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

Case No. ADJ8621962
Regular
Oct 07, 2013

RANDY EISTER vs. TCI TRANSPORTATION, PROTECTIVE INSURANCE INDIANAPOLIS

This case involves a truck driver, Randy Eister, who filed a workers' compensation claim for back and chest injuries allegedly sustained on October 7, 2012. The claim was denied, and Eister was terminated for cause prior to filing. The Workers' Compensation Appeals Board (WCAB) denied Eister's petition for reconsideration. The WCJ found Eister's testimony not credible, citing inconsistencies and a lack of corroboration for his alleged injury. The Board adopted the WCJ's report, emphasizing the deference given to the judge's credibility findings.

Petition for ReconsiderationWCABEisterTCI TransportationProtective Insurance IndianapolisTruck DriverAOE/COEPost-termination defenseCredibilityTimeliness
References
Case No. ADJ7032862 ADJ8942352
Regular
Jan 31, 2019

Robert Lockhart vs. Lexmar Distribution, Inc., Safety National Casualty Company, MATRIX, Redwood Fire, BHHC, California Insurance Guarantee Association, SEDGWICK CLAIMS MANAGEMENT SERVICES, ULLICO CASUALTY COMPANY

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding a cumulative trauma injury. The Board found that neither of the medical evaluators adequately understood the applicant's specific job duties as a hostler driver. Without a proper understanding of the cumulative physical impact of these duties, their opinions lack substantial evidence to support a finding of cumulative trauma. The matter is returned to the trial level for further development of the medical record regarding the applicant's job duties.

Workers' Compensation Appeals BoardCumulative TraumaSpecific InjuryPermanent DisabilityMedical EvidenceAgreed Medical EvaluatorPanel Qualified Medical ExaminerJob DutiesHostler DriverTruck Driver
References
Case No. ADJ9293237
Regular
Dec 12, 2017

MIGUEL GARCIA vs. AMERICAN WEST WORLDWIDE EXPRESS, INC., BLUE STAR CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding applicant Miguel Garcia an independent contractor. The WCAB found that the applicant established a prima facie case of employment, shifting the burden to the employer to prove independent contractor status. The Board determined that the employer exercised significant control over the applicant's work, despite the written agreement, but found insufficient evidence regarding the right to control and differences between employee and owner-operator drivers. Consequently, the WCAB rescinded the prior order and returned the case for further development of the record and a new decision.

Independent contractorEmployee statusBorello testRight to controlTruck driverOwner-operatorLabor Code section 2750.5WCABReconsiderationFindings and Order
References
Case No. ADJ8910480
Regular
Oct 02, 2015

SIMONA MONTALVO vs. DRIVER'S MANAGEMENT, LLC, ACE AMERICA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board upheld the Administrative Law Judge's decision that the applicant, a truck driver, did not sustain a psychiatric injury arising out of and occurring in the course of employment. This denial was based on the ALJ's finding of applicant's lack of credibility due to inconsistent statements and the absence of substantial evidence to overturn this determination. The Board also admonished applicant's representative for misrepresenting an exhibit's status in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJpsychiatric injuryLabor Code section 3208.3(d)credibility determinationReport and RecommendationMandatory Settlement Conference (MSC)Pre-Trial Conference Statement
References
Case No. ADJ9326556 ADJ9768185
Regular
Mar 16, 2018

Walter Donovan vs. United Parcel Service, Liberty Mutual Insurance Company

This case involves applicant Walter Donovan, a UPS truck driver, seeking a higher occupational group number (460, material handlers) than the WCJ's finding (350, truck drivers). The Appeals Board granted reconsideration, applying the "dual occupation" rule. They found Donovan's duties as a delivery driver included significant loading and unloading, thus entitling him to the higher-rated group number 460 for permanent disability calculations. The Board's decision amends the original award to reflect this occupational group assignment.

Dual occupation ruleOccupational group numberTruck driversMaterial handlersMachine loadersPackage deliveryPermanent disabilityPetition for reconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator
References
Case No. ADJ2790090 (LAO 0278759) ADJ2006433 (LAO 0799986)
Regular
Aug 01, 2011

ORANGE PORTER vs. WESTEC GEAR CORPORATION, CNA CASUALTY OF CALIFORNIA

This case involves competing petitions for reconsideration of a workers' compensation award. The primary issue is the lack of a complete record, specifically the absence of served Minutes of Hearing and Summary of Evidence, which prevents meaningful review. Consequently, the Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings and a new decision. The parties raised various contentions regarding injury findings, apportionment, and indemnity rates, which will be addressed on remand.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardIndustrial InjuryCervical SpineLumbar SpineUpper ExtremitiesBilateralLeft Lower ExtremityPsyche
References
Case No. ADJ7412203
Regular
Jul 15, 2011

RIGOBERTO GARCIA vs. COLE RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant's industrial injury was caused by a "sudden and extraordinary" event, thereby exempting it from the six-month employment rule for psychiatric injuries under Labor Code section 3208.3(d). The Board corrected a clerical error in the citation of the relevant statute. While the defendant argued the event was an inherent risk of the job, the applicant's uncontradicted testimony provided the only evidence suggesting it was not routine. A dissenting opinion argued that a simple fall from a ladder, without more, should not qualify as extraordinary, especially given the short employment duration and lack of evidence for truly unusual circumstances.

Workers' Compensation Appeals BoardRigoberto GarciaCole RanchState Compensation Insurance FundADJ7412203Opinion and Order Denying Petition for ReconsiderationCorrecting Clerical ErrorFindings and Ordersavocado pickerhigh tree worker
References
Case No. ADJ3855987 (OAK 0344425)
Regular
Aug 22, 2012

FRANCIS CRUZ vs. UNIVERSITY ELECTRIC COMPANY, INC., AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of an order allowing an Employment Development Department lien claim. The Board rescinded the original order, finding that the parties had reached a new stipulation based on a mutual mistake regarding the application of a time-off-work cap to the lien. The case is returned to the trial level for further proceedings to approve the replacement stipulation or for the judge to re-issue the original order if the new stipulation is not approved. The Petition for Removal was dismissed as reconsideration was deemed an adequate remedy.

Workers Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder Allowing Lien ClaimEmployment Development DepartmentMutual Mistake of FactTTD CapCompromise and ReleaseStipulationWCJ
References
Case No. SRO 0105138, SRO 0105139
Regular
Jan 18, 2008

TRACIE BROOKS vs. NORTHGATE GARAGE DOOR, SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that driver-assisted transportation to medical appointments, even those set by the applicant's attorney, is an appropriate issue for an Expedited Hearing when the applicant cannot drive. The Board determined it has equitable power to order pre-payment of medical-legal mileage, reversing the WCJ's decision. Consequently, the defendant was ordered to provide a driver for the applicant's QME appointment.

Expedited HearingMedical-legal mileageDriver-assisted transportationAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Pre-payment of expensesEquitable powersLabor Code section 5502(b)Final orderReconsideration
References
Case No. ADJ800751 (VNO 0554673)
Regular
May 24, 2012

RUBEN KESHISHIAN vs. PROGRESS RAIL SERVICE/VIC'S TRUCKING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Ruben Keshishian was employed as a truck driver by Progress Rail Service on August 30, 2007. This finding was supported by the WCJ's analysis under the *Borello* factors, which the Board adopted. The decision was further supported by cited cases from the California Supreme Court and appellate courts. Therefore, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedEmployment StatusTruck DriverS.G. Borello & SonsLiberty Mutual InsuranceProgress Rail ServiceVic's TruckingWCJ OpinionAdministrative Law Judge
References
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