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

Case No. SAL 95992 SAL 95993 SAL 97616
Regular
Nov 19, 2007

JOSE G. LIZARRAGA (DECEASED) vs. WATSONVILLE PRODUCE, REPUBLIC INDEMNITY COMPANY OF AMERICA

The Workers' Compensation Appeals Board reversed a prior decision, holding that a compromise and release agreement was not binding at the time of the applicant's death because it was not "duly executed" as required by statute. Crucially, the defendant had not signed the agreement, and a material provision for a Medicare set-aside allocation was still pending approval. The Board found that the applicant's death occurred before all necessary steps for a validly executed agreement were completed, thus the agreement was not finalized.

Jose G. LizarragaWatsonville ProduceRepublic Indemnity Company of AmericaSAL 95992SAL 95993SAL 97616Compromise and ReleaseMedicare Set AsideDuly ExecutedLabor Code Section 5003
References
Case No. ADJ10177259
Regular
Apr 06, 2020

ROSA GUTIERREZ vs. MID VALLEY NUT COMPANY, INC., INTERCARE

The Workers' Compensation Appeals Board (WCAB) affirmed the Workers' Compensation Administrative Law Judge's (WCJ) February 11, 2020 decision. The WCAB gave great weight to the WCJ's credibility determinations, finding no substantial evidence to reject them. The applicant failed to prove that Mid Valley Nut Company, Inc. committed serious and willful misconduct, as the employee accused of such misconduct did not meet the legal definition of an executive, managing officer, or general superintendent. Therefore, the WCAB affirmed the original findings and orders.

Workers' Compensation Appeals BoardReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.serious and willful misconductemployer's managing officerexecutivegeneral superintendentBigge Crane & Rigging Co. v. Workers' Comp. Appeals BdHunt
References
Case No. ADJ1421850 (FRE0216376)
Regular
Aug 17, 2009

BILL CUSTER vs. SARA LEE BAKERY GROUP

The Workers' Compensation Appeals Board granted reconsideration to review a finding of serious and willful misconduct by the employer, Sara Lee Bakery Group. The applicant sustained a knee and groin injury due to a broken bread tray, and the initial finding of misconduct was based on testimony about past practices. However, the Board found no evidence that the employer's executive or managing officers knew serious injury was probable or acted with reckless disregard for consequences. Consequently, the prior award finding serious and willful misconduct was rescinded, and a new decision was issued stating the injury was not caused by the employer's serious and willful misconduct.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code § 4553Findings and AwardReconsiderationRescindedApplicantDefendantRoute SalesmanIndustrial Injury
References
Case No. ADJ2501619 (OAK 0286955)
Regular
Nov 10, 2008

JAMES BRADFORD vs. MCMILLAN BROS. ELECTRIC, INC., PACIFIC EAGLE INSURANCE CO./tpa SEABRIGHT INSURANCE CO.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petitions for reconsideration, removal, and stay of execution. The petition for reconsideration was dismissed as untimely because it was filed with the Appeals Board more than 25 days after the arbitrator's decision. The Board also lacked jurisdiction to grant the petition for removal or stay of execution, as these actions are not permitted for an arbitrator's decision in a Labor Code section 3201.5 carve-out case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Stay of ExecutionUntimely FilingLabor Code Section 3201.5Carve-out CaseArbitrator's DecisionJurisdictionAppeals Board Rule 10865
References
Case No. SAL 95992 SAL 95993 SAL 97616
Regular
Feb 06, 2008

JOSE G. LIZARRAGA (DECEASED) vs. WATSONVILLE PRODUCE, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case concerns whether a binding compromise and release agreement was formed before the applicant's death. The Appeals Board denied reconsideration, finding that the agreement was not "duly executed" as required by statute because the defendant had not signed it, and a Medicare set aside provision was still pending. The majority concluded that a complete meeting of the minds on all material aspects was lacking, making the WCJ's prior finding of a binding agreement erroneous.

Compromise and ReleaseDuly ExecutedMedicare Set AsideBinding AgreementMeeting of the MindsLabor Code Section 5003Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial Injury
References
Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
Case No. ADJ7631357
Regular
May 07, 2014

GUILLERMO MADRIGAL OCHOA vs. EXECUTIVE OFFICE CONCEPTS, INSURANCE COMPANY OF THE WEST, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board dismissed applicant Guillermo Madrigal Ochoa's Petition for Reconsideration as untimely. Even if timely, the Board would have denied the petition on the merits. The dismissal is based on the administrative law judge's report, which the Board adopted and incorporated by reference. The order was filed and served on May 7, 2014.

Petition for ReconsiderationDismissalUntimelyWCJ ReportAdopt and IncorporateDenied on MeritsWorkers' Compensation Appeals BoardAdministrative Law JudgeExecutive Office ConceptsInsurance Company of the West
References
Case No. ADJ10220275
Regular
Mar 03, 2020

Troy Kropog vs. New York Giants, Tennessee Titans, Jacksonville Jaguars, Minnesota Vikings, Washington Redskins, Great Divide Insurance Company, Berkley Entertainment

The Workers' Compensation Appeals Board denied reconsideration of a decision that lacked California jurisdiction over the applicant's claim. The applicant, a professional football player, failed to establish that a contract for hire was formed in California, despite his agent residing and signing contracts there. The Board upheld the WCJ's finding that the agent lacked the authority to bind the applicant to a contract without the applicant's own execution. Consequently, the applicant did not meet his burden of proof for California jurisdiction.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.California jurisdictioncontract for hireKenny ZuckermanStandard Representation Agreement (SRA)Contract Advisor authorityplayer contract execution
References
Case No. VNO 477657
Regular
Oct 09, 2007

OBDULIA JIMENEZ vs. CCECO INC., TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied reconsideration, upholding the dismissal of Dr. Brautbar's lien claim due to his failure to timely object to the WCJ's Notice of Intention to Dismiss. Although Dr. Brautbar claimed his objection was filed within ten days, the Board found no evidence of its timely filing in the record. The Board also clarified that self-executing language is permissible in orders dismissing liens for failure to appear, unlike in other dismissal scenarios.

Lien DismissalReconsideration DeniedFailure to AppearTimely ObjectionDeclaration of ReadinessLien ConferenceLien TrialNotice of Intention to DismissSelf-Executing LanguageAppeals Board Rules
References
Case No. ADJ10298858
Regular
Oct 14, 2020

FRANCISCO AGUIRRE vs. NORTH COUNTIES DRYWAL, INC., INSURANCE COMPANY OF THE WEST

Applicant Francisco Aguirre filed a petition to reopen after a $49,500 Compromise and Release (OACR) was approved for an industrial injury. The Workers' Compensation Appeals Board (WCAB) treated the petition as one for reconsideration but dismissed it as premature. The WCAB returned the matter to the trial level for the judge to consider the petition as a motion to set aside the OACR, applying a 60-day extension to statutory deadlines due to Executive Order N-68-20.

Petition to ReopenCompromise and ReleaseIndustrial InjuryDrywall HangerPetition for ReconsiderationDismissalPrematureSet AsideLabor Code Section 5909Labor Code Section 5315
References
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