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

Case No. ADJ4439745 (ANA 0351385)
Regular
Jul 24, 2012

ERNESTO AGRAMONT vs. ASSOCIATED CONCRETE PRODUCTS (NEW BASIS), AMERICAN PROTECTION INSURANCE COMPANY, GALLAGHER BASSETT INSURANCE SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, RELIANCE INSURANCE COMPANY

This case involves a denial of reconsideration for a workers' compensation claim. The Appeals Board adopted the Workers' Compensation Judge's (WCJ) findings, finding substantial support in the record for the determined dates of cumulative trauma injury, despite some conflicting evidence on missed work. The Board also noted a discrepancy in the defendant's insurer identification, stating defense counsel must properly identify their client. Consequently, the petition for reconsideration of the original findings of fact is denied.

WCABErnesto AgramontAssociated Concrete ProductsAmerican Protection Insurance CompanyGallagher BassettCalifornia Insurance Guarantee AssociationReliance Insurance CompanyWCJ ReportPetition for ReconsiderationCumulative Trauma Injury
References
Case No. ADJ10245654
Regular
Feb 20, 2018

ERNESTO NAJERA vs. GENERAL WAX COMPANY, INC., TRAVELERS PROPERTY OF CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Ernesto Najera's Petition for Reconsideration because it was not verified, as required by Labor Code section 5902. The WCJ's report notified the applicant of this defect, but it was not cured within a reasonable time. The Board noted that if not dismissed for procedural defect, the petition would have been denied on the merits.

Petition for ReconsiderationUnverified PetitionVerification DefectLabor Code Section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyNotice of DefectCure DefectCompelling ReasonAdministrative Law Judge Report
References
Case No. ADJ10601655
Regular
Oct 15, 2018

ERNESTO ALDRETE vs. COUNTY OF VENTURA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Order, and returned the case to the judge for further proceedings. The Board found that the medical opinions in the record were not substantial evidence because they lacked accurate descriptions of the applicant's job duties during the relevant periods of alleged injury. The Board determined that the record needed further development, specifically by obtaining supplemental reports from the physicians addressing the applicant's work activities and their contribution to his condition.

Workers' Compensation Appeals BoardErnesto AldreteCounty of VenturaYork Risk Services GroupPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative InjuryArising Out of and Occurring in the Course of EmploymentPrimary Treating Physician
References
Case No. ADJ1178440
Regular
Apr 05, 2010

ERNESTO VENTURA vs. BMW OF NORTH AMERICA, ZURICH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies reconsideration of a prior decision. The applicant argued the defendant's petition for reconsideration was untimely, but the Board found it was timely filed because the 25th day following service was a Sunday. The Board adopted the WCJ's report and reasoning, incorporating it into its decision to deny the petition. Therefore, the defendant's petition for reconsideration has been denied.

WCABPetition for ReconsiderationUntimely filingCal. Code Regs. tit. 8 § 10508Sunday computationDenied reconsiderationADJ1178440ZURICH AMERICAN INSURANCE COMPANYBMW OF NORTH AMERICAERNESTO VENTURA
References
Case No. ADJ404999 (MON 0357699)
Regular
Oct 14, 2009

ERNESTO MERCADO vs. PERSONNEL PLUS, INC., AMERICAN HOME ASSURANCE COMPANY, AIG DOMESTIC CLAIMS, INC.

The Appeals Board dismissed the petition for reconsideration, granted removal, rescinded the July 29, 2009 order, and returned the matter to the trial level. The WCJ's order to schedule an evaluation was rescinded due to procedural errors.

Workers' Compensation Appeals BoardErnesto MercadoPersonnel PlusInc.American Home Assurance CompanyAIG Domestic ClaimsInc.Petition for ReconsiderationPetition for RemovalLabor Code Section 5701
References
Case No. ADJ6923997
Regular
Apr 28, 2014

ERNESTO CAMARENA vs. LEGGET & PLATT; GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration of a prior decision concerning Ernesto Camarena's claim. The Board affirmed the February 11, 2014 decision but amended Finding of Fact 5. The amendment grants the applicant a 15% increase in permanent disability benefits per Labor Code section 4658(d), with parties to adjust the exact amount or the WCJ to determine it if unresolved.

