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

Case No. ADJ4484214, ADJ1095231, ADJ1532047, ADJ7900801
Regular
May 17, 2017

CANA SWARTOUT vs. ENTERTAINMENT PARTNERS, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES, CAST & CREW ENTERTAINMENT, ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, CNA CLAIMS PLUS

This case involved multiple employers and insurance carriers for Dana Swartout's various work-related injuries sustained between 2002 and 2007. The Workers' Compensation Appeals Board (WCAB) initially issued findings but granted reconsideration to study the issues, including contentions about permanent total disability and statute of limitations. Following settlement conferences, the parties entered into a Compromise and Release agreement, which the WCAB has now approved. The WCAB rescinded its prior order and approved the settlement, finding it adequate and in the applicant's best interest.

Workers Compensation Appeals BoardDana SwartoutEntertainment PartnersAmerican Home AssuranceAIG Claims ServicesCast & Crew EntertainmentZurich North AmericaAmerican Casualty CompanyCNA Claims PlusPermanent Total Disability
References
Case No. ADJ201545
Regular
Jun 30, 2015

GEORGE ZAMORA vs. ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, CNA CLAIMS PLUS, CAST AND CREW ENTERTAINMENT, INC., ZURICH NORTH AMERICA

This case involves a Petition for Reconsideration by Defendant Cast & Crew concerning a workers' compensation award. The petitioner argued the Statute of Limitations barred contribution claims and sought to avoid future liability. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's reasoning. The WCJ found that contribution claims were not time-barred, citing case law that distinguishes enforcing an existing award from determining initial apportionment. Therefore, Cast & Crew's petition was denied as they were aware of their ongoing liability.

WORKERS' COMPENSATION APPEALS BOARDGEORGE ZAMORAENTERTAINMENT PARTNERSAMERICAN CASUALTY COMPANYCNA CLAIMS PLUSCAST AND CREW ENTERTAINMENTZURICH NORTH AMERICAPetition for ReconsiderationWCJCal. Code Regs. tit. 8 § 10848
References
Case No. ADJ1476185 (MON 0334369) ADJ3547558 (VNO 0539804)
Regular
Aug 26, 2014

NAMES ETTER vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, 20TH CENTURY FOX, GALLAGHER BASSETT SERVICES, ENTERTAINMENT PARTNERS, CNA, AVALON/DISNEY

In this workers' compensation case, the Workers' Compensation Appeals Board (WCAB) has dismissed a petition for reconsideration and removal filed by the applicant, James Etter. The Board adopted and incorporated the reasoning presented in the administrative law judge's report recommending dismissal. Therefore, the WCAB's order effectively denies further review of the case at this stage.

Petition for ReconsiderationRemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedZurich North AmericaGallagher Bassett ServicesEntertainment PartnersAvalon/DisneyCast & Crew Entertainment Services
References
Case No. ADJ8222803
Regular
Jul 30, 2018

TERRY LASKO vs. ENTERTAINMENT PARTNERS; AIG, Cast & Crew Entertainment Services

This case involves a petition for contribution where Entertainment Partners seeks reimbursement from Cast & Crew for benefits paid to an applicant. The original arbitrator awarded Entertainment Partners $95,565.17 but denied Cast & Crew liability for future medical care. Entertainment Partners contends the arbitrator erred by arbitrarily allocating $7,500 to an unpled specific injury and by denying them contribution for temporary disability. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings due to the arbitrator exceeding his authority by making an unsubstantiated allocation.

Labor Code Section 5500.5ContributionPetition for ReconsiderationFindings and AwardCompromise and ReleaseCumulative TraumaFuture Medical CareArbitrator AuthorityTemporary DisabilitySpecific Injury
References
Case No. ADJ6959869
Regular
Nov 12, 2013

DAVID BODIN vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS CLAIMS INC.

