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Case Law Database

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

Case No. ADJ3214075

Regular

Sep 23, 2025

GERARD MAHAN vs. A-1 GUARANTEE ROOFING, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an approved Compromise and Release (C&R), disputing deductions for prior permanent disability payments. The Appeals Board dismissed the petition, finding the applicant's request should be treated as a petition to set aside the C&R. Due to a lack of admitted evidence and an incomplete record regarding the alleged overpayments, the Board remanded the case for a hearing. This hearing will allow the parties to present evidence and for the judge to create a complete record before a decision is made.

Petition for ReconsiderationOrder Approving Compromise and ReleaseStipulations with Request for AwardPermanent DisabilityDeductionVocational RehabilitationFuture Medical CareLabor Code Section 5909Electronic Adjudication Management System (EAMS)Due Process

References

Case No. POM 0294241

Regular

May 15, 2008

MARIO GAONA vs. PAMA MANAGEMENT COMPANY, SOUTHLAND CLAIMS SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a decision finding industrial injury. The Board adopted the administrative law judge's report, which found the applicant credible and supported by evidence including payroll deductions and defendant witness testimony confirming both employment and an incident where the applicant was hit by plywood boards. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingInjury AOE/COEEmploymentIndustrial InjuryPlywood LoadingMaintenance PersonPayroll Deductions

References

Case No. ADJ2578749

Regular

Feb 02, 2011

OSCAR RABADAN vs. MV TRANSPORTATION, ACE AMERICAN INSURANCE c/o BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding an industrial injury to the applicant's right shoulder. The defendant sought reconsideration, arguing the judge erred by failing to credit overpaid permanent disability against temporary disability and by deducting the attorney's fee from the permanent disability award. The WCAB rescinded the original decision and returned the case to the trial level for further proceedings and a new decision, noting the defendant should provide any admittedly due benefits.

Permanent Disability CreditTemporary Total DisabilityAttorney's Fee DeductionPetition for ReconsiderationFindings and AwardIndustrial InjuryBus OperatorRight ShoulderFuture Medical CareWCJ Decision

References

Case No. FRE 0233278

Regular

Dec 31, 2007

DELIA G. WILSON vs. BEEF PACKERS, INC, ZURICH INSURANCE

The Appeals Board granted reconsideration to address penalties and attorney's fees awarded by the WCJ. While affirming the WCJ's decision that the defendant could not deduct permanent disability advances made before April 8, 2006, the Board reversed the penalties and attorney's fees. The Board found that ambiguities in the Compromise and Release agreement regarding deductions created reasonable doubt, thus precluding penalties for delayed payment.

Workers' Compensation Appeals BoardDelia G. WilsonBeef PackersInc.Zurich InsuranceGallagher Bassett ServicesInc.Compromise and ReleaseOrder Approving Compromise and ReleasePermanent Disability Advances

References

Case No. ADJ3085209 (LAO 0871020), ADJ2932964 (LAO 0828514), ADJ8066790

Regular

Jul 06, 2018

MARC KELLER vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding of unreasonable delay in payments by the City of Los Angeles (City). The WCAB found that the City's application of a credit from one case to the front end of an award in another case was not unreasonable, as the stipulation was silent on the deduction method. Additionally, the WCAB determined that the City's deduction for the present value of a commuted attorney's fee in a separate case was a proper calculation of the award, not an unreasonable withholding. Consequently, no penalties or interest were deemed due.

ADJ3085209ADJ2932964ADJ8066790Petition for ReconsiderationFindings and Awardunreasonable delayLabor Code 4650Labor Code 5814Labor Code 5814.5attorney's fees

References

Case No. ADJ8155609

Regular

Feb 12, 2015

VINCENT LEWIS vs. NTS INC.; OLD REPUBLIC, Administered by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded the Administrative Law Judge's (ALJ) decision, finding that applicant Vincent Lewis did not sustain injury arising out of and occurring in the course of employment (AOE/COE). The WCAB determined that applicant's testimony was not credible due to numerous inconsistencies regarding the mechanism and date of injury, as well as prior incidents and claims. Furthermore, the WCAB found the applicant's treating physician's report to be unsubstantial due to internal contradictions and missing information. Consequently, the WCAB ordered that the applicant take nothing further by way of his claim.

AOE/COESubstantial EvidenceCredibilityInconsistent TestimonyMedical ReportBurden of ProofReconsiderationWCJ DecisionRescindWorkers' Compensation Appeals Board

References

Case No. ANA 0347858

Regular

Sep 12, 2008

KEYIN L. ROSS vs. SAN DIEGO CHARGERS and LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), SAN DIEGO CHARGERS, KANSAS CITY CHIEFS, TIG

The WCA's decision is affirmed for two reasons: Kansas City is wrong in claiming that San Diego was self-insured, and CIGA's statutes preclude Kansas City from recovering from San Diego.

Workers' Compensation Appeals BoardCIGALegion Insurance CompanyKansas City ChiefsSan Diego Chargerscontributioninsolvent insurercovered claimsInsurance Code section 1063.1(c)(5)deductible reimbursement

References

Case No. ADJ7445107

Regular

Oct 13, 2025

JILLIAN DIFUSCO vs. HANDS ON SPA, EMPLOYERS COMPENSATION INSURANCE GROUP

The Appeals Board, en banc, granted reconsideration of a WCJ's decision regarding disclosure requirements for defendants. The WCJ had ruled that the defendant only needed to disclose the name of its insurance carrier as per WCAB Rule 10390. The Board determined that its prior en banc decisions, Coldiron I and II, are binding precedent and require defendants to disclose all entities liable for payment and any insurance policy provisions affecting liability. Consequently, the WCJ's Findings of Fact and Order were rescinded, and the matter was returned to the trial level for further proceedings consistent with this comprehensive disclosure mandate.

