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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7254561 ADJ7254565
Regular
Dec 21, 2018

GREG WALLOCH vs. CITY OF LAGUNA BEACH POLICE DEPARTMENT

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an awarded permanent disability. The Board upheld the finding that the defendant was not entitled to credit for overpaid permanent disability advances in one case against an award in another. The Board found the defendant's arguments regarding public gift and inequity to be without merit, emphasizing the applicant's good faith and the defendant's awareness of the cumulative trauma injury for an extended period. The decision highlights the Board's discretion in allowing credit for overpayments, balancing equities and applicant hardship.

Workers' Compensation Appeals BoardGreg WallochCity of Laguna Beach Police DepartmentJoint Findings and AwardPermanent DisabilityCreditOverpaymentCumulative TraumaSpecific InjuryMaximum Medical Improvement
References
Case No. MON 0238441
Regular
Sep 07, 2007

LINDA J. O'HAGAN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a dispute over the commutation of an applicant's permanent total disability indemnity to a lump sum. The applicant, a teacher injured in 1993, was awarded 100% permanent disability and lifetime indemnity payments. The administrative law judge commuted these payments to a lump sum for the applicant to purchase a home and rental property, deeming it in her best interest. The defendant sought reconsideration, arguing this investment purpose defeats the purpose of permanent disability benefits. The majority denied reconsideration, adopting the WCJ's report, while one commissioner dissented, believing the investment purpose was not within the scope of commutation.

CommutationPermanent Total DisabilityLabor Code section 5100Best InterestRental PropertyResidential PropertyLife PensionWCJ ReportReconsiderationDissenting Opinion
References
Case No. ADJ10765465
Regular
Mar 25, 2018

VIRAJ PATEL vs. TASA CORPORATION, DONALD AND MARIE FERGUSON, dba PROPERTY DAMAGE APPRAISERS OF SANTA CLARA COUNTY, uninsured, PROPERTY DAMAGE APPRAISERS, INC., insured by THE HARTFORD, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The applicant, Viraj Patel, suffered a severe industrial injury while working as a vehicle appraiser. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning the trial judge's finding that Patel was an independent contractor. The WCAB found Patel was an employee of TASA Corporation and Property Damage Appraisers, Inc., based on factors like TASA's control over his work and the integral nature of his role. The case is remanded for further proceedings on compensation.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusRight to controlBorello factorsFranchise agreementIndustrial injuryPTSDLoss of sightTASA Corporation
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. ADJ8669912, ADJ8093149, ADJ8095729, ADJ8086538
Regular
Apr 15, 2015

ERASTO ESTRADA vs. ENNABE PROPERTIES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration in the case of Erasto Estrada v. Ennabe Properties, Inc. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB requires all correspondence related to the petition to be filed directly with the Commissioners in San Francisco, not the district office, and specifically prohibits e-filing for these matters. Trial level documents unrelated to the reconsideration petition should continue to be filed through EAMS or in paper form as permitted.

WCABPetition for ReconsiderationEnnabe PropertiesADJ8669912ADJ8093149ADJ8095729ADJ8086538San FranciscoEAMSWCJ
References
Case No. ADJ7874883
Regular
Apr 10, 2013

ENRIQUE ESPINOZA vs. MARTIN PROPERTIES, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed Enrique Espinoza's Petition for Reconsideration against Martin Properties and Sedgwick Claims Management Services. The dismissal was primarily due to the petition not being timely filed. Even if it had been timely, the Board would have denied it on the merits, adopting the reasoning of the administrative law judge. Therefore, the petition is dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalTimely FiledWCJ ReportAdministrative Law JudgeSedgwick Claims Management ServicesMartin PropertiesEnrique EspinozaAnaheim District Office
References
Case No. ADJ7469776
Regular
Jun 01, 2015

PAUL PALMER vs. KANSAS CITY CHIEFS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns whether California workers' compensation jurisdiction applies to an out-of-state professional football player's cumulative injury claim. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, affirming the WCJ's finding that the applicant's minimal contact with California (5 out of 62 games) did not establish a sufficient connection for due process under *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. The majority found that California lacked a legitimate and substantial interest in adjudicating the claim, deeming the applicant's contact "de minimis." Commissioner Sweeney dissented, arguing that California has a substantial interest in injured workers and that the applicant's contact was more than de minimis, thus supporting WCAB jurisdiction.

WCABPaul PalmerKansas City ChiefsTravelers Property Casualty Company of AmericaADJ7469776Petition for ReconsiderationFindings of FactAdministrative Law JudgeWCJFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)
References
Case No. LAO 0689496
Regular
Jul 18, 2007

FLORENCIO ALVARADO vs. FISCH-HORWITZ 12TH STREET PROJECT, FISCH PROPERTIES, FISCH LIVING TRUST, STATE COMPENSATION INSURANCE FUND, TIG INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision and affirmed the finding that the applicant was employed by Fisch Properties, insured by TIG Insurance Company, at the time of his injury. The WCAB reversed the prior ruling that barred SCIF from seeking contribution from TIG based on the doctrine of laches, finding no prejudice demonstrated by TIG. Consequently, SCIF is entitled to contribution from TIG.

Workers' Compensation Appeals BoardFisch-HorwitzFisch PropertiesState Compensation Insurance FundTIG Insurance CompanyAllstate Insurance CompanyReconsiderationDoctrine of LachesContributionCompromise and Release
References
Case No. ADJ11026657
Regular
Feb 27, 2020

Monnie Wright vs. California Public Employees' Retirement System, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) affirmed the finding that collateral estoppel prevents them from determining industrial causation for applicant Monnie Wright's injury under Government Code section 21166. A prior jury found Wright's injury arose out of employment but not in the course of employment. The WCAB has jurisdiction to determine industrial causation for CalPERS disability claims, applying procedural rules and factual findings. However, collateral estoppel, being a hybrid substantive/procedural issue, means the prior jury's determination on "arising out of" but not "in the course of" employment precludes the WCAB from making a new finding of industrial causation (AOE/COE).

WORKERS' COMPENSATION APPEALS BOARDCALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMLegally UninsuredSTATE COMPENSATION INSURANCE FUNDClaims AdministratorOPINION AND DECISION AFTER RECONSIDERATIONGovernment Code section 21166collateral estoppelindustrial causationarising out of and in the course of employment
References
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