Updated Daily

Case Law Database

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

Case No. ADJ1182220 (WCK 0044768) ADJ144318 (WCK 0044769)

Regular

Feb 27, 2009

RICHARD CRUZ vs. AMERICAN PROTECTIVE SERVICES INC., CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an award to Richard Cruz. The Board adopted the findings of the Administrative Law Judge (WCJ) who found that the applicant sustained a specific industrial spinal injury on December 16, 1997, and a cumulative trauma spinal injury through January 28, 1998, while employed by American Protective Services. The WCJ found the applicant credible and relied on the opinions of two medical evaluators, Dr. Brose and Dr. Lavorgna, who ultimately supported the finding of industrial injuries. The Board gave great weight to the WCJ's credibility determination and incorporated the WCJ's report, denying the defendant's petition.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ ReportCredibility FindingIndustrial InjurySpecific InjuryCumulative TraumaSpine InjurySecurity GuardAgreed Medical Evaluator

References

Case No. ADJ4599426 (STK 0172874) ADJ1616335 (STK 0186679)

Regular

Dec 16, 2010

JASON HONOR vs. DOT FOODS, AMERICAN PROTECTION INSURANCE COMPANY, BROADSPIRE, SENTRY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied American Protection's petition for reconsideration regarding applicant Jason Honor's claims. The Board granted the applicant's petition for reconsideration, amending the initial findings to correct a clerical error in the date of injury for the cumulative trauma claim and to include a finding of psyche injury. However, the Board affirmed the initial decision that the applicant did not sustain injury to his hips or bilateral lower extremities in the June 4, 2000, injury. Further development of the record is required regarding temporary disability, permanent disability, and apportionment for the June 4, 2000 injury.

WCABPetition for ReconsiderationFindings and OrdersNew and Further DisabilityCumulative TraumaStipulated AwardClerical ErrorApplicant's PetitionAmerican Protection InsuranceSentry Insurance

References

Case No. ADJ 4359672 (VNO 0478019)

Regular

Apr 08, 2016

JORGE OROZCO vs. MARRIOTT DOWNTOWN LOS ANGELES/INTERSTATE HOTELS AND RESORTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for AMERICAN PROTECTION INSURANCE COMPANY, ZURICH NORTH AMERICA, CENTURY PLAZA HOTEL

This case concerns the California Insurance Guarantee Association's (CIGA) liability for an insolvent insurer's obligations under a workers' compensation settlement. The applicant settled a cumulative trauma injury claim, and the settlement agreement apportioned liability for remaining lien claims among insurers, including American Protection Company. After American Protection Company became insolvent, CIGA stepped in, but sought dismissal, arguing its liability was not joint and several and no "other insurance" existed. The Board affirmed the dismissal of CIGA, holding that the original joint and several nature of the insurers' liability, as established by case law and the settlement, means Zurich North America's remaining liability constitutes "other insurance" relieving CIGA.

CIGAAmerican Protection Insurance CompanyMarriott Downtown Los AngelesInterstate Hotels and ResortsZurich North AmericaCentury Plaza HotelBroadspireSedgwick Claims Management ServicesCompromise and Release Agreementcumulative trauma

References

Case No. ADJ2035014 (POM 0295544)

Regular

Mar 06, 2014

RICHARD VAZQUEZ vs. EPIC FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision concerning Richard Vazquez's claim against Epic Fire Protection and State Compensation Insurance Fund. The amended decision affirms the original ruling but modifies the findings regarding temporary disability. Specifically, applicant Richard Vazquez is found to be totally temporarily disabled from March 28, 2007, to the present, subject to the 240-week limitation under Labor Code section 4656. The rate of this disability, along with further earnings development, remains pending before the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationTotally Temporarily DisabledLabor Code Section 4656240 LimitationFindings and AwardState Compensation Insurance FundApplicantDefendant

References

Case No. ADJ3742826 (SAL 0119321)

Regular

Oct 29, 2008

DAVID MARTONE vs. DISTRICT; GREGORY BRAGG & ASSOCIATES, Central Fire Protection District

Following a remand from the Court of Appeal, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to address apportionment. The Board found that the applicant's prior 2000 industrial injury, which resulted in a 20% permanent disability award, did not demonstrably overlap with the applicant's 2006 injury. Therefore, the WCAB apportioned 20% of the permanent disability to the prior injury under Labor Code Section 4663, resulting in a net permanent disability rating of 8% for the current injury.

ApportionmentLabor Code section 4664Labor Code section 4663Permanent Disability Rating Schedule (PDRS)Qualified Medical Examiner (QME)primary treating physicianmedical opinioncausationoverlapprior industrial injury

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. ADJ7027968, ADJ5681902, ADJ7028675

Regular

Jul 31, 2014

Satbir Singh vs. Cardinal Freight Fleet, Clarendon National Insurance Company, Protective Insurance Company, SS Delivery, Van Liner Insurance Company

This case involves multiple workers' compensation claims filed by applicant Satbir Singh against various defendants, including Cardinal Freight Fleet and its insurers Clarendon National and Protective Insurance Company. The Workers' Compensation Appeals Board (WCAB) is reconsidering prior decisions by the Administrative Law Judge (WCJ). The WCAB has rescinded and substituted decisions for two cases (ADJ7028675 and ADJ5681902), deferring issues of insurance coverage, contribution/apportionment between defendants, and credit for third-party recovery. These deferred issues will be returned to the trial level for further proceedings and decisions by the WCJ. The WCAB affirmed the WCJ's decision in a third case (ADJ7027968) in its entirety.

