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Case Law Database

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

Case No. ADJ4343203
Regular
Feb 06, 2015

PEDRO CABALLERO (DECEASED) vs. CONTINENTAL PUMPING, STATE COMPENSATION INSURANCE FUND

This case involves a deceased applicant whose death was determined by an Agreed Medical Evaluator to be unrelated to his industrial injury. The defendant sought dismissal of the claim, but the WCJ initially included a provision requiring all liens to be resolved first. The Appeals Board granted the defendant's Petition for Removal, finding no statutory basis to delay dismissal pending lien resolution, especially since lien claimants were properly served and did not object. The Board amended the Notice of Intent to Dismiss, removing the lien resolution requirement, and ordered the Application for Adjudication of Claim dismissed.

Petition for RemovalSkeletal PetitionNotice of Intent to DismissAgreed Medical EvaluatorDismissal for Failure to ProsecuteLien ClaimantsApplication for Adjudication of ClaimWorkers' Compensation Appeals BoardIndustrial InjuryCause of Death
References
0
Case No. ADJ8967361
Regular
Nov 26, 2014

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN dba G\&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted by MEADOWBROOK INSURANCE GROUP

This case involved a petition for reconsideration by the applicant in a workers' compensation matter where the deceased worker, Felipe Garcia, was initially found to be an employee but later deemed an independent contractor by the Appeals Board. The applicant argued the Board erred by disregarding the WCJ's credibility assessment and by not applying Labor Code section 2750.5 to unlicensed contractors. The Board denied the petition, finding no evidence the deceased worker was engaged in activities requiring a contractor's license under Business and Professions Code sections 7000 and 7026. Therefore, Labor Code section 2750.5 was inapplicable, and the prior decision finding the applicant an independent contractor was upheld.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusReconsiderationLabor Code section 2750.5Contractors' State License LawBlew v. HornerGarza v. Worker's Comp. Appeals Bd.Rinaldi v. Workers' Comp. Appeals Bd.Unlicensed contractor
References
4
Case No. ADJ2967056 (LBO 0395577)
Regular
Nov 18, 2011

, Applicant, JAMES WHITCOMB (DECEASED), vs. , STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND,

This case concerns the dependents of a deceased correctional officer who sustained an industrial lung injury leading to his death. The applicant dependents seek reconsideration of an award, arguing penalties for delayed benefit payments were erroneously denied and that benefits should be calculated at the current maximum rate. The defendant employer argues death benefits should not be awarded under workers' compensation due to a potential CalPERS special death benefit, thus impacting attorney fees. The Board granted reconsideration, rescinded the original award, and remanded the case to the trial level for further proceedings on benefit rates, penalties, and attorney fees.

Workers' Compensation Appeals BoardJames WhitcombState of CaliforniaDepartment of CorrectionsState Compensation Insurance FundADJ2967056Opinion and OrderReconsiderationFindings and AwardIndustrial Injury
References
1
Case No. ADJ9754409
Regular
Feb 16, 2017

ABEL PEREZ (Deceased), LYDIA ARREDONDO vs. AFFHOLDER, INC., LIBERTY MUTUAL

In this workers' compensation case involving a deceased employee, the applicant sought removal of a WCJ's order setting the matter for trial. The applicant claimed the order would cause significant prejudice and irreparable harm. The Appeals Board denied the removal petition, emphasizing that such requests are extraordinary and require a showing of substantial harm. The Board found no evidence of irreparable prejudice, noting the applicant can raise issues at trial and also cautioned the applicant's attorney about potential misrepresentations.

Petition for RemovalIndustrial InjuryDeath ClaimWCJMinute OrderPre-trial ConferenceSignificant PrejudiceIrreparable HarmSanctionsWorkers' Compensation Appeals Board
References
0
Case No. ADJ3762715 (BAK 0154426) ADJ616116 (BAK 0154350)
Regular
Mar 06, 2013

ERIC PETERSEN (Deceased) vs. COUNTY OF KERN

This case involves claims for workers' compensation benefits by Eric Petersen, a deceased volunteer firefighter, for injuries sustained in 2007 and 2008. The County of Kern was found to be the applicant's employer and failed to secure workers' compensation coverage, leading to the joinder of the Uninsured Employers Benefit Trust Fund. The Court of Appeal affirmed the denial of reconsideration by the Workers' Compensation Appeals Board and remanded the case. The Board now returns the matter to the trial level to address outstanding issues, including recently filed applications for death benefits by the applicant's significant other.

