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

Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
References
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
Case No. ADJ2021542 (LAO 0874590)
Regular
Feb 03, 2010

RAUL MURILLO vs. PARAGON SCHMID BUILDING PRODUCTS; TRAVELERS

This case involves an applicant's cumulative trauma claim where the defendant insurer, Travelers, sought to join Liberty Insurance Corporation and Insurance Company of the State of Pennsylvania as parties. The administrative law judge initially denied joinder due to an EAMS registration issue with the proposed carriers. The Appeals Board granted removal, rescinded the denial, and joined Liberty as a party defendant, finding its coverage period necessary for adjudication. However, Pennsylvania was not joined due to insufficient evidence regarding its necessity and potential coverage overlap.

RemovalOrder Denying JoinderPetition for Order Joining Party DefendantCumulative TraumaEAMSWCIRBNecessary PartyAdjudicationAdministrative ConvenienceLiberty Insurance Corporation
References
Case No. ADJ3674251 (SDO 0355041)
Regular
Jun 02, 2010

JACQUELINE NGUYEN vs. MPEX PHARMACEUTICALS, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves an insurer's petition for removal after a WCJ denied their request to join a prior employer and its insurer for contribution. The applicant has received benefits from two prior awards. The Appeals Board granted the removal, rescinded the denial of joinder, and returned the matter to the trial level. This action is to facilitate arbitration regarding the date of last injurious exposure and coverage status, which are prerequisites for contribution proceedings under Labor Code section 5500.5.

Petition for RemovalOrder Denying Petition for JoinderPetition for ContributionJoinder of PartiesContribution ProceedingsLabor Code Section 5500.5Date of Last Injurious ExposureDate of Injury Section 5412ArbitrationRescinded Order
References
Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
Case No. ADJ17263528
Regular
Oct 07, 2025

Jessica Hartnett vs. County of Kern, State of California, Department of Corrections

The Workers' Compensation Appeals Board considered a petition for removal filed by defendant SCIF, contesting a joinder order issued by the workers' compensation administrative law judge on October 15, 2024. Defendant claimed the joinder was inappropriate due to a lack of service. The Board emphasized that removal is an extraordinary remedy and found that the petitioner did not demonstrate substantial prejudice or irreparable harm. Consequently, the Board dismissed the Petition for Removal, directing the WCJ to treat it as a petition to set aside the joinder and schedule a hearing to establish a record for determining the joinder's appropriateness.

Petition for RemovalOrder of JoinderWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationPetition to Set Aside JoinderContinuing JurisdictionLabor Code Section 5803
References
Case No. ADJ3962190 (VNO 0406509)
Regular
Jun 15, 2012

VOLODYMYR NAUMENKO vs. TECHNICAL TROUBLE SHOOTING, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights. The petition was also denied regarding removal, as the petitioner failed to demonstrate substantial prejudice or irreparable harm. A joinder petition by Liberty Mutual and Golden Eagle was dismissed for not being timely filed. Therefore, the Board dismissed the reconsideration petition and denied the removal petition.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLabor CodeWCABWCJ's ReportPrejudiceIrreparable Harm
References
Case No. ADJ7503292
Regular
Mar 26, 2013

RIGOBERTO MENDOZA vs. PIZZA MIZZA, GUARD INSURANCE GROUP

The Workers' Compensation Appeals Board denied Rigoberto Mendoza's petition for reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) finding that Mendoza did not sustain the alleged industrial injury. The WCJ's decision was based on an evaluation of witness credibility and inconsistencies in Mendoza's account of the injury. Specifically, the WCJ found the employer's testimony more credible regarding the timing and nature of the reported injury. The Board gave great weight to the WCJ's credibility determination, leading to the denial of reconsideration.

WCABPetition for ReconsiderationDenialCredibilityGarza v. Workers' Comp. Appeals Bd.ApplicantEmployerIndustrial InjuryBack InjuryLeg Injury
References
Case No. ADJ10786752
Regular
Jun 18, 2018

Marco Urbina vs. Taylor Walk, Inc., Pacific Compensation Insurance Company, Republic Underwriters Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company. The WCAB found that the Order Denying Petition for Joinder was not a final order, thus dismissing the petition for reconsideration. The Board determined that Pacific Compensation Insurance Company was prejudiced by the denial, as it prevented them from pursuing contribution from Republic. The case was returned to the trial level for further proceedings consistent with the WCAB's decision.

Petition for ReconsiderationPetition for RemovalPetition for JoinderCompromise and ReleaseLabor Code Section 5500.5Supplemental ProceedingsContribution ProceedingsDue ProcessCumulative Trauma InjuryDiscovery Rights
References
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