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

Case No. POM 0295755 POM 0295756
Regular
Jan 28, 2008

CONSUELO RAMIREZ vs. ROYAL CABINETS, OAK RIVER INSURANCE COMPANY

The Appeals Board dismissed the defendant insurer's Petition for Reconsideration because the order allowing the applicant to elect against the insurer was not a final order. However, the Board granted removal to address the insurer's claim of irreparable harm regarding a specific injury election in 2006, for which they allegedly provided no coverage. Ultimately, the Board struck the 2006 specific injury election from the order while affirming the applicant's election against the insurer for the cumulative trauma claim from 1998-2007.

Labor Code 5500.5Petition Electing DefendantSpecific Injury ElectionCumulative Trauma ElectionDate of InjuryInsurance CoverageReconsiderationRemovalInterlocutory OrderFinal Order
References
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
Case No. OAK 0251632
Regular
Aug 08, 2007

Linda Wright vs. COUNTY OF ALAMEDA, AIG

In this workers' compensation case, the Appeals Board granted removal to amend a prior order. The Board found that applicant's election to proceed against a self-insured defendant meant that AIG, as a non-elected party, could not participate in proceedings or offer evidence, thus deleting the applicant's right to rebut AIG's medical reports. The Board declined to vacate the applicant's election against the self-insured defendant, affirming the employee's unfettered right to make such an election.

Workers' Compensation Appeals BoardRemovalAgreed Medical Evaluator (AME)Labor Code Section 5500.5(c)ElectionCumulative InjuryJoint and Several LiabilityApportionmentContributionDiscovery
References
Case No. ADJ7793905, ADJ7793938
Regular
Feb 25, 2014

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant, Shderick Fowlks, not covered by workers' compensation. Fowlks, an officer and sole shareholder of Lube Pit Stop, Inc., was deemed an employee under Labor Code section 3351(c) but excluded from compensation coverage by section 4151(a) because the corporation lacked specific election through a compensation policy. The WCAB clarified that while officers are generally employees, sole shareholder-officers require election to be covered, which was not demonstrated here due to policy exclusions. Therefore, Fowlks' claims for injuries sustained while working for the corporation were dismissed.

Labor Code section 3351(c)corporate officersole shareholderworkers' compensation coverageelectioninsurance policyexclusionshamadministrative law judgePetition for Reconsideration
References
Case No. ADJ12193024 ADJ12193022
Regular
Dec 17, 2020

NICOLE MENDOZA vs. PEPSICO AND US BANK, SEDGWICK CLAIMS MANAGEMENT SERVICES, Bottling Group LLC dba Pepsi Beverage Company

The Workers' Compensation Appeals Board granted Pepsi's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The WCJ improperly allowed the applicant to withdraw her election against US Bank without providing Pepsi notice or an opportunity to be heard. This violated due process, as Pepsi was not aware of the withdrawal of the election issue it had prepared to address. The case is returned to the WCJ for further proceedings, including a status conference to properly address the election issue.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJDeclaration of Readiness to ProceedElection Against DefendantLabor Code section 5500.5Cumulative TraumaStatus ConferenceMinutes of Hearing
References
Case No. ADJ769213 (FRE0198930)
Regular
Apr 10, 2023

MARLA CROSS vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF REHABILITATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order. The WCAB treated the petition as one seeking reconsideration because the applicant's election to proceed against CalTrans was deemed a threshold issue. However, the WCAB found no evidentiary record upon which to determine liability for benefits. Therefore, the WCAB preserved the applicant's election against CalTrans, deferred all other issues, and remanded the matter for further proceedings.

Petition for ReconsiderationGranting ReconsiderationRescind Minute OrderSubstitute OrderPreserve ElectionCalTransDefer IssuesThreshold IssueSubstantial EvidenceEvidentiary Record
References
Case No. ADJ3149625 (FRE 0249956)
Regular
May 21, 2015

RODOLFO MALTOS vs. SUPERIOR AIR HANDLING CORP, THE HARTFORD INSURANCE COMPANY

The applicant sustained a respiratory injury, specifically chronic obstructive pulmonary disease, during a cumulative exposure period ending November 4, 2007. The Workers' Compensation Appeals Board (WCAB) reconsidered an award that had been issued against Superior Air Handling Corp.'s insurer. While Liberty Mutual was involved, the applicant had elected to pursue the claim against The Hartford Insurance Company. The WCAB amended the decision to clarify that the award was specifically against Hartford, as applicant had elected to proceed against them.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrderAdministrative Law JudgeCumulative TraumaChronic Obstructive Pulmonary DiseaseSheet Metal WorkerInsurer ElectionStipulation of CoverageMedical Treatment
References
Case No. ADJ625812 (POM 0280514)
Regular
Aug 24, 2011

William McCarther vs. USS Cal Builders, Zurich North America, State Compensation Insurance Fund

Zurich North America sought removal after applicant's invalid election against SCIF, arguing it was precluded from discovery and entitled to its own medical evidence for a specific injury. The Board granted removal, finding the election void and the discovery delay unjustified. The case involves a specific industrial injury where both SCIF and Zurich may be liable, with Zurich having made its first appearance nearly twenty months after being joined. The Board redesignated the upcoming trial as a status conference to allow Zurich to present policy information and clarify its coverage stance.

Petition for RemovalZurich North AmericaSCIFElection Against SCIFLabor Code section 5500.5(c)Specific InjuryJoinder of Party DefendantCoverage DenialASCIPWorkers' Compensation Appeals Board
References
Case No. ADJ1607898 (LAO 0879867) ADJ2804252 (LAO 0879869) ADJ4136955 (LAO 0879868)
Regular
Sep 20, 2016

JON VERDOULIS vs. INK SYSTEMS, INC., AMERICAN INSURANCE/FIREMANS FUND INSURANCE COMPANY

This case involves a worker's cumulative trauma claims against Ink Systems, Inc. and American Insurance. The Administrative Law Judge (ALJ) initially found American Insurance liable for certain periods and allowed the applicant to elect against them. American Insurance sought reconsideration, arguing a prior settlement barred claims and their liability was limited by Labor Code section 5500.5. The Appeals Board granted reconsideration, adopting the ALJ's recommendation to amend the decision. The Board ultimately affirmed the original decision except for finding that the applicant *cannot* elect against American Insurance for these cumulative trauma claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactCompromise and ReleaseRes JudicataLabor Code section 5500.5cumulative traumaelection against insurerWCJadministrative law judge
References
Case No. ADJ8534090
Regular
Oct 10, 2025

EDDIE KENNISON III vs. DENVER BRONCOS, TRAVELERS INDEMNITY COMPANY

Defendant filed a petition for removal from an election made by the applicant at a hearing on December 18, 2023. Subsequently, on March 18, 2024, the parties filed a petition to withdraw the petition for removal as they had entered into a Compromise and Release, which was approved on the same day. As a result, the petition for removal is dismissed because the issue has become moot.

Petition for RemovalCompromise and ReleaseMootAdjudication NumbersWCJWorkers' Compensation Appeals BoardVan Nuys District OfficeDismissalApplicantDefendant
References
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