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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1283525
Regular
May 17, 2010

ANTOONIO OLIVERA (Decedent), MARIA GOMEZ OLIVERA (Surviving Spouse) vs. RICK PLANO STABLES, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings due to insufficient evidence regarding the decedent's employer. The WCAB found conflicting testimony and lack of clear evidence establishing employment with Rick Plano Stables on the alleged date of injury. The matter was remanded to properly substitute the surviving spouse as the applicant and to develop the record on the employer's identity and the date of injury.

Workers' Compensation Appeals BoardDecedent's spouseReconsiderationFindings and OrderSubstantial evidenceDevelop the recordInsufficient evidenceConstitutional mandateDevelop the recordUninsured Employers Benefit Trust Fund
References
Case No. ADJ6730536
Regular
Nov 29, 2010

ROBERT HILL (Deceased), NANCY HILL (Dependent Spouse) vs. AERO CRAFT HYDRAULICS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration and amended a finding to clarify that the applicant *claimed* a cumulative injury from 1993-2006, rather than finding it established. The Board denied the defendant's petition for removal, finding no evidence of significant prejudice or irreparable harm justifying the extraordinary remedy. The WCJ's decision to defer unresolved issues and allow further discovery was otherwise affirmed. The amended finding now accurately reflects the stipulated facts and the nature of the contested cumulative trauma claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and OrderWCJIndustrial InjuryCumulative TraumaSpecific InjuryAOE/COEMandatory Settlement Conference
References
Case No. ADJ9726199
Regular
Jan 31, 2017

THEMAS ERTZMAN (Decedent) AKSHARA ERTZMAN (Widow/Applicant) vs. PACIFIC BELL TELEPHONE COMPANY/ AT&T, INC., permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded a previous Findings and Order, and returned the case to the judge for further proceedings. The employer sought reconsideration, arguing the union contract was improperly admitted and the judge shifted the burden of proof. The Board agreed that further development of the record was needed regarding the union contract and the decedent's union membership. This was deemed necessary for a full adjudication of the death benefit claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJDecedentDeath BenefitsUnion ContractBurden of ProofAOE/COELabor Code section 5313
References
Case No. ADJ9711633
Regular
Feb 02, 2015

MICHAEL DEAN vs. CENTRAL TRANSPORT, CHEROKEE INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Gino Dean's petition for reconsideration of an order appointing Shannen Patton as guardian ad litem and trustee for a minor applicant. Gino Dean, the decedent's brother and applicant's uncle, lacked standing to challenge the order as he is not a party and failed to demonstrate good cause for removal of the applicant's mother. Furthermore, the order appointing the guardian is not a final award, rendering it ineligible for reconsideration.

Guardian ad LitemTrusteeMinorPetition for ReconsiderationStandingGood CauseNot a Final OrderRemovalExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ6671912
Regular
Nov 20, 2013

HONG GUANG ZHU, Deceased HE RUI YUN, Spouse vs. TRI VILLAGE CHINESE RESTAURANT, FARMERS INSURANCE GROUP

The Workers' Compensation Appeals Board affirmed a prior finding that the decedent chef's death arose out of and occurred in the course of employment. The decedent was shot and killed while resting in his car during a split shift, a common and permitted practice. The Board found this constituted a neutral risk, as no personal motive for the murder was identified, thus satisfying the "personal comfort doctrine." Therefore, the death was deemed compensable as it was linked to his employment by time, place, and circumstance.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONFINDINGS OF FACTCOURSE OF EMPLOYMENTARISING OUT OF EMPLOYMENTCHEFSPLIT SHIFTPERSONAL COMFORT DOCTRINENEUTRAL RISKUNKNOWN MOTIVE
References
Case No. ADJ8005462
Regular
Dec 02, 2013

PEDRO VALDERRAMA, SR. (Deceased), MARIA SOLIS (Spouse) et al. vs. LOS AMIGOS CONSTRUCTION, ACEO PAYROLL CO., CASTLE POINT INSURANCE CO., ACE AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the original award finding that Pedro Valderrama's death on September 25, 2009, was industrially caused. The Board found substantial evidence supported that Castle Point Insurance Company was the insurer for Los Amigos Construction at the time of the injury, despite petitioners' claims that payroll services had switched to Select Focus. Evidence indicated that Select Focus had not finalized any agreement or secured insurance coverage for Los Amigos Construction before the date of injury, and that Castle Point's policy was still in effect. The Board also noted a prior OSHA decision that similarly found Select Focus was not the employer and had no exposure in this case.

Workers' Compensation Appeals BoardPedro ValderramaMaria SolisLos Amigos ConstructionACEO Payroll Co.Castle Point Insurance Co.ACE American Insurance Co.Petition for ReconsiderationFindings of Fact and Awardindustrial injury
References
Case No. ADJ9760258
Regular
Jan 25, 2017

JESUS FERNANDEZ (deceased) by VERONICA SOTO FERNANDEZ, et al. vs. BAY AREA TRAFFIC SOLUTIONS; COMMERCE & INDUSTRY CO., AIG CLAIM SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration. The petition challenged a prior finding that deferred the issue of the decedent's earnings for further record development. The Board found that this order was not a "final" decision because it did not determine any substantive rights or liabilities, nor a threshold issue. Therefore, a petition for reconsideration was not properly taken at this stage.

WCABPetition for ReconsiderationDismissalFindings & Orderfurther development of the recorddecedent's earningssubstantive right or liabilitythreshold issueinterlocutorynon-final order
References
Case No. ADJ3925550 (FRE 0184373) ADJ4624174 (FRE 0184374) ADJ4237232 (FRE 0189809) ADJ2179378 (SDO 0355087) ADJ1685377 (SDO 0355094)
Regular
Mar 17, 2009

, Robert Sedam (decedent), Kelley Sedam (widow), dependent children vs. OMNI FLIGHT HELICOPTERS and INSURANCE COMPANY OF PENNSYLVANIA, Adjusted By AIG CLAIM SERVICES, INC.

The WCJ found that the claim for death benefits concerning the June 12, 2006 death of decedent was barred by Labor Code section 5406. The Appeals Board affirmed the WCJ's decision.

compensable consequence injuryLabor Code section 5406death benefits240-week limitationdeep vein thrombosisdate of injurypermanent disabilitycardiac arrestpulmonary embolismindustrial causation
References
Case No. ADJ8573949
Regular
Apr 02, 2015

JERRY GOLDING (Decedent), PETRA GOLDING (Widow) vs. CITY OF LOS ANGELES FIRE DEPARTMENT; TRISTAR

The applicant, widow of Jerry Golding, sought reconsideration of a denial of temporary disability benefits for her deceased husband after his retirement. The Board granted reconsideration, finding that although the decedent retired voluntarily due to the DROP program, evidence showed his intent to work as an arson investigator post-retirement. The Board determined that the worsening of his industrial injury prevented this post-retirement work, establishing an earning capacity diminished by the injury. Therefore, the Board awarded temporary total disability indemnity from March 1, 2011, to July 18, 2012, and remanded for rate determination and attorney fees.

Workers Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityEarning CapacityRetirementIndustrial InjuryPulmonary FibrosisArson InvestigatorDROP ProgramDeferred Retirement Option Plan
References
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