RemittiturVolunteer firefighterIndustrial injuriesCounty of KernSelf-insured programUninsured Employers Benefit Trust FundJoinderPetition for Writ of ReviewDeath BenefitsSignificant other
References
1
Case No. ADJ8503725
Regular
Jan 09, 2017

DAVID LEZCHUK (Deceased), MELISSA LEZCHUK, Guardian ad Litem for MADISON GRACE LEZCHUK, minor vs. CAL FIRE—DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. The Board also denied the defendant's petition, upholding the finding that Madison Lezchuk, the minor dependent, is entitled to an additional death benefit of $53,000. This additional benefit is to be placed in a trust due to the applicant's spending habits and inability to manage funds, ensuring protection of Madison's future interests. The WCAB affirmed that the "good cause" exception under Labor Code section 4704 allows for such awards despite the applicant's receipt of a CALPERS Special Death Benefit.

CALPERSSpecial Death BenefitLabor Code section 4707Labor Code section 4704good causeminor dependentdeath benefitGuardian ad Litemindustrial injuryWCJ discretion
References
3
Case No. MON 0291071
Regular
Jan 22, 2008

JESSE CHMELAR, JOANNE CHMELAR (Deceased) vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's contentions that the administrative law judge failed to state reasons, erred on the statute of limitations, and improperly relied on defense medical opinions. While the Board found that the judge's report sufficiently explained her reasoning and acknowledged an issue with the statute of limitations filing, the applicant failed to prove their deceased spouse's employment caused her death. Therefore, the Board amended the finding to state no determination was made on the claim's timeliness, affirming the decision that the applicant is not entitled to benefits.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAmended Finding of Fact and Ordersindustrial injuryinternal systemdeceasedstatute of limitationsqualified medical evaluatorLabor Code section 5313Report and Recommendation
References
2
Case No. ADJ558286
Regular
Dec 13, 2010

DEBORAH McCALLUM (Deceased) WINONA McCALLUM vs. AGRO-TECH LANDSCAPE CONTRACTORS, STATE COMPENSATION INSURANCE FUND

This case involves a deceased worker's dependent seeking commutation of future annuity payments to a lump sum due to alleged financial hardship. The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration. The WCAB found that even though the judge's ruling on jurisdiction over the annuity company was flawed, the applicant's request was procedurally defective. Specifically, the applicant's interests are intertwined with his sister's, and their payments are managed by a guardian ad litem, preventing the applicant from acting independently.

Workers' Compensation Appeals BoardPetition for ReconsiderationJurisdictionAnnuity Companycommutationlump sumStatute of LimitationsLabor Code section 5804Order Approving Compromise and Release (OACR)dependency claim
References
1
Case No. ADJ6897192, ADJ7622949
Regular
Dec 01, 2015

MICHAEL SILVA (Deceased), MARY ANNE SILVA (Dependent/Spouse) vs. FREMONT UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The WCAB affirmed the administrative law judge's (ALJ) findings that the deceased worker did not sustain a psyche injury or cancer due to employment. Crucially, the WCAB ruled that the applicant's self-procured medical report from Dr. Besses was inadmissible per *Batten v. Workers' Comp. Appeals Bd.* The Board also clarified that the applicant's petition was timely filed.

Workers' Compensation Appeals BoardFremont Unified School DistrictMichael SilvaMary Anne SilvaPetition for ReconsiderationFindings and Orderpsyche injurycancerself-procured medical reportDr. Besses
References
1
Case No. ADJ8239362
Regular
Aug 01, 2019

ADAUCO LOPEZ (DECEASED), EDUVIGES LOPEZ vs. DESERT FALLS PROPERTY & MANAGEMENT, ULLICO CASUALTY COMPANY in liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved a dependency claim for the deceased worker, Adauco Lopez, with Eduviges Lopez as the applicant. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the facts and law. Following a settlement conference, the parties submitted a Compromise and Release (C&R) agreement for approval. The WCAB approved the C&R, awarding $55,000 to the applicant, but reduced the attorneys' fees from $11,000 to $9,900, finding that amount to be reasonable and in the applicant's best interest.

Compromise and ReleaseUllico Casualty Company in liquidationCalifornia Insurance Guarantee Associationdependency claimappeals board approvalLabor Code section 5001WCAB Rule 10882Labor Code section 5002settlement adequacyattorneys' fees
References
0
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