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

Case No. MISSING
Regular Panel Decision

Air Line Pilots Ass'n, International v. Texas International Airlines, Inc.

Plaintiff Air Line Pilots Association (ALPA) initiated an action under the Railway Labor Act against Texas International Airlines, Inc., Texas Air Corp., and New York Air Lines, Inc. ALPA alleged that defendants conspired to establish New York Air as a new entity to circumvent collective bargaining agreements and deprive Texas International pilots of their rights. Defendants subsequently filed a motion to dismiss, contending that the core issue constituted a "representation dispute" falling under the exclusive jurisdiction of the National Mediation Board. The court concurred, determining that uncertainties regarding the appropriate representative rendered the matter within the Board's purview rather than the judiciary's. Consequently, the court granted the defendants' motion and dismissed the complaint due to a lack of subject matter jurisdiction.

Railway Labor Actairline industrylabor disputecollective bargainingrepresentation disputeNational Mediation Boardcorporate structurestatutory interpretationfederal jurisdictionmotion to dismiss
References
14
Case No. ADJ4534513
Regular
Jul 26, 2016

JEFFREY FARMER vs. CITY OF FREMONT

The Workers' Compensation Appeals Board (WCAB) granted the City of Fremont's petition for reconsideration in the case of *Farmer v. City of Fremont*. This grants the WCAB more time to thoroughly review the factual and legal issues presented in the case. The WCAB will issue a Decision After Reconsideration following this further study. All communications related to the petition should be directed to the Appeals Board's San Francisco office, not district offices or e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCity of FremontYORKStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionElectronic Adjudication Management System (EAMS)Trial Level DocumentsPetition for Penalties
References
0
Case No. MISSING
Regular Panel Decision

Keyse v. California Texas Oil Corp.

A plaintiff brought an action against California Texas Oil Corp. (Caltex) and American Overseas Petroleum Ltd. (Amoseas) under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging employment discrimination based on race and sex. Defendants moved for dismissal or summary judgment. The court granted summary judgment on the Section 1981 claim, finding it time-barred by New York's three-year statute of limitations, as the action was commenced in 1977 for discrimination that occurred prior to September 1968. The Title VII claim was also dismissed as untimely, as the plaintiff failed to file charges with the EEOC within the 300-day statutory period, despite her reliance on incorrect information from an EEOC official. The court declined to apply equitable tolling, emphasizing the necessity of strict compliance with Title VII prerequisites. Consequently, the defendants' motion for summary judgment was granted, and the entire complaint was dismissed.

Employment DiscriminationTitle VII42 U.S.C. § 1981Statute of LimitationsSummary JudgmentTimelinessEquitable TollingEEOCState Agency ProceedingsFederal Rules of Civil Procedure
References
4
Case No. ADJ1608897
Regular
Feb 05, 2015

XIOMARA ROMERO vs. WENDY'S RESTAURANT, FARMERS INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by an applicant against Wendy's Restaurant and Farmers Insurance Company. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. The Board dismissed the petition for reconsideration because it failed to state valid grounds. Therefore, the petition is officially dismissed by order of the Board.

Petition for ReconsiderationDismissalReport and RecommendationAdministrative Law JudgeWorkers' Compensation Appeals BoardWendy's RestaurantFarmers Insurance CompanyFailure to State Grounds
References
0
Case No. ADJ7623993
Regular
Jun 10, 2011

JOLYN MATTHEWS vs. FARMERS INSURANCE GROUP, HELMSMAN MANAGEMENT

This case involves Farmers Insurance Group and Helmsman Management's untimely Petition for Removal, filed 25 days after an order taking the case off calendar for further discovery. The Appeals Board dismissed the petition as untimely because it exceeded the 20-day filing deadline, without the benefit of extra days for mail service. Even if timely, the Board noted it would have been denied on the merits, adopting the WCJ's reasoning. The petition requested reversal of the WCJ's order to allow for trial before assessing medical evidence.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeMandatory Settlement ConferenceDiscoveryPanel Qualified Medical EvaluatorSubstantial EvidenceUntimely PetitionWCAB Rule 10843(a)Code of Civil Procedure Section 1013(a)
References
0
Case No. ADJ7934881
Regular
Apr 02, 2012

ERNIE PACHECO vs. LAURIE RECHTEGER OSBORN, FARMERS INSURANCE

This case concerns Ernie Pacheco, a handyman who sustained an injury on September 8, 2008, while working. The defendant, Laurie Rechteger Osborn and Farmers Insurance, petitioned for reconsideration of the original findings and award, arguing Pacheco did not meet the 52-hour threshold for coverage in the 90 days prior to his injury. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report and recommendations. The WCJ found the defendant mischaracterized the applicant's testimony regarding hours worked, concluding that Pacheco did, in fact, exceed 52 hours when including all tasks. The Board gave great weight to the WCJ's credibility determination.

Petition for ReconsiderationDeniedWCJ ReportGarza v. Workmen's Comp. Appeals Bd.HandymanSlip and FallUpper ExtremitiesHeart/StrokeExclusion from Coverage52-Hour Rule
References
1
Case No. ADJ504565 (SBR 0266567)
Regular
Aug 26, 2009

CHRISTOPHER COCKRELL vs. FARMERS INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Farmers Insurance Company's petition for reconsideration. The Board upheld the WCJ's award of penalties and sanctions for unreasonable delays in paying for applicant's industrial injury treatment, including a heart attack caused by treatment for back pain. Defendant's arguments regarding Labor Code section 5814(e) and attorney's fees were rejected, as the delay occurred before timely authorization and despite clear medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardClarifying and Correcting Findings and Awardindustrial injurylow backright elbowheart injurymedical treatmentpenalties
References
0
Case No. ADJ10130015
Regular
Dec 09, 2016

ANASTACIO FLORES vs. SUNNY CHAN, JENNIFER CHAN, FARMERS INSURANCE COMPANY

In this Workers' Compensation Appeals Board case, defendant Farmers Insurance Company sought reconsideration of a prior decision. The Board granted reconsideration due to statutory time constraints and the need for further review of factual and legal issues. This action is intended to ensure a thorough understanding of the record and allow for a just decision. All future correspondence related to the petition must be filed directly with the Commissioners in San Francisco, not the district office, and excluded from e-filing.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level Documents
References
0
Case No. ADJ6458788
Regular
Mar 16, 2012

JOSE MELGOZA ARIAS vs. FARMERS RICE COOPERATIVE, INNOVATIVE CLAIMS RANCHO CORDOVA

Defendant Farmers Rice Cooperative petitioned for reconsideration of a December 22, 2011 decision. The Workers' Compensation Appeals Board granted reconsideration based on an initial review and statutory time constraints. This action allows the Board sufficient opportunity to thoroughly study the factual and legal issues to issue a just decision. All future communications must be filed in writing with the Board's Commissioners' office.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemAlfonso J. MoresiFrank M. BrassDeidra E. LoweJose Melgoza AriasFarmers Rice Cooperative
References
0
Case No. ADJ6474791
Regular
May 04, 2012

BELEN MCELVANY vs. MICHAEL MCELVANY, dba MCELVANY INSURANCE AGENCY; FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board dismissed Farmers Insurance Exchange's (FIE) Petition for Reconsideration and Petition for Removal. The dismissal was primarily based on the petition being unverified and not pertaining to a final order. Even if considered for removal, FIE failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. Therefore, both procedural avenues were closed to FIE by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalUnverified PetitionFinal OrderAdministrative Law JudgeReport and RecommendationContinuous TraumaUninsured Employers Benefit Trust FundLabor Code
References
2
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