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Case Law Database

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

Case No. ADJ1940516 (GOL 0101910)
Regular
Apr 29, 2011

TONY COSTANTINO (Deceased), ELLIE COSTANTINO (Widow), CIERA MILLENDER (Dependent) vs. SANTA BARBARA SCHOOL DISTRICT

This case concerns whether a stepdaughter is entitled to the conclusive presumption of total dependency for workers' compensation death benefits under Labor Code section 3501. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, holding that the conclusive presumption does not apply to stepchildren absent legal adoption. The Board found insufficient evidence regarding the stepdaughter's actual dependency and returned the matter for further proceedings to develop the record on this issue. The WCAB clarified that while stepchildren can be dependents, the specific statutory presumption of total dependency is limited to "children" under the law.

Workers' Compensation Appeals BoardIndustrial InjuryDeath BenefitsDependencyLabor Code Section 3501Conclusive PresumptionStepchildPartial DependentReconsiderationWCJ
References
3
Case No. ADJ7959316 ADJ8228747
Regular
Jul 05, 2018

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, DEPENDABLE CARE AMBULANCE, SUSSEX INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, PRAETORIAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address defendant California Insurance Company's (CIC) contentions. CIC disputes the arbitrator's finding that applicant was not employed by Dependable Care Ambulance and argues that certain insurance policies should provide coverage under equitable principles. The Board found the arbitrator's decision lacked an adequate evidentiary record, specifically noting the failure to admit and clearly identify documentary evidence. Therefore, the matter is returned to the arbitrator to create a complete record before issuing a new decision.

ADJ7959316ADJ8228747Dependable Care TransportationDependable Care AmbulanceCalifornia Insurance CompanyPraetorian Insurance CompanySussex Insurance CompanyPetition for ReconsiderationArbitratorLabor Code Section 5500.5
References
11
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
1
Case No. ADJ9803664
Regular
Dec 04, 2015

JUAN GONZALEZ (Deceased), DEPARTMENT OF INDUSTRIAL RELATIONS, DEATH WITHOUT DEPENDENTS UNIT vs. CALIFORNIA HIGHWAY PATROL DISABILITY & RETIREMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a judge's order that stayed proceedings pending the outcome of a probate case. The WCAB determined that probate court findings have limited relevance to determining workers' compensation death benefits and that the WCAB has sole jurisdiction over dependency issues. By staying the proceedings, the judge's order caused significant prejudice to the defendant, SCIF, by hindering discovery and resolution of a potential partial dependency claim. The matter was reset for further proceedings, with parties urged to attempt informal settlement.

Death benefitsDependencyWorkers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceProbate proceedingsLabor CodeCalifornia Highway PatrolState Compensation Insurance FundDeath Without Dependents Unit
References
1
Case No. ADJ8508466
Regular
Nov 05, 2013

ROBERTO RAMIREZ (Deceased); MARIA GUADALUPE DIAZ de RAMIREZ, Guardian ad Litem for MARIA LINA RAMIREZ DIAZ, vs. VISTA PAINT CORPORATION, Permissibly Self-Insured,

This Workers' Compensation Appeals Board decision grants reconsideration and returns the case to the trial level for further proceedings. While the WCJ correctly found the daughter was partially dependent, the Board noted an incomplete record regarding the wife's dependency status and potential eligibility under Labor Code section 3501(b). The Board also found the issue of attorney fees was not decided. Consequently, the matter is remanded for determination of the wife's dependency, the correct death benefit amount, and attorney fees, or for clarification on why these issues were not previously addressed.

Workers' Compensation Appeals BoardRoberto RamirezMaria Guadalupe Diaz de RamirezMaria Lina Ramirez DiazVista Paint CorporationLabor Code section 3501(a)Labor Code section 3501(b)conclusive presumptiondependencypartial dependent
References
0
Case No. MISSING
Regular Panel Decision

Claim of Watson v. Vogue Metalcraft, Inc.

This case involves an appeal from a Workers' Compensation Board decision that awarded death benefits to the mother of a deceased employee. The employee sustained fatal injuries in an explosion at her workplace on July 24, 1980. The central issue on appeal was the validity of the board's finding that the mother was a dependent according to the Workers' Compensation Law. The court reviewed the record and concluded that there was ample support for the board's determination. Consequently, the decision was affirmed, with costs awarded to the Workers' Compensation Board.

Death BenefitsDependency ClaimWorkers' Compensation LawAppellate DecisionFatal AccidentExplosion IncidentEmployee RightsBoard DeterminationCourt Costs
References
2
Case No. MISSING
Regular Panel Decision

State ex rel. Dunn v. Catholic Home Bureau for Dependent Children

Maureen M. Dunn filed a writ of habeas corpus to regain custody of "Baby Girl" Dunn, born April 6, 1986, after executing a surrender for adoption to Catholic Home Bureau for Dependent Children (CHB) on May 1, 1986. The child was placed with prospective adoptive parents, John and Mary Doe, on April 10, 1986. Dunn attempted to revoke her surrender on May 21, 1986, within the 30-day period stipulated by Social Services Law § 384(5). The adoptive parents moved to dismiss or transfer the case, arguing against Supreme Court jurisdiction. The court retained jurisdiction and, following hearings, addressed Dunn's claims of fraud, duress, or coercion in the surrender's execution, which it ultimately denied despite concerns about CHB's procedures and a witness's credibility. The court also clarified the application of Social Services Law §§ 383(6) and 384(5) regarding the natural mother's rights post-surrender, ruling that Dunn lost her presumption of superiority once the child was placed in an adoptive home, requiring the custody determination to be based solely on the child's best interests. Considering the stability, financial security, and family ties of the adoptive parents versus the natural mother's temporary employment, uncertain support from the natural father, and past substance use during pregnancy, the court found it in the child's best interest to remain with the adoptive parents and be adopted by them.

AdoptionChild CustodyHabeas CorpusSurrender of Parental RightsBest Interests of the ChildParental RightsSocial Services LawRevocation of SurrenderFraudDuress
References
10
Case No. MISSING
Regular Panel Decision

Claim of Lafferty v. JBA National, Inc.

The Workers' Compensation Board initially found the claimant, a dependent of Daniel Lafferty, eligible for benefits. The employer and carrier subsequently appealed a Board decision that declined to postpone benefit payments. This appeal was initiated while issues regarding the settlement of a third-party lawsuit and the determination of deficiency compensation remained unresolved. The court ultimately dismissed the appeal, ruling it premature because the exact credit amount to be offset from the claimant's benefits, derived from the third-party action, constituted a factual question still pending resolution by the Board.

Workers' CompensationDependent BenefitsThird-Party LawsuitDeficiency CompensationPremature AppealFactual QuestionBoard DecisionAppeal DismissedCredit CalculationInsurance Carrier
References
0
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. ADJ 6989600 ADJ 7517232 ADJ 7597741 ADJ 9169430
Regular
May 02, 2016

RENE MENDOZA (Deceased) DOLORES MENDOZA (Dependent) vs. CITY OF LOS ANGELES DEPARTMENT OF HOUSING AUTHORITY; YORK

This Workers' Compensation Appeals Board case involves a petition for removal filed by a petitioner, who subsequently withdrew it. As a result, the Board ordered the dismissal of the petition. The case originates from the claims of Dolores Mendoza, dependent of the deceased Rene Mendoza, against the City of Los Angeles Department of Housing Authority and York. This dismissal pertains to a decision issued on March 16, 2016.

Petition for RemovalWorkers' Compensation Appeals BoardDismissedApplicantDependentDefendantCase Nos.Van Nuys District OfficeDecisionPetitioner
References
0
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