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

Case No. ADJ7460656
Significant
Jan 15, 2013

Dennis McKinley vs. Arizona Cardinals, The Travelers Indemnity Company

The Appeals Board affirmed the WCJ's decision, holding that it will decline to exercise jurisdiction over a cumulative injury claim when a reasonable mandatory forum selection clause in an employment contract specifies another state's forum, and the employee's connection to California is limited.

En banc decisionForum selection clauseCumulative injuryProfessional football playerArizona CardinalsLimited connection to CaliforniaEmployment contractIndustrial Commission of ArizonaPublic policyUnreasonable forum
References
Case No. ADJ10351910
Regular
Aug 09, 2017

SELENA MCINTOSH vs. MILITARY DEPARTMENT OF THE STATE OF CALIFORNIA, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns whether a California Army National Guard member injured during "active duty for training" under federal Title 10 is eligible for California workers' compensation benefits. The Board found that California Military and Veterans Code Section 340(b) expressly prohibits state workers' compensation benefits for service performed under Title 10. Therefore, the applicant cannot collect benefits under Division 4 of the Labor Code. While the applicant's VA benefits were denied, her recourse was to appeal that denial, not to pursue state workers' compensation.

Military Departmentlegally uninsuredState Compensation Insurance FundTitle 10Labor Code Division 4Petition for ReconsiderationFindings of FactWCJpsyche injurysexual assault
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. BAK 0147388
Regular
Aug 22, 2007

ALVIN WILEY vs. STATE OF CALIFORNIA, CDCR - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify the application of Labor Code section 4656(c)(1) regarding the limit on temporary disability indemnity. The Board determined that Enhanced Industrial Disability Leave (EIDL) payments count towards the two-year/104-week limit on temporary disability, reversing the judge's prior finding. Consequently, the applicant is entitled to additional temporary disability only for the brief period from December 29, 2006, to January 4, 2007.

Workers' Compensation Appeals BoardAlvin WileyState of California CDCR Wasco State PrisonLegally UninsuredState Compensation Insurance FundAdjusting AgencyBAK 0147388Opinion and Order Granting Petition for ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ7892653
Regular
Jul 22, 2016

PETER ALVAREZ vs. CALIFORNIA NATIONAL GUARD, STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Removal, rescinding the order that joined the Office of the Attorney General as a party. The Board found the Attorney General was not a necessary party as the applicant clearly identified the California National Guard as their employer. Furthermore, the Board raised a jurisdictional issue, as National Guard service under Title 32, which may apply here, generally precludes state workers' compensation benefits. The case is returned to the trial level for an evidentiary hearing to determine jurisdiction.

Petition for RemovalOrder Joining Party DefendantCalifornia National GuardState Active DutyTitle 32Title 10Inactive Duty TrainingMilitary and Veterans CodeNachbaurJurisdiction
References
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 03, 2013

ROBERT HUFF vs. STATE OF CALIFORNIA, CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Robert Huff's workers' compensation claim against the State of California, CDCR - Corcoran State Prison. The defendant filed a petition for reconsideration of a previous decision. The Workers' Compensation Appeals Board (WCAB) granted this petition because they need more time to thoroughly review the factual and legal issues. This action is taken to ensure a just and reasoned decision after further study and potential proceedings. All future filings related to this case must be submitted in writing directly to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers Compensation Appeals BoardPetition for ReconsiderationGrantedCorcoran State PrisonLegally UninsuredState Compensation Insurance FundCase Number ADJ4653074Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. GRO 0021432
Regular
Apr 28, 2008

Theodore Maiso vs. State of California, Department of Mental Health, State Compensation Insurance Fund, State Contract Services

This case involves a petition for reconsideration by applicant Theodore Maiso against the State of California, Department of Mental Health. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report and reasoning. The Board also corrected a technicality by ordering the substitution of "State of California, Division of Workers' Compensation, Workers' Compensation Appeals Board" in place of "State of California, Division of Workers' Compensation" in the WCJ's decision headings to accurately reflect the judicial authority.

WORKERS' COMPENSATION APPEALS BOARDTheodore MaisoState of California Department of Mental HealthLegally UninsuredState Compensation Insurance FundAdjusting AgencyOrder Denying ReconsiderationWorkers' Compensation Administrative Law JudgeJudicial AuthorityOriginal Jurisdiction
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. VNO 0448330
Regular
Sep 01, 2007

ROSA ROMERO vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and granted the applicant's petition. The Board affirmed the original award, which found industrial injuries to the applicant's right upper extremity, shoulder, and spine, resulting in temporary disability and $47\%$ permanent disability. The applicant's psychiatric claim was correctly barred due to less than six months of employment.

Workers' Compensation Appeals BoardRosa RomeroState of California Department of Social ServicesLegally UninsuredState Compensation Insurance FundState Contract Serviceshome caretakerindustrial injuriesright upper extremityshoulder
References
Case No. ADJ700106 (SAL 0075388) ADJ4293270 (SAL 0067937) ADJ3847224 (SAL 0067938) ADJ1646200 (SAL 0011386)
Regular
Sep 01, 2015

WILLIE PEARSON vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, Chamberlain's Children Center, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR NATIONAL INSURANCE COMPANY

In this workers' compensation case, CIGA sought to be relieved of liability for applicant's medical treatment, arguing that the State of California Department of Corrections ("the State") constituted "other insurance." The Appeals Board affirmed the WCJ's decision that the State does not qualify as "other insurance" under Insurance Code section 1063.1(c)(9)(A). Unlike private self-insured employers, the State is not required to obtain workers' compensation insurance or a certificate of self-insurance, and thus does not fall within the statutory definition of an "insurer." The Board further clarified that the State Compensation Insurance Fund's role in claim adjustment services for the State does not make it "other insurance" when the State is not otherwise insured with SCIF.

CIGASupernational Insurance Companylegally uninsuredother insurancecovered claimsInsurance Code Section 1063.1State of California Department of Correctionsreimbursementstipulated awardjoint and several liability
References
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