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

Case No. ADJ13342468
Regular
May 23, 2025

AMELIA MINA vs. NMA INSPECTIONS, DEPARTMENT OF INDUSTRIAL RELATIONS

Applicant Amelia Mina sought reconsideration of an October 3, 2022 Findings and Order, which denied her a second Return-to-Work Supplement Program (RTWSP) benefit under Rule 17302(b). She argued the rule was inconsistent with its authorizing statute, violated equal protection, and constituted invalid special legislation. The Workers' Compensation Appeals Board (WCAB) affirmed the prior decision, finding the applicant's second injury occurred before receipt of the first RTWSP payment, making her ineligible under Rule 17302(b). The Board also determined that the jurisdiction to invalidate Rule 17302(b) lies with the Superior Court under the Administrative Procedures Act, not the Appeals Board.

Workers' Compensation Appeals BoardReturn-to-Work Supplement ProgramRTWSPSupplemental Job Displacement BenefitSJDBRule 17302(b)Labor Code section 139.48Findings and OrderPetition for ReconsiderationCompromise and Release
References
Case No. GOL 0099213
Regular
Oct 24, 2007

DEREK VELASQUEZ vs. JOSE VELASQUEZ, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant sought reconsideration of a decision barring his temporary disability claim under Labor Code Section 4656(c)(1). The applicant conceded the claim was barred but argued the statute was unconstitutional, violating equal protection. The Workers' Compensation Appeals Board denied reconsideration, adopting the Administrative Law Judge's report which stated the Board lacks jurisdiction to determine the constitutionality of statutes.

Workers' Compensation Appeals BoardDerek VelasquezJose VelasquezState Compensation Insurance FundGOL 0099213ReconsiderationAdministrative Law JudgeGreener v. Workers' Comp. Appeals Bd.Industrial InjuryCervical Spine
References
Case No. ADJ7672393
Regular
Mar 07, 2013

MAURICE WILLIAMS vs. JACKSONVILLE JAGUARS, USF&G, ACE INSURANCE

This case concerns Maurice Williams, a former professional football player for the Jacksonville Jaguars, who sought workers' compensation benefits in California for a cumulative injury sustained between 2001 and 2009. While a portion of his employment exposed him to California, his contracts from 2007-2011 contained a mandatory forum selection clause requiring all injury claims to be resolved in Florida under Florida law. The Board affirmed the trial judge's decision to decline jurisdiction, finding the forum selection clause to be reasonable and binding for the latter portion of the cumulative injury period. Enforcement of the clause was not deemed unreasonable or unjust, and the applicant failed to demonstrate why California jurisdiction should be exercised despite the contractual agreement.

Workers' Compensation Appeals BoardJacksonville JaguarsUSF&GACE INSURANCEOpinion and Decision After Reconsiderationindustrial injuryorthopedic body partscumulative injurysubject matter jurisdictionforum selection clause
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. SFO 0489218
Regular
Oct 11, 2007

JOSE FACUNDO-GUERRERO vs. NURSERYMEN'S EXCHANGE, ARGONAUT INSURANCE COMPANY

This case concerns Jose Facundo-Guerrero's workers' compensation claim for injuries sustained on February 24, 2005. The primary issue is whether the statutory limit of 24 chiropractic treatments applies, as the applicant had already received more than this number before his claim was accepted. The Appeals Board granted reconsideration and affirmed the Administrative Law Judge's decision that the 24-visit limit under Labor Code section 4604.5(d)(1) applies to this injury date, denying further chiropractic treatment visits beyond the cap but allowing for visits necessary for managing his care.

Labor Code Section 4604.5(d)(1)Petition for ReconsiderationDecision After ReconsiderationMedical Provider Network (MPN)Chiropractic treatment limitationPermanent and Stationary reportCalifornia Constitutional MandateEqual Protection ClauseWorkers' Compensation Appeals Board (WCAB)Findings and Award
References
Case No. ADJ7014822
Regular
Aug 08, 2011

SARAHI CUBEDO vs. LEEMAR ENTERPRISES, INC., BENCHMARK INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of temporary disability benefits. Defendant argued that applicant's undocumented immigration status barred her from receiving benefits despite medical ability to work in a modified capacity. The Board found the record insufficiently developed to determine the full extent of temporary disability and the validity of any modified work offers, referencing *Del Taco* which states immigration status does not affect entitlement to temporary disability but may affect vocational rehabilitation. The case is returned to the trial level for further proceedings to develop the record and make new findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary DisabilityIndustrial InjurySpine InjuryCashierUndocumented Resident StatusEqual Protection ClauseModified DutyQualified Medical Examination
References
Case No. SAC 0290200 SAC 0352087 MON 0309956 MON 0326164
Regular
Dec 17, 2007

PATTY OLFATI (PARVIN OLFATI) vs. STATE OF CALIFORNIA, BOARD OF EQUALIZATION and STATE COMPENSATION INSURANCE FUND

The applicant sought to disqualify the workers' compensation judge due to alleged bias and intimidation by the judge and defendants. The appeals board denied the petition, finding no evidence of bias or the appearance of bias. The applicant failed to provide a proper affidavit and did not attend the conference where the alleged intimidation occurred.

Disqualification petitionWCJ biaspsychiatric injuryindustrial injuryex parte communicationaffidavit requirementLabor Code section 5311WCAB Rule 10452protective ordersubpoena duces tecum
References
Case No. ADJ7460656
En Banc
Jan 15, 2013

DENNIS MCKINLEY vs. ARIZONA CARDINALS, THE TRAVELERS INDEMNITY COMPANY

The Appeals Board affirmed the WCJ's decision, declining to exercise jurisdiction over a cumulative injury claim due to a reasonable mandatory forum selection clause in the employment contract specifying Arizona as the forum, coupled with the applicant's limited connection to California.

WORKERS' COMPENSATION APPEALS BOARDEN BANCCUMULATIVE INJURYPROFESSIONAL FOOTBALL PLAYERARIZONA CARDINALSTRAVELERS INDEMNITY COMPANYFORUM SELECTION CLAUSEMANDATORY FORUMLIMITED CONNECTIONEMPLOYMENT CONTRACT
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. 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
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