ReconsiderationWCJApportionmentContributionInsurance CoverageThird Party RecoveryPermanent DisabilityTemporary Total DisabilitySelf-Procured TreatmentDeferred Issues

References

Case No. SAC 0290200 SAC 0352087 MON 0309956

Regular

May 15, 2008

Parvin Olfati, PATTY OLFATI vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition to disqualify Judge Theissen. The WCAB found no evidence of bias, noting that even erroneous rulings do not establish prejudice and that judges are presumed honest. The Board emphasized that Judge Theissen's actions, such as continuing a mandatory settlement conference despite the applicant's non-appearance, demonstrated protection of the applicant's rights.

Petition for disqualificationWCAB rule 10452Labor Code section 5311erroneous rulingsbias or prejudicepresumption of honesty and integritymandatory settlement conference (MSC)dismissal of claimclosure of discoveryLabor Code § 5502(e)(3)

References

Case No. ADJ4348361 (STK 0170600)

Regular

Aug 02, 2012

Richard Horton vs. Crown Cork and Seal, American Protection Insurance Company, BROADSPIRE, Travelers Property Casualty Company of America

This case concerns defendant American Protection Insurance Company's (APIC) petition for contribution from Travelers Insurance Company for benefits paid to applicant Richard Horton. The Arbitrator denied APIC's petition, finding contribution was precluded because a prior stipulated award did not grant "new and distinct benefits." The Appeals Board granted reconsideration, rescinding the Arbitrator's decision. The Board determined that a supplemental award granting new and further permanent disability, including a psyche injury claim, constituted new and distinct benefits subject to contribution, even if the original award was time-barred. The matter was returned for further proceedings to determine the extent of APIC's contribution rights.

ContributionReconsiderationPetition to ReopenNew and Further DisabilityInjury to the PsycheCompensable ConsequenceStipulated AwardArbitrator"New and Distinct Benefits"Labor Code Section 5500.5

References

Case No. ADJ10375501

Regular

May 30, 2017

JEFFREY FIJMAN vs. WEST STANISLAUS FIRE PROTECTION DISTRICT, CITY OF PATTERSON

The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Removal in the case of Fijman v. West Stanislaus Fire Protection District and City of Patterson. Removal is an extraordinary remedy, only granted upon a showing of substantial prejudice or irreparable harm, which the defendants failed to establish. The WCAB found that reconsideration would be an adequate remedy if an adverse final decision were issued. Therefore, the petition was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportWorkers' Compensation Appeals BoardWest Stanislaus Fire Protection DistrictCity of PattersonPermissibly Self-Insured

References

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Updated Daily

Case Law Database

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

Case No. ADJ1182220 (WCK 0044768) ADJ144318 (WCK 0044769)

Regular

Feb 27, 2009

RICHARD CRUZ vs. AMERICAN PROTECTIVE SERVICES INC., CAMBRIDGE INTEGRATED SERVICES

Workers' Compensation Appeals BoardReconsideration DeniedWCJ ReportCredibility FindingIndustrial InjurySpecific InjuryCumulative TraumaSpine InjurySecurity GuardAgreed Medical Evaluator

References

Case No. ADJ4599426 (STK 0172874) ADJ1616335 (STK 0186679)

Regular

Dec 16, 2010

JASON HONOR vs. DOT FOODS, AMERICAN PROTECTION INSURANCE COMPANY, BROADSPIRE, SENTRY INSURANCE COMPANY

WCABPetition for ReconsiderationFindings and OrdersNew and Further DisabilityCumulative TraumaStipulated AwardClerical ErrorApplicant's PetitionAmerican Protection InsuranceSentry Insurance

References

Case No. ADJ 4359672 (VNO 0478019)

Regular

Apr 08, 2016

JORGE OROZCO vs. MARRIOTT DOWNTOWN LOS ANGELES/INTERSTATE HOTELS AND RESORTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for AMERICAN PROTECTION INSURANCE COMPANY, ZURICH NORTH AMERICA, CENTURY PLAZA HOTEL

References

Case No. ADJ2035014 (POM 0295544)

Regular

Mar 06, 2014

RICHARD VAZQUEZ vs. EPIC FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ3742826 (SAL 0119321)

Regular

Oct 29, 2008

DAVID MARTONE vs. DISTRICT; GREGORY BRAGG & ASSOCIATES, Central Fire Protection District

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

References

Case No. ADJ7027968, ADJ5681902, ADJ7028675

Regular

Jul 31, 2014

Satbir Singh vs. Cardinal Freight Fleet, Clarendon National Insurance Company, Protective Insurance Company, SS Delivery, Van Liner Insurance Company

ReconsiderationWCJApportionmentContributionInsurance CoverageThird Party RecoveryPermanent DisabilityTemporary Total DisabilitySelf-Procured TreatmentDeferred Issues

References

Case No. SAC 0290200 SAC 0352087 MON 0309956

Regular

May 15, 2008

Parvin Olfati, PATTY OLFATI vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ4348361 (STK 0170600)

Regular

Aug 02, 2012

Richard Horton vs. Crown Cork and Seal, American Protection Insurance Company, BROADSPIRE, Travelers Property Casualty Company of America

ContributionReconsiderationPetition to ReopenNew and Further DisabilityInjury to the PsycheCompensable ConsequenceStipulated AwardArbitrator"New and Distinct Benefits"Labor Code Section 5500.5

References

Case No. ADJ10375501

Regular

May 30, 2017

JEFFREY FIJMAN vs. WEST STANISLAUS FIRE PROTECTION DISTRICT, CITY OF PATTERSON

References

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