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Case Law Database

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

Case No. ADJ3896064 (SAL 0121108)
Regular
Aug 08, 2012

BRUCE AYERS vs. GRANITE ROCK COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies reconsideration of a prior award finding permanent and total disability. The applicant's treating physician and vocational experts opined that the applicant's multiple impairments, including chronic pain, medication side effects, and sleep disturbances, render him unemployable. The Board found the defendant failed to present a fair and complete picture of the medical evidence regarding the applicant's employability, specifically omitting key portions of the physician's opinion. The Board also noted the defendant's attempt to reopen discovery regarding sleep medication was without merit, as the applicant's testimony was credible and the existing evidence supported his ongoing disability.

Workers' Compensation Appeals BoardGranite Rock CompanyZurich American Insurance CompanyPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeSleep StudySleep MedicationEarning CapacitySuitable and Gainful EmploymentVocational Experts
References
Case No. ADJ8944426, ADJ8942895
Regular
Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant sustained injury arising out of and in the course of employment. Defendants argued certain exhibits were improperly admitted due to lack of service and that the decision was vague. The Board adopted the WCJ's report, which found the exhibits were properly admitted or any error was harmless, and that the decision adequately addressed the stipulated facts. The WCJ's report detailed why the exhibits were admissible despite service issues and explained that further clarification on body parts or liability was not required at this stage of the proceedings.

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report
References
Case No. FRE 186612
Regular
Mar 26, 2008

, Jose Maravilla, vs. , JOSE AND FLORENCIA ALVERNAZ and CIGA, by CAMBRIDGE INTERGRATE SERVICES for FREMONT INSURANCE COMPANY, in liquidation; LIBERTY MUTUAL INSURANCE COMPANY; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS

This case involves Liberty Mutual/Golden Eagle Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma injury to both knees. The WCAB denied reconsideration, finding the Statute of Limitations defense was waived and that the *Benson* case regarding allocation of disability cause was not applicable as there was only one industrial injury. The WCAB adopted the WCJ's report in its entirety for its denial.

Workers' Compensation Appeals BoardJose MaravillaJose and Florencia AlvernaCIGAFremont Insurance CompanyLiberty Mutual Insurance CompanyCalifornia Indemnity Insurance CompanyGAB RobinsFRE 186612Opinion and Order Denying Petition for Reconsideration
References
Case No. ADJ1034828
Regular
Jan 19, 2000

KELLY JOLLY vs. INPUT 1; CIGA administered by its servicing facility CAMBRIDGE INTEGRATED SERVICES GROUP, INC. for FREMONT COMPENSATION INSURANCE COMPANY; In liquidation; GRANITE STATE INSURANCE COMPANY, by AIG; STATE COMPENSATION INSURANCE FUND; AMERICAN SAFETY CASUALTY, by GALALGHER BASSETT

The Workers' Compensation Appeals Board denied reconsideration in this case. The Board adopted the arbitrator's report, which explained their prior holding. This holding established that CIGA is entitled to pre-litigation benefits from an insolvent carrier but must remit those proceeds to the insolvent carrier's trustee. Therefore, the petition for reconsideration was denied.

CIGAReconsideration DeniedInsolvent CarrierTrusteePre-litigation BenefitsLiquidated Insurance CompanyServicing FacilityWorkers' Compensation Appeals BoardArbitrator ReportAdjudication
References
Case No. ADJ775111 (AHM 0115194)
Regular
Jun 14, 2010

JUAN VARONA vs. SOFTEX, INC./GRANITE STATE INSURANCE COMPANY as administered by AIG DOMESTIC CLAIMS, INC.

This case involves Granite State Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB upheld the arbitrator's finding that Softex, Inc. was a co-employer responsible for applicant Juan Varona's workers' compensation coverage for a roofing injury. Granite State's arguments, including collateral estoppel based on a prior civil case and contentions about policy coverage and cancellation, were rejected. The WCAB found insufficient grounds to overturn the original decision, denying Granite State's petition.

