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Case Law Database

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
Case No. ADJ3252798 (ANA 0407298)
Regular
Nov 02, 2011

CATALINO DIAZ (Deceased), RUBERTA DIAZ (Widow), MARGARET NATASHA DIAZ vs. PEOPLE'S CARE INC., STATE COMPENSATION INSURANCE FUND

This case concerns Ruberta Diaz's claim for death benefits as the widow of Catalino Diaz, who sustained a fatal industrial injury. The initial decision awarded benefits to their minor child but denied Ruberta’s claim, finding she failed to prove dependency. Ruberta contends she is a total dependent and that the judge erred in not addressing this, or alternatively, in finding no partial dependency. The Appeals Board granted reconsideration, deferred the issue of Ruberta's dependency, and returned the case to the trial level for further evidence and decision, while affirming the award to the minor child.

DependencyDeath BenefitWidow's ClaimMinor ChildPartial DependencyTotal DependencyPetition for ReconsiderationFindings and AwardWCJEvidence
References
Case No. ADJ8822343
Regular
Aug 29, 2019

MARY LEON (Deceased) vs. DSS (IN HOME SUPPORT COUNTY OF LA), MEALS ON WHEELS

This case concerns a death benefit claim following the industrial death of Maria Leon. The applicant, the Death Without Dependents unit (DWD), sought to recover death benefits arguing the decedent left no dependents. However, the Board found substantial evidence that the decedent's sons, Juan Manuel Vasquez and Julian Vasquez, were partial dependents, thus DWD failed to meet its burden of proof. Consequently, DWD's claim for death benefits was denied, and the Board amended the original findings to reflect this outcome.

Death benefitsDWDdependentsstatutory death benefitpartial dependencycivil recovery creditstatute of limitationsburden of proofLabor Code section 4706.5employer liability
References
Case No. ADJ6751913
Regular
Apr 23, 2013

EDWIN MORENO (DEC.), ADRIAN AND NELLY MORENO, DEATH WITHOUT DEPENDENTS UNIT vs. CERADYNE INC, LIBERTY MUTUAL INSURANCE COMPANY

This case involves the denial of reconsideration for a petition filed by the parents of a deceased worker, Edwin Moreno. The parents claimed partial dependency on their son's income, but the Workers' Compensation Appeals Board (WCAB) upheld the Administrative Law Judge's (ALJ) decision that they failed to prove the required legal standard for dependency. Specifically, the parents could not quantify any monetary contributions their son made to their business or their support. The WCAB also noted a procedural issue with service of the petition but denied reconsideration on the merits.

Workers' Compensation Appeals BoardDeath Without Dependents UnitPetition for ReconsiderationPartial DependentsDeath BenefitsIndustrial AccidentDependency ClaimSupportChevron USAInc. v. WCAB (Stecle)
References
Case No. ADJ3197408 (FRE 0226208)
Regular
Nov 21, 2011

Guadalupe Ayon (Deceased); Irena Ayon, Miguel Ayon, Erica Ayon, Department of Industrial Relations, Death Without Dependents Unit vs. Cal Grain and Hay; Zenith Insurance Company

The Workers' Compensation Appeals Board denied reconsideration for both the applicants and the defendant. The Board upheld the finding that the mother and sister were not dependents of the deceased worker, as they failed to prove a net financial benefit was provided to the household. Their argument for estate benefits under an unconstitutional statute was also rejected, with the Board noting that judicial decisions invalidating statutes apply retroactively. Consequently, the employer remains obligated to pay $125,000 to the Department of Industrial Relations for death without dependents.

Workers' Compensation Appeals BoardDependent death benefitLabor Code section 4706.5(a)Fatal injuryDependencyPartial dependentFinancial dependencyNet financial benefitEstate benefitsUnconstitutional statute
References
Case No. ADJ3872772 (VNO 0546594) ADJ310152 (MON 0351415)
Regular
Nov 05, 2015

HIRAN EDIRIWEERA (Deceased); DEPARTMENT OF INDUSTRIAL RELATIONS, DEATH WITHOUT DEPENDENTS UNIT vs. SRR, LLC; STATE COMPENSATION INSURANCE FUND

Petitioners, alleged partial dependents of a deceased worker, sought to overturn a 2007 Compromise and Release agreement where the insurer paid death benefits to the State's Death Without Dependents Unit, asserting they received no notice. The Board dismissed their petition for reconsideration of the 2007 order due to untimeliness and failure to meet reopening criteria. However, the Board removed the separate, pending death benefit claim (ADJ3872772) to address the petitioners' potential claims for partial dependency, acknowledging prior notification of their existence to the insurer.

Partial dependentsDeath benefitsCompromise and Release AgreementPetition for ReconsiderationOrder Approving Compromise and ReleaseReopeningTimelinessNoticeOpportunity to objectIndustrial injury
References
Case No. ADJ3525697 (LAO 0534774) ADJ2342373 (LAO 0512482) ADJ1310306 (LAO 0568035) ADJ2645702 (LAO 0519888) ADJ1384751 (LAO 0568036) ADJ2871875 (ANA 0235799)
Regular
Feb 03, 2017

ALICE BRYANT vs. REGENTS OF THE UNIVERITY OF CALIFORNIA, permissibly self-insured, UCLA MEDICAL CENTER; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Alice Bryant's petition for reconsideration of prior dismissed workers' compensation claims and a Labor Code section 132a retaliation claim. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the administrative law judge's findings. The WCAB concluded that Bryant's claims were previously dismissed, with some dismissed by her own request and others for failure to prosecute. Furthermore, the WCAB found that Bryant failed to demonstrate extrinsic fraud and lacked the required diligence to reopen these final dismissals, even with newly discovered evidence.

Workers' Compensation Appeals BoardRegents of the University of CaliforniaSedgwick Claims Management ServicesPetition for ReconsiderationFindings and OrdersWorkers' Compensation Administrative Law JudgeLabor Code section 132aRetaliation claimExtrinsic fraudDismissed claims
References
Case No. ADJ799117 (LBO 0393727)
Regular
Jan 14, 2010

FRANK CRUZ (Deceased), DIANA CRUZ (Widow) vs. KRETSCHMAR & SMITH, INC., STATE COMPENSATION INSURANCE FUND

This case involves a widow's claim for death benefits following her husband's fatal industrial injury. The employer argued the claim was barred by a "carve-out" agreement under Labor Code §3201.5, which allows alternative dispute resolution for unionized employees. The Workers' Compensation Appeals Board rescinded the dismissal, finding that carve-out agreements under §3201.5 apply only to employees, not to dependents' death benefit claims. The Board determined that dependents' death benefits are independent rights, not derived from the employee's claim. The case is returned for further proceedings on the merits of the widow's claim.

Carve-out agreementLabor Code § 3201.5Death benefitsDependentsCollective bargaining agreementWorkers' Compensation Appeals BoardReconsiderationRescinded orderLabor Code § 3202Independent claim
References
Case No. ADJ1282419 (LAO 0846452) ADJ915214 (LAO 0854736)
Regular
Feb 01, 2010

VALERIE VANCE DILLON vs. TJ MAXX, CNA CLAIMS PLUS

This case involves a Compromise and Release agreement between the applicant and defendants. The Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level. This action is contingent on the workers' compensation administrative law judge approving the settlement. If not approved, the original decision could be reinstated, with the right to seek reconsideration.

Compromise and ReleasePetition for ReconsiderationGrant ReconsiderationRescind DecisionTrial LevelWorkers' Compensation Appeals BoardAdministrative Law JudgeSalvage and ClaimsSalvage and ClaimsSalvage and Claims
References
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