not support a finding of total loss of use of the upper extremity.

Petition for ReconsiderationPermanent Disability ApportionmentVocational EvidenceDominant Upper ExtremityLoss of UsePresumption of Permanent Total DisabilityLabor Code Section 4662(a)(2)Substantial EvidenceLeBoeuf v. Workers' Comp. Appeals Bd.Dairy Worker
References
Case No. STK 189258
Regular
Jul 16, 2007

JUAN CARLOS SOLANO vs. FARIA DAIRY, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to clarify the admissibility of medical reports due to a clerical error in exhibit designations. The Board affirmed the original Finding and Order, which denied the applicant's claim for industrial injury to his pulmonary system, chest, and psyche. The amended order simply corrected the exhibit numbers for specific medical reports.

WCABreconsiderationindustrial injurypulmonary systempsychemilkerFaria DairyZenith Insuranceadministrative law judgeclerical error
References
Case No. ADJ6671447; ADJ8041770 ADJ8041771; ADJ7407900
Regular
Jan 11, 2012

DARREN CORNWELL vs. HEARTLAND FARMS/SANTEE DAIRIES, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board has dismissed Darren Cornwell's petition for reconsideration of a decision dated October 26, 2011. The petitioner, Darren Cornwell, withdrew the petition prior to the Board's order. Consequently, the Board formally dismissed the petition as requested.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardHeartland FarmsSantee DairiesSpecialty Risk ServicesADJ6671447ADJ8041770ADJ8041771
References
Case No. STK 0165361, STK 0192986
Regular
May 10, 2007

MARGIE L. RALLS vs. CALIFORNIA DAIRIES, INC., EVEREST NATIONAL INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration sua sponte for an applicant claiming industrial injuries to her shoulders and neck. The Board rescinded the prior decision and remanded the case to the trial level for further proceedings and a new decision due to issues with the initial record development and an untimely petition for reconsideration by one defendant. The Board also noted that one defendant's petition for reconsideration was untimely but exercised its authority to review the matter.

Workers' Compensation Appeals BoardCalifornia DairiesInc.Everest National Insurance CompanyCalifornia Insurance Guarantee AssociationCIGAFremont Insurance Companyindustrial injuryshouldersneck
References
Case No. ADJ7284005, ADJ 7912473
Regular
Jul 22, 2016

RONALD PHILPOT vs. PERFORMANCE DAIRY SERVICE INC., TRISTAR

The applicant filed a Petition for Reconsideration after the WCJ issued a Findings, Award and Order. However, the WCJ subsequently vacated that Order within the allowed 15-day timeframe. Because the WCJ's action rendered the original order invalid, the applicant's Petition for Reconsideration became moot. Therefore, the Workers' Compensation Appeals Board dismissed the Petition.

Petition for ReconsiderationFindings Award OrderWorkers' Compensation JudgeOrder VacatingMoot PetitionWCAB Rule 10859Administrative Law JudgePerformance Dairy ServiceTristarADJ7284005
References
Case No. ADJ7375307
Regular
Dec 06, 2016

REYNA VALDEZ vs. FULL CIRCLE DAIRY, ZENITH INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration and rescinded the lower court's decision denying a lien claimant's claim for photocopy services. The Board found insufficient evidence to determine if a "contested claim" existed at the time the services were rendered, which is a prerequisite for reimbursement of medical-legal expenses. The matter was returned to the trial level for further proceedings and a new decision on the existence of a contested claim. The Board clarified that obtaining records via subpoena is permissible and that photocopy fees are considered recoverable medical-legal expenses if a contested claim is established.

Workers' Compensation Appeals BoardReyna ValdezFull Circle DairyZenith Insurance CompanyADJ7375307Opinion and Decision After ReconsiderationMed Legal Photocopylien claimantFindings and Ordercontested claim
References
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