Workers' Compensation Appeals BoardReconsiderationAdministrative Law JudgePermanent DisabilityLabor Code section 4658(d)Attorney FeeJurisdictionDecision After ReconsiderationFinding of FactSan Francisco
References
Case No. ADJ10500948
Regular
Dec 18, 2017

ERNESTO VELEZ vs. GENEVA STAFFING, ZURICH NORTH AMERICA

This case concerns applicant Ernesto Velez's workers' compensation claim for an injury sustained in January 2015, prior to his termination on July 7, 2016. The Workers' Compensation Appeals Board granted reconsideration, finding that the applicant failed to prove his injury arose out of and occurred in the course of employment due to a lack of credible testimony and substantial medical evidence. Furthermore, the Board affirmed the finding that the claim is barred as a post-termination claim under Labor Code section 3600(a)(10) because the applicant did not demonstrate any exceptions applied. The applicant therefore took nothing.

AOE/COELabor Code § 3600(a)(10)post-termination defensepetition for reconsiderationcredibility determinationsubstantial medical evidenceaffirmative defenseburden of proofdate of injuryexceptions to defense
References
Case No. ADJ8859169
Regular
Jun 23, 2015

ERNESTO SALAZAR vs. BOONE TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant, Ernesto Salazar, sought reconsideration of a prior decision that deemed him an independent contractor. The Appeals Board rescinded the prior ruling and found Salazar to be an employee of Boone Trucking, Inc. The Board emphasized Boone Trucking's right to control Salazar's work, including daily instructions on assignments, hours, locations, and pay. Furthermore, Salazar was required to use defendant's equipment and follow specific invoicing protocols, indicating his integral role in the company's regular business.

Independent ContractorEmployeeRight to ControlBorello factorsTruck DriverBoone TruckingWorkers' Compensation Appeals BoardReconsiderationFindings and OrderLabor Code
References
Case No. ADJ9001768
Regular
Apr 04, 2019

ERNESTO LANGARICA vs. PENSKE TRUCK LEASING, OLD REPUBLIC GENERAL INSURANCE

This case concerns defendant Penske Truck Leasing's attempt to claim a credit against future workers' compensation benefits owed to applicant Ernesto Langarica. The applicant settled a civil lawsuit arising from an industrial injury, and the defendant had filed a lien in that civil case. The Workers' Compensation Appeals Board (WCAB) rescinded the prior finding and returned the case for further proceedings, holding that the settlement of the defendant's lien in the civil case did not automatically waive their right to claim a credit. The WCAB emphasized that the release language did not expressly waive the credit claim, and applicant's understanding of the settlement did not create a "warranted belief" of such a waiver. Further hearings are required to determine negligence and the final credit amount.

Third-party recoveryLien settlementCredit rightsLabor Code sections 3858 and 3861Joint Findings and OrderPetition for ReconsiderationStipulations and Request for AwardRelease of claimsWCJ Opinion on DecisionEmployer negligence
References
Case No. ADJ10838822
Regular
Jan 03, 2020

ERNESTO NORIEGA vs. ROYAL CABINETS, TRAVELERS PROPERTY CASUALTY COMPANY, INSURANCE COMPANY OF THE WEST, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Ernesto Noriega's petition for reconsideration. The Board found that the medical opinions of Drs. Levine and Harris were not substantial evidence. These opinions failed to adequately support a finding of injury arising out of and occurring in the course of employment due to being based on incorrect facts, history, or legal theories. Therefore, the prior decision stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeSubstantial EvidenceMedical OpinionAOE/COEInjuryRoyal CabinetsTravelers Property Casualty CompanyInsurance Company of the West
References
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