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Case Law Database

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

Case No. ADJ13571625
Regular
Apr 12, 2023

MARITZA CANALES vs. EAST WEST EYE INSTITUTE, INC., NOVA CASUALTY COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration by Nova Casualty Company, the insurer for East West Eye Institute, Inc., challenging a finding of joint employment. The applicant, Maritza Canales, worked as a nanny/housekeeper, receiving simultaneous payments from East West/Premier Practice Management (PPM) and an individual, Naomi Kurata. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the judge's report which found sufficient connection to East West/PPM to establish employment based on payroll and benefits provided. The judge also found Naomi Kurata credible, rejecting arguments of witness contradiction and mischaracterization of facts regarding overtime pay.

JOINT EMPLOYMENTALTER EGOEMPLOYMENT FOLLOWS PAYROLLCORPORATE ENTITIESRESIDENTIAL EMPLOYEEHOMEOWNER'S INSURANCEWITNESS CREDIBILITYCOMPENSATION JUDGEPETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARD
References
Case No. ADJ838366
Regular
Sep 28, 2009

RICARDO MARTINEZ (Deceased) MARIA MARTINEZ (Widow) vs. OLIVER TRUCKING COMPANY, INC.; GRANT WEST CASUALTY

The Workers' Compensation Appeals Board (WCAB) has denied a Petition for Removal in the case of Ricardo Martinez (deceased) v. Oliver Trucking Company, Inc. The Board adopted the findings of the administrative law judge, finding no grounds to disturb the prior decision. Therefore, the petition seeking removal of the case for further review has been formally denied.

Petition for RemovalWorkers' Compensation Appeals BoardDeceased ApplicantOliver Trucking CompanyGrant West CasualtyADJ838366LAO 0882518Administrative Law Judge ReportDenied RemovalAlfonso J. Moresi
References
Case No. ADJ6495975 ADJ6496126
Regular
Jan 21, 2011

OLGA MADRIGAL vs. VELORIA FARM LABOR CONTRACTING

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision filed by Care West Claims Management. However, the WCAB granted reconsideration of the petition filed by Redwood Fire & Casualty Insurance Company. The WCAB affirmed the original decision, but amended Finding of Fact No. 12 to explicitly state the applicant requires further medical treatment, including right shoulder surgery. Additionally, a new order was added to remove the issue of future medical treatment in a related case from the calendar.

Olga MadrigalVeloria Farm Labor ContractingADJ6495975Bakersfield District OfficeOpinion and Order Denying and Granting ReconsiderationDecision After ReconsiderationCare West Claims ManagementRedwood Fire & Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesNovember 16
References
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
Case No. ADJ1505960 (RDG 0127227)
Regular
May 29, 2009

JOSEPH RHOADS vs. WESTERN READY MIX, INC.; and TRAVELERS PROPERTY \& CASUALTY

This case involves a petition for reconsideration filed by defendant Western Ready Mix, Inc., and its insurer, Travelers Property & Casualty, regarding a March 12, 2009 decision. The Workers' Compensation Appeals Board has granted this petition for reconsideration. This action is necessary to allow the Board further time to thoroughly review the factual and legal issues presented. The Board intends to issue a just and reasoned decision after a complete understanding of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsOfficial Address Record
References
Case No. ADJ2349671 (LAO 0787649) ADJ678557 (POM 00245222) ADJ767632 (POM 00245221)
Regular
Apr 19, 2010

BLAS MARIN vs. WEST COAST COMMUNICATIONS, and CONTINENTAL CASUALTY COMPANY

Applicant Blas Marin's petition for reconsideration of the Compromise and Release (C&R) is denied as untimely filed, though issues regarding fraud in the C&R execution can be pursued via a petition to reopen for good cause. Lien claimant Southern California Mental Health & Assessment Centers/Azadeh Rahimi, Ph.D.'s petition for reconsideration is granted because the Workers' Compensation Judge (WCJ) improperly disallowed the lien without following proper procedure. The WCJ's order disallowing the lien is rescinded, and the matter is returned for further proceedings. Applicant's counsel was substituted on January 22, 2010, rendering previous filings by former counsel invalid.

Workers' Compensation Appeals BoardBlas MarinWest Coast CommunicationsContinental Casualty CompanyCNA Claim PlusGallagher Bassett ServicesADJ2349671ADJ678557ADJ767632Petition for Reconsideration
References
Case No. ADJ8329154, ADJ8329147, ADJ6945103, ADJ8329173, ADJ8329177
Regular
Nov 25, 2013

ENRIQUE ESTRADA TOVAR vs. VILLA AMOROSA CONSTRUCTION, AMTRUST, HILL FAMILY VINEYARD MANAGEMENT and INSURANCE COMPANY OF THE WEST, MARIA'S MARKET and GUARD INSURANCE

This Workers' Compensation Appeals Board case denied the applicant's petition for reconsideration. It granted the defendant's petition in ADJ8329177, amending the prior decision. Specifically, the Board rescinded findings and the award related to employment with Blanket Estates. The amended decision now finds no employment by Blanket Estates for the claimed periods, resulting in no award for the applicant in ADJ8329177.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialGrantDecision After ReconsiderationFindingsAwardNo EmploymentTake NothingAdjudication of Claim
References
Case No. ADJ7932820
Regular
Sep 11, 2019

CHRISTOPHER CORDERO vs. CENTRAL REFRIGERATED SERVICES INC., GREAT WEST CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the Administrative Law Judge's (ALJ) order allowing liens for Grant Mercantile and Prospice Medical Group against Central Refrigerated Services Inc. The WCAB rescinded the ALJ's decision and returned the case for further proceedings, finding issues with the ALJ's reasoning regarding lien validity, proof of assignment, and justification for penalties and interest. Specifically, the Board requires further exploration of whether Grant Mercantile has standing as a collection agent and mandates lien claimants to prove the reasonableness and necessity of medical treatment. The defendant bears the burden of proof regarding Prospice's declaration's alleged falsity.

Workers' Compensation Appeals BoardLien ClaimantsReconsiderationFindings of FactOrderGrant MercantileProspice Medical GroupFee ScheduleUnreasonable DelayStanding
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. ADJ7964733
Regular
May 29, 2018

JOSE LUIS MASTACHE vs. STAFFCHEX, INC., JESSIE LORD BAKERY; CALIFORNIA GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY in Liquidation through its servicing facility SEDGWICK CMS; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where CIGA seeks reconsideration of a prior decision. The core dispute centers on whether a Travelers insurance policy issued to Jessie Lord Bakery excludes coverage for special employees leased from Staffchex. The Appeals Board granted reconsideration, rescinded the prior decision, and found that the Travelers policy provided coverage, reasoning that the exclusion endorsement was invalid as it lacked the required written affirmation by the policyholder. Furthermore, the Board clarified that general and special employers remain jointly and severally liable for workers' compensation benefits, irrespective of agreements between them.

CIGAStaffchexJessie Lord BakeryTravelers Property Casualty CompanyUllico Casualty CompanySpecial EmployeeGeneral EmployerJoint and Several LiabilityLabor Code Section 3602(d)Limiting Endorsement
References
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