The Workers' Compensation Appeals Board granted reconsideration of an order that dismissed "Entertainment Partners" as a party defendant with prejudice. The applicant sought to have the dismissal be without prejudice to allow for potential rejoining of the defendant. The Board agreed with the judge's recommendation to amend the dismissal order. Therefore, Entertainment Partners is dismissed without prejudice, allowing the applicant to potentially rejoin them if further discovery warrants.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative Trauma InjuryDismissal Without PrejudiceFinal OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law JudgeRejoin Defendant
References
Case No. LAO 0840517
Regular
Aug 20, 2007

UZMA XINA KANG vs. ENTERTAINMENT PARTNERS, CNA CLAIMPLUS

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The Board found the applicant to be a "minimum earner" for both temporary and permanent disability indemnity purposes. Consequently, the temporary disability indemnity rate was reduced to \$126 per week and the total permanent disability indemnity was adjusted to \$11,576.25, reflecting a lower average weekly earnings calculation than initially awarded.

Uzma Xina KangEntertainment PartnersCNA ClaimplusPetition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardIndustrial InjuryRight AnkleLow BackLungs
References
Case No. ADJ7935179
Regular
May 09, 2016

STEVEN HUNTER vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, AMERICAN INTERNATIONAL GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) denied Steven Hunter's petition for reconsideration in Case No. ADJ7935179. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ). The Board affirmed that a single, considered physician's opinion can constitute substantial evidence, even if contradicted by other medical opinions, citing *Place v. Workmen's Comp. Appeals Bd.* Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportsubstantial evidencephysician opinionPlace v. Workmen's Comp. Appeals Bd.denied reconsiderationADJ7935179Entertainment PartnersInsurance Company of the State of Pennsylvania
References
Case No. ADJ 2674252
Regular
Apr 21, 2008

LOYD CATLETT vs. ENTERTAINMENT PARTNERS, CONTINENTAL CASUALTY OF READING PENNSYLVANIA c/o CNA CLAIMPLUS

This case concerns the calculation of temporary partial disability benefits for a stuntman injured on July 28, 2001, and November 2000. The applicant argued that benefits should be calculated weekly and that later payments should be at the current rate per Labor Code section 4661.5. The Appeals Board affirmed the WCJ's decision, finding that benefits were properly calculated by comparing total pre-injury average weekly earnings to actual earnings over the entire disability period, reflecting the sporadic nature of the applicant's work. The Board clarified that Labor Code section 4661.5 only applies to temporary total disability, not temporary partial disability.

Workers' Compensation Appeals BoardLoyd CatlettEntertainment PartnersContinental Casualtytemporary partial disabilityjoint findings and orderreconsiderationworkers' compensation administrative law judgetemporary disability benefitsEDD benefits
References
Case No. ADJ4176208 (VNO 0549338)
Regular
Sep 25, 2009

CHRISTOPHER STIEPEKE vs. ENTERTAINMENT PARTNERS, INC., AIG COSTA MESA

The Workers' Compensation Appeals Board denied Entertainment Partners, Inc.'s petition for reconsideration. The defendant disputed the finding that the applicant's average weekly earnings were sufficient to make them liable for the Employment Development Department's (EDD) lien. The Board affirmed the administrative law judge's decision, clarifying that the judge did not establish a specific average weekly earnings amount but rather determined the minimum necessary for the defendant to cover the EDD lien. Therefore, the defendant's petition was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeAverage Weekly EarningsTemporary Disability IndemnityEmployment Development DepartmentEDD LienIndustrial InjuryRight Elbow
References
Case No. ADJ8222803
Regular
Aug 05, 2019

Terry Lasko vs. Entertainment Partners, AIG, Cast & Crew, Zurich North America, Universal Studios, Paramount Pictures

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision regarding contribution between two employers, Entertainment Partners and Cast & Crew. The WCAB modified the award, ordering Cast & Crew to contribute to future medical care for the applicant's left shoulder, finding substantial evidence of industrial injury. However, the WCAB affirmed the arbitrator's denial of Cast & Crew's contribution for temporary disability and future medical care for GERD, constipation, and high blood pressure due to insufficient evidence of industrial causation for those conditions. One commissioner dissented, arguing for Cast & Crew's contribution to future medical care for the internal conditions.

Cumulative TraumaContribution PetitionLabor Code Section 5500.5Compromise and ReleaseFuture Medical CareApportionmentPanel Qualified Medical EvaluatorSubstantial Medical EvidenceNon-Industrial InjuryIndustrial Injury
References
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