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

Case No. ADJ9576412
Regular
Aug 08, 2018

MARTIN MOCCALDI vs. G4S SECURE SOLUTIONS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award finding the applicant sustained a cumulative trauma injury to his heart and GERD. The employer alleged the applicant misrepresented his work stress and that the date of injury was unsupported as no time was lost from work. The Board found the employer's petition contained misleading representations, admonished them for advocacy that crossed into misrepresentation, and upheld the WCJ's credibility determinations. The Board also clarified that the date of injury for statute of limitations purposes was not an issue at trial.

MoccaldiG4S Secure SolutionsNational Union Fire Insurance CompanyGallagher Bassett ServicesWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCumulative Trauma InjuryGERDCardiovascular System
References
Case No. ADJ7659437
Regular
Oct 31, 2016

ALFREDO PEREZ vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURERS' SECURITY FUND

The Workers' Compensation Appeals Board denied Alfredo Perez's Petition for Removal. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm if not granted. The Board found that Perez failed to demonstrate such harm or that reconsideration would be an inadequate remedy. Therefore, the petition was denied, adopting the reasoning of the workers' compensation administrative law judge.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmadequate remedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.Cal. Code Regs.tit. 8
References
Case No. ADJ7106431
Regular
Sep 04, 2014

AGUSTINA RAMOS vs. MAINSTAY BUSINESS SOLUTIONS, SELF-INSURERS SECURITY FUND (SISF), METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration, rescinding an order that denied the Self-Insurers Security Fund (SISF) leave to join other potentially liable insurance carriers. This decision allows SISF to pursue contribution claims against State Compensation Insurance Fund, Zenith, and Castle Point National Insurance for benefits paid under a compromise and release settlement. The Board found that joinder proceedings can be initiated within one year after a settlement approval, consistent with contribution provisions under Labor Code section 5500.5. The case is returned to the trial level for the joinder of these parties.

Workers' Compensation Appeals BoardSelf-Insurers Security FundSISFcompromise and releaseLabor Code Section 5500.5contributionjoindersuccessive insurersapportionment of liabilitycumulative trauma
References
Case No. ADJ6775950
Regular
Jun 22, 2017

MARTIN MENDOZA vs. W&M TEXTILE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by lien claimant Physician Funding Solutions, LLC. The Board rescinded the prior order dismissing the lien of Physician Funding Rancho Cucamonga and Rx Funding Solutions Rancho Cucamonga. The WCJ's report, which was adopted by the Board, provided the reasoning for this decision. This order reinstates the dismissed liens.

Physician Funding SolutionsLLCRx Funding SolutionsLLCPetition for ReconsiderationOrder Dismissing LienWorkers' Compensation Appeals BoardWCJ ReportGrant ReconsiderationRescind Order
References
Case No. ADJ4481004 (LAO 0843231)
Regular
Nov 15, 2011

ARARAT SARKISIAN vs. VAHAN ENGIBARIAN DBA VAHAN'S ROYAL

The Workers' Compensation Appeals Board granted reconsideration and returned the case to the trial level. The applicant sought commutation of his award to purchase a home, arguing it would benefit his Supplemental Security Income (SSI) benefits. The WCJ denied this, believing commutation wouldn't impact SSI and that buying a home wasn't in the applicant's best interest. The Board found the record insufficient and ordered applicant's attorney to consult with a Social Security law expert to clarify the impact of commutation on SSI.

Workers' Compensation Appeals BoardPetition for ReconsiderationCommutation of AwardSocial Security Supplemental Income (SSI)Social Security Disability Insurance (SSDI)Uninsured Employers Benefits Trust Fund (UEBTF)Findings and OrderWCJBest InterestHome Ownership
References
Case No. ADJ6649578
Regular
Sep 01, 2009

KERMIT BROWN vs. SECURITAS SECURITY SERVICES, INC., BROADSPIRE BREA

The Appeals Board granted reconsideration, rescinded the original award, and returned the case to the trial level for further proceedings. This was due to due process concerns regarding the admission of applicant's medical treatment records. The WCJ improperly attempted to admit these records after the discovery deadline and without a ruling on the defendant's objection. The Board will allow further proceedings to properly address the evidence and allow the defendant to respond.

Kermit BrownSecuritas Security ServicesBroadspire BreaADJ6649578Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardWorkers' Compensation Judge (WCJ)Security GuardRight Knee Injury
References
Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
Case No. ADJ10954204
Regular
Sep 15, 2022

MARIA FLORES vs. PINNACLE HEALTH CORP., SUMMARY OF EVIDENCE INSURANCE COMPANY OF THE WEST, AFFINITY HOME HEALTH CARE SERVICES, FALLS LAKE FIRE & CASUALTY INSURANCE, SEDGWICK CMS, HOME HEALTH CARE SOLUTIONS, INC.

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Home Health Care Solutions. The applicant, an LVN, was injured in a car accident while traveling between patients for multiple agencies. The Board adopted the WCJ's report, which found the injury arose out of and occurred in the course of employment for Home Health Care Solutions. This decision was based on the fact that the applicant was required to use her own vehicle, which extended the employer-employee relationship beyond direct service. The WCJ also found the going and coming rule did not bar the claim due to the required use of transportation between patient locations.

Workers' Compensation Appeals BoardPetition for ReconsiderationGoing and Coming RuleAOE/COELVNCar AccidentAutomobile ExceptionTransitEmployment RelationshipRequired Vehicle Use
References
Case No. AHM 0118316 AHM 0118317 AHM 0118318
Regular
Jun 13, 2008

DOUGLAS DEES vs. SOUTH COAST PLAZA SECURITY, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN SAFETY CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded prior findings because the WCJ failed to properly determine the date of cumulative injury and ensuing liability. The Board remanded the case for further proceedings to establish the date of injury under Labor Code section 5412 and then determine insurer liability under section 5500.5. This allows for proper joinder of parties and clarification of coverage periods, which are essential for apportioning liability in cumulative trauma cases.

Workers' Compensation Appeals BoardDouglas DeesSouth Coast Plaza SecurityEverest National Insurance CompanyAmerican Safety Casualty CompanyAHM 0118316AHM 0118317AHM 0118318reconsiderationFindings and Orders
References
Case No. ADJ4695356 (LBO 0305933)
Regular
Feb 06, 2012

ABDALLAH SKANDER vs. PINKERTON SECURITY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied Applicant Abdallah Skander's Petition for Removal against Pinkerton Security. The Board adopted the WCJ's report, finding removal inappropriate. Crucially, discovery had not yet closed, and the recent lien conference did not trigger mandatory discovery closure under Labor Code section 5502(e)(3). Therefore, the petition was denied.

Petition for RemovalDENYING REMOVALworkers' compensation administrative law judgeWCJdiscovery closurelien conferenceMandatory Settlement ConferenceLabor Code section 5502(e)(3)proposed new lien hearing ruleWorkers' Compensation Appeals Board
References
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