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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3741925 (VNO 0106922) ADJ3558542 (VNO 0106921)
Regular
Jul 06, 2012

MICHELE KOTLARCHICK vs. GENERAL MOTORS CORPORATION

The Workers' Compensation Appeals Board denied General Motors' Petition for Reconsideration regarding a $500 contempt citation. The Board found the defendant's counsel persistently argued a point after the judge ruled against him and warned of contempt. This continued defiance constituted deliberate disobedience and flouting of the court's authority. Additionally, the Board denied the Petition for Removal concerning a discovery order, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardMichele KotlarchickGeneral Motors CorporationPetition for ReconsiderationContempt citationVigorous advocacyDefiance of rulingDirect contemptLabor Code § 5309(c)Petition for Removal
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. ADJ8493192, ADJ8386046
Regular
Feb 05, 2016

HECTOR CAMPOS vs. CELL-CRETE CORPORATION, OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC., INFRASOURCE, OLD REPUBLIC INSURANCE COMPANY

This case involves applicant Hector Campos seeking reconsideration of a Findings and Award concerning cumulative injuries sustained while employed by Cell-Crete Corporation and Infrasource. The Workers' Compensation Judge (WCJ) found applicant sustained a curable injury at Cell-Crete but no injury at Infrasource. Applicant argued improper consolidation and need for further discovery, while Cell-Crete asserted a post-termination defense and challenged the WCJ's reliance on an Agreed Medical Evaluator's opinion. The Workers' Compensation Appeals Board (WCAB) reviewed the petitions and answers, ultimately adopting the WCJ's report and denying reconsideration, affirming the original Findings and Award.

Workers' Compensation Appeals BoardCell-Crete CorporationOld Republic General Insurance CorporationGallagher Bassett ServicesInc.InfrasourceOld Republic Insurance CompanyADJ8493192ADJ8386046Deputy Commissioner
References
Case No. ADJ1137286
Regular
Mar 03, 2009

PINAZ KOLAHI vs. GENERAL MOTORS CORP., SEDGWICK CLAIMS MANAGEMENT

Defendant General Motors seeks reconsideration of a Workers' Compensation Appeals Board decision awarding temporary disability, permanent disability, and future medical treatment to applicant Pinaz Kolahi. Defendant argues the cumulative trauma period ending date is unsupported, temporary disability is unsubstantiated, and permanent disability indemnity was calculated at an incorrect rate. The Board granted reconsideration, rescinded the original and amended findings, and remanded the case for further proceedings due to an apparent inconsistency between the amended findings and opinion on decision. The Board expressed no opinion on the merits of the underlying contentions.

WCABADJ1137286VNO 0490167Pinaz KolahiGeneral Motors Corp.Sedgwick Claims ManagementFindings and AwardAmended Findings and AwardPetition for ReconsiderationReport and Recommendation
References
Case No. ADJ8386046, ADJ8493192
Regular
Oct 13, 2015

HECTOR CAMPOS vs. CELL-CRETE CORPORATION, OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC., INFRASOURCE, OLD REPUBLIC INSURANCE COMPANY

This case involves a petition for reconsideration filed by both the applicant and the defendant, Cell-Crete, concerning a decision issued on July 22, 2015. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow for a more thorough review of the factual and legal issues presented. This decision is necessary to ensure a just and reasoned outcome after a complete understanding of the record. All further correspondence related to the petitions must be filed directly with the WCAB Commissioners' office.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONCELL-CRETE CORPORATIONOLD REPUBLIC GENERAL INSURANCE CORPORATIONGALLAGHER BASSETT SERVICES INCINFRASOURCEADJ8386046ADJ8493192San Francisco District OfficeOPINION AND ORDER
References
Case No. ADJ854108 (OAK 0281808)
Regular
Oct 07, 2008

PATRICIA BECK vs. INTEGRATED DEVICES TECHNOLOGY, SAFETY NATIONAL CASUALTY CORPORATION, MATRIX ABSENCE MANAGEMENT, RANDSTAND, CIGA ON BEHALF OF LEGION INSURANCE IN LIQUIDATION, BROADSPIRE

This case involves an applicant who sustained an industrial injury to her left thumb, hand, and wrist while employed by both a general employer (Randstand) and a special employer (Integrated Devices Technology, IDT). The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct minor errors in the original Findings and Award, specifically regarding citations to the Insurance Code and the identification of the general employer. The WCAB affirmed the original decision that IDT's insurer, Safety National Casualty Corporation, constitutes "other insurance," thereby relieving CIGA of liability for the claim.

Workers' Compensation Appeals BoardIntegrated Devices TechnologySafety National Casualty CorporationMatrix Absence ManagementRandstandCIGALegion InsuranceBroadspirespecial employergeneral employer
References
Case No. VNO 0457283
Regular
Aug 28, 2007

GREGORY BRIDGES vs. FILM PAYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, by BROADSPIRE, KELLEY PRODUCTIONS, INC., NATIONAL SURETY CORPORATION now FIREMAN'S FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award and returned the case for further proceedings to determine if the special employer's insurer, National Surety Corporation, provides "other insurance" under Insurance Code section 1063.1(c)(9). The WCAB ruled that a prior appellate decision did not collaterally estop CIGA from asserting this issue and found that the National Surety Corporation policy may constitute such "other insurance." The case now requires a determination on the merits of whether National Surety Corporation's policy is available to applicant, impacting CIGA's liability.

CIGALegion Insurance CompanyNational Surety CorporationFireman's Fundgeneral employerspecial employerjointly and severally liableother insuranceInsurance Code section 1063.1(c)(9)collateral estoppel
References
Case No. ADJ9928707
Regular
Oct 20, 2017

Victorino Aragon Orta vs. Classic Party Rentals, Old Republic General Insurance Co.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the Administrative Law Judge's (ALJ) order disallowing Reshealth Medical Group's lien. The ALJ had found the assignment of the lien invalid due to an undated, untitled, and illegibly signed document, and because Reshealth was a suspended corporation. However, the WCAB found that the ALJ failed to provide a sufficient opinion, develop the record regarding Reshealth's corporate status and the assignment date, and potentially denied due process by raising the assignment's validity sua sponte without notice. The case was returned to the trial level for further development of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAssignment ValiditySuspended CorporationCorporate StatusStandingLien DisallowanceDue ProcessFair Hearing
References
Case No. ADJ7793905, ADJ7793938
Regular
Feb 25, 2014

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant, Shderick Fowlks, not covered by workers' compensation. Fowlks, an officer and sole shareholder of Lube Pit Stop, Inc., was deemed an employee under Labor Code section 3351(c) but excluded from compensation coverage by section 4151(a) because the corporation lacked specific election through a compensation policy. The WCAB clarified that while officers are generally employees, sole shareholder-officers require election to be covered, which was not demonstrated here due to policy exclusions. Therefore, Fowlks' claims for injuries sustained while working for the corporation were dismissed.

Labor Code section 3351(c)corporate officersole shareholderworkers' compensation coverageelectioninsurance policyexclusionshamadministrative law judgePetition for Reconsideration
References
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