En Banc DecisionWCAB Rule 10390Coldiron IColdiron IIDiscovery RequestInsurance Carrier DisclosureSelf-Insured RetentionLarge DeductibleEntity Liable for CompensationThird-Party Administrator

References

Case No. ADJ2711930 (OAK 0251340) ADJ1889959 (OAK 0318838)

Regular

Jul 21, 2015

MARK BAXTER vs. WASTE MANAGEMENT, INC., RELIANCE INSURANCE COMPANY, GALLAGHER BASSETT, PASCO SANITATION COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT

This case involves complex workers' compensation claims with multiple defendants and insurers, including CIGA, regarding injuries in 1998 and 1999. The appeals board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level. Key issues include the proper application of Insurance Code section 1063.1, the apportionment of liability between successive injuries, and the clarity of the liable entity for the 1999 injury. Further proceedings are needed to address these disputed issues.

Workers' Compensation Appeals BoardReconsiderationFremont Indemnity Insurance CompanyLiquidationCalifornia Insurance Guarantee Association (CIGA)Self-insurance deductibleTransient exacerbationJoint and several liabilityApportionment of liabilitySuccessive injury

References

Case No. ADJ10146503

Regular

Oct 20, 2018

ALAN KOON vs. RZ PLUMBING, INC.; AMTRUST

This case concerns an award of attorney's fees and costs to applicant's attorney, Robert Rassp, pursuant to Labor Code section 5801. The Second District Court of Appeals had previously remanded the matter for this purpose. The Workers' Compensation Appeals Board reviewed Rassp's request for 13.25 hours of work and $865.59 in costs, totaling $6,165.59. The Board disallowed two hours of travel time due to lack of clarity on the reasonableness and nature of the activity. Ultimately, the Board awarded Rassp a total of $5,365.59 in attorney's fees and costs.

Labor Code section 5801attorney's feescostsremandWorkers' Compensation Appeals Boardbill of particularsreasonableness of feestravel time deductionawarded amounttrial level return

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. ADJ3214075

Regular

Sep 23, 2025

GERARD MAHAN vs. A-1 GUARANTEE ROOFING, STATE COMPENSATION INSURANCE FUND

References

Case No. POM 0294241

Regular

May 15, 2008

MARIO GAONA vs. PAMA MANAGEMENT COMPANY, SOUTHLAND CLAIMS SERVICES

References

Case No. ADJ2578749

Regular

Feb 02, 2011

OSCAR RABADAN vs. MV TRANSPORTATION, ACE AMERICAN INSURANCE c/o BROADSPIRE

Permanent Disability CreditTemporary Total DisabilityAttorney's Fee DeductionPetition for ReconsiderationFindings and AwardIndustrial InjuryBus OperatorRight ShoulderFuture Medical CareWCJ Decision

References

Case No. FRE 0233278

Regular

Dec 31, 2007

DELIA G. WILSON vs. BEEF PACKERS, INC, ZURICH INSURANCE

References

Case No. ADJ3085209 (LAO 0871020), ADJ2932964 (LAO 0828514), ADJ8066790

Regular

Jul 06, 2018

MARC KELLER vs. CITY OF LOS ANGELES

ADJ3085209ADJ2932964ADJ8066790Petition for ReconsiderationFindings and Awardunreasonable delayLabor Code 4650Labor Code 5814Labor Code 5814.5attorney's fees

References

Case No. ADJ8155609

Regular

Feb 12, 2015

VINCENT LEWIS vs. NTS INC.; OLD REPUBLIC, Administered by GALLAGHER BASSETT SERVICES

AOE/COESubstantial EvidenceCredibilityInconsistent TestimonyMedical ReportBurden of ProofReconsiderationWCJ DecisionRescindWorkers' Compensation Appeals Board

References

Case No. ANA 0347858

Regular

Sep 12, 2008

KEYIN L. ROSS vs. SAN DIEGO CHARGERS and LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), SAN DIEGO CHARGERS, KANSAS CITY CHIEFS, TIG

The WCA's decision is affirmed for two reasons: Kansas City is wrong in claiming that San Diego was self-insured, and CIGA's statutes preclude Kansas City from recovering from San Diego.

References

Case No. ADJ7445107

Regular

Oct 13, 2025

JILLIAN DIFUSCO vs. HANDS ON SPA, EMPLOYERS COMPENSATION INSURANCE GROUP

En Banc DecisionWCAB Rule 10390Coldiron IColdiron IIDiscovery RequestInsurance Carrier DisclosureSelf-Insured RetentionLarge DeductibleEntity Liable for CompensationThird-Party Administrator

References

Case No. ADJ2711930 (OAK 0251340) ADJ1889959 (OAK 0318838)

Regular

Jul 21, 2015

MARK BAXTER vs. WASTE MANAGEMENT, INC., RELIANCE INSURANCE COMPANY, GALLAGHER BASSETT, PASCO SANITATION COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT

References

Case No. ADJ10146503

Regular

Oct 20, 2018

ALAN KOON vs. RZ PLUMBING, INC.; AMTRUST

Labor Code section 5801attorney's feescostsremandWorkers' Compensation Appeals Boardbill of particularsreasonableness of feestravel time deductionawarded amounttrial level return

References

Showing 1-10 of 42 results

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