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

Case No. ADJ3910048 (VNO 0417016)
Regular
Jul 30, 2010

NAHID JAVADI vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH SYSTEMS WEST

This case involves an employer, Simi Valley Hospital/Adventist Health Systems West, seeking to prevent the joinder of AIG as a defendant in a workers' compensation claim. The employer argues it is permissibly self-insured and self-administered, and joining AIG, an excess carrier, would cause irreparable harm. The Appeals Board found that since there is no third-party administrator involved, the precedent relied upon for joinder is inapplicable. Consequently, the Board rescinded all orders joining AIG and returned the case to the trial level.

Workers' Compensation Appeals BoardPetition for RemovalJoinder of DefendantReinsurance CarrierExcess CarrierPermissibly Self-InsuredSelf-AdministeredIndustrial InjuryFindings and AwardPetition to Reopen
References
Case No. ADJ6833713
Significant
Mar 28, 2013

Luis Enriquez (deceased) vs. Couto Dairy, Zenith Insurance Company

The Appeals Board holds that the federal Airline Deregulation Act (ADA) preempts California's fee schedule for air ambulance services (AD Rule 9789.70) if the provider qualifies as an 'air carrier' under the ADA. The matter is returned to the trial level to determine the provider's legal status.

Airline Deregulation ActAD Rule 9789.70preemptionair carrierair transportationOfficial Medical Fee ScheduleOMFSFederal Aviation AdministrationFAAinterstate air transportation
References
Case No. ADJ1484892 (SBR 0318885)
Regular
May 04, 2015

JOANNE CORSON vs. BEVERLY MANOR SANITARIUM, AMERICAN HOME ASSURANCE EXCESS CARRIER

In *Corson v. Beverly Manor Sanitarium*, the applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration to allow further study of the factual and legal issues involved. This is a preliminary step to ensure a just and reasoned decision after a thorough review. All future correspondence related to the reconsideration petition must be filed directly with the WCAB Commissioners in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationBeverly Manor SanitariumPermissibly Self-InsuredAmerican Home Assurance Excess CarrierAIG ClaimsStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the Commissioners
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. ADJ990849 (VNO 0556069)
Regular
Oct 11, 2010

KRASSIMIR IORDANOV vs. SCHNEIDER NATIONAL CARRIERS, INC.

This is an Order Granting Petition for Reconsideration in the case of *Krassimir Iordanov v. Schneider National Carriers, Inc.* The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition to allow for further study of the factual and legal issues. The WCAB requires additional time to ensure a complete understanding of the record and to issue a just and reasoned decision. All future filings in this matter should be directed to the Office of the Commissioners in San Francisco pending the issuance of a Decision After Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersService by MailJacobs & AssociatesLaw Offices of George Slotnick
References
Case No. ADJ7721818 ADJ7721448
Regular
Feb 04, 2013

JERRY BONDS vs. LANDJET MOTOR CARRIER, STATE COMPENSATION INSURANCE FUND

This case involves applicant Jerry Bonds' workers' compensation claims against Landjet Motor Carrier and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Bonds' Petition for Reconsideration. The dismissal is based on the grounds that the petition was not timely filed. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in their decision.

Petition for ReconsiderationDismissedTimely FiledWCJ ReportWorkers' Compensation Appeals BoardLandjet Motor CarrierState Compensation Insurance FundADJ7721818ADJ7721448Pomona District Office
References
Case No. ADJ6641822
Regular
Aug 30, 2018

ROBERT PELAYO vs. QUALITY CARRIER, INC., STATE COMPENSATION INSURANCE FUND CMS MONTEREY PARK

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in the case of Robert Pelayo v. Quality Carrier, Inc. Subsequently, the parties reached a settlement. The Board rescinded its original decision and returned the matter to the trial level for the Workers' Compensation Administrative Law Judge to review the settlement. If the settlement is not approved, the original decision can be reinstated.

ADJ6641822Pelayo v. Quality CarrierInc.Workers' Compensation Appeals BoardReconsideration grantedSettlement reviewTrial level returnRescinded decisionAdministrative Law JudgeFindings of Fact
References
Case No. ADJ1034828
Regular
Jan 19, 2000

KELLY JOLLY vs. INPUT 1; CIGA administered by its servicing facility CAMBRIDGE INTEGRATED SERVICES GROUP, INC. for FREMONT COMPENSATION INSURANCE COMPANY; In liquidation; GRANITE STATE INSURANCE COMPANY, by AIG; STATE COMPENSATION INSURANCE FUND; AMERICAN SAFETY CASUALTY, by GALALGHER BASSETT

The Workers' Compensation Appeals Board denied reconsideration in this case. The Board adopted the arbitrator's report, which explained their prior holding. This holding established that CIGA is entitled to pre-litigation benefits from an insolvent carrier but must remit those proceeds to the insolvent carrier's trustee. Therefore, the petition for reconsideration was denied.

CIGAReconsideration DeniedInsolvent CarrierTrusteePre-litigation BenefitsLiquidated Insurance CompanyServicing FacilityWorkers' Compensation Appeals BoardArbitrator ReportAdjudication
References
Case No. ADJ6501139
Regular
Mar 09, 2010

AARON GOMEZ vs. SUNWOOD DOORS, INC., STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which argued that Pacific Employers' Insurance Company, the terminal carrier, was a necessary party. The Board adopted the presiding judge's report, finding no basis for removal. Additionally, the applicant's petition for removal was dismissed as untimely. The case will proceed to trial without the joined carrier.

Petition for RemovalContinuous Trauma ClaimTerminal CarrierDue Process RightsPetition for Leave to File Supplemental PetitionApplicant's AnswerPetition for SanctionsPresiding Workers' Compensation Administrative Law JudgeOrder for TrialJoinder of Party
References
Case No. ADJ3051297 (SJO 0266175) ADJ2527197 (SJO 0231549)
Regular
Apr 28, 2010

VIRGINIA COCIO vs. MOUNTAIN VIEW SCHOOL DISTRICT, ACE, CIGA

This case involves an employee's permanent disability from two cumulative trauma injuries, one covered by CIGA and the other by a solvent carrier, ACE. The physician could not apportion the disability between the two injuries, creating an "unapportionable" award. The Board reconsidered its prior decision, now holding that ACE, as the solvent carrier for "other insurance," is solely liable for the entire indivisible permanent disability award. CIGA is relieved of any liability for this permanent disability.

CIGAACEBenson situationunapportionable permanent disabilitysolvent carrierapportionmentcumulative traumaindivisible award"other insurance"Insurance Code section 1063.1
References
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