Workers' Compensation Appeals BoardSoftexGranite State Insurance CompanyAIG Domestic ClaimsCo-employment agreementRoofing workCollateral estoppelRescission of policyMaterial misrepresentationCo-employee coverage
References
Case No. ADJ9090850
Regular
Jun 28, 2017

VINCE FERRAGAMO vs. ST. LOUIS RAMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY, in liquidation, HOME INSURANCE COMPANY, in liquidation, BUFFALO BILLS, INC., GREEN BAY PACKERS, NORTHWESTERN NATIONAL INSURANCE COMPANY merged with HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardVince FerragamoSt. Louis RamsFremont Indemnity CompanyHome Insurance CompanyBuffalo BillsGreen Bay PackersNorthwestern National Insurance CompanyHighlands Insurance Companycumulative trauma
References
Case No. ADJ18217235; ADJ18217236
Regular
Apr 29, 2025

Crispin Bermudez vs. Elkhorn Packing Company, LLC; Zenith Insurance Company

The Workers' Compensation Appeals Board addressed a petition for reconsideration filed by Zenith Insurance Company challenging an arbitrator's finding that applicant Crispin Bermudez was covered by a workers' compensation policy despite signing a waiver. The Board granted the petition, rescinded the arbitrator's decision, and issued a new decision. It found that as a managing member of a limited liability company, Bermudez had executed a valid written waiver of his workers' compensation rights under Labor Code sections 3351(f) and 3352(a)(17). Consequently, the applicant was deemed excluded from the definition of an employee and thus not entitled to workers' compensation coverage.

Workers' CompensationManaging MemberWaiver of CoverageLabor Code Section 3352(a)(17)Conclusive PresumptionIndustrial InjuryPetition for ReconsiderationArbitrator's DecisionRescinded DecisionLimited Liability Company
References
Case No. ADJ7110663
Regular
May 09, 2016

WILLIAM BO MATTHEWS vs. SAN DIEGO CHARGERS, ZENITH INSURANCE COMPANY, NEW YORK GIANTS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, DENVER GOLD, THE NORTH RIVER INSURANCE COMPANY

This case involves a petition for reconsideration of an arbitrator's decision regarding workers' compensation liability for a professional football player's cumulative trauma injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified the arbitrator's award, finding the applicant sustained two separate cumulative trauma injuries due to distinct periods of employment exposure. Consequently, the WCAB ruled that the petitioner, Insurance Company of North America/ACE USA (ESIS), is not liable for contribution to another insurer, The North River Insurance Company (NRIC), which had mistakenly paid a portion of a settlement. The Board affirmed the finding of two injuries, citing a significant break in employment as creating separate compensable periods, but rescinded the award to NRIC, holding NRIC should recover nothing from ESIS.

WCABPetition for ReconsiderationArbitration DecisionContributionCumulative InjuryProfessional Football PlayerInsurance Company of North America/ACE USAZenith Insurance CompanyThe North River Insurance CompanyLabor Code Section 5500.5
References
Case No. ADJ4445992 (MON 0029719)\nADJ887768 (MON 0029718)
Regular
Mar 30, 2017

BERNARD BILLIK vs. HUGHES AIRCRAFT COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, WAUSAU INSURANCE COMPANY

The Court of Appeal ordered the Workers' Compensation Appeals Board (WCAB) to award applicant's attorney's fees for responding to a denied petition for writ of review. The applicant's counsel and the defendant's insurer subsequently stipulated to attorney's fees and costs totaling $6,492.50. The WCAB found this amount reasonable and issued an award for these fees and costs against Wausau Insurance Company, payable in addition to any compensation owed to the applicant.

Workers' Compensation Appeals BoardAttorney's FeesLabor Code § 5801Petition for Writ of ReviewRemandStipulationAppellate Attorney's FeesWausau Insurance CompanyHughes Aircraft CompanyLiberty Mutual Insurance Company
References
Case No. ADJ3692070 (VNO 0358999) ADJ3657461 (VNO 0482460) ADJ2691803 (MON 0216775)
Regular
Jan 14, 2008

MARIA MALDONADO vs. DATA PRODUCTS CORPORATION, ALLIANZ INSURANCE COMPANY, ROYAL AND SUNALLIANCE INSURANCE COMPANY, Arrowood Indemnity Company

Reconsideration granted to correct error in designating Royal & SunAlliance as liable; Allianz Insurance Company is the only party liable for benefits.

Workers' Compensation Appeals BoardData Products CorporationAllianz Insurance CompanyRoyal and Sunalliance Insurance CompanyArrowood Indemnity Companysuccessor liabilityStipulationsMandatory Settlement ConferenceFindings and AwardsPetition for Reconsideration
References
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