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Case Law Database

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

Case No. ADJ7649889
Regular
Aug 13, 2012

ANDREA FREDENBURG vs. 24-HR FITNESS, ACE AMERICAN, GALLAGHER BASSETT SERVICES

This case concerns a petition for removal filed by the defendant, 24-HR Fitness, seeking to vacate a prior ruling that allowed limited discovery. The Appeals Board dismissed the petition, adopting the judge's report. The judge found that the defendant's claims of prejudice and irreparable harm were unsubstantiated. Therefore, discovery remains open solely for the applicant to depose Dr. Hamilton on the issue of earnings, with admissibility to be determined at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalMandatory Settlement ConferenceAdmissibilityDepositionDr. HamiltonEarningsPrejudiceIrreparable Harm
References
Case No. ADJ1164287 (VNO 0343051)
Regular
Jan 20, 2009

DANIEL VENEGAS vs. L. A. C. M. T. A., TRAVELERS INSURANCE COMPANY

The WCJ's decision is rescinded due to procedural issues (lack of record compliance with WCAB Rule 10566(c), Hamilton v. Lockheed Corp., and Labor Code § 5313). The case is returned for further proceedings.

WCABReconsiderationPetition to ReopenNew and Further Temporary DisabilityPermanent DisabilityWCJStipulationsAdmitted EvidenceWCAB Rule 10566Labor Code § 5313
References
Case No. ADJ3580938 (LBO 0389610) ADJ2553702 (LBO 0376341)
Regular
Feb 16, 2016

JOSE YANEZ, vs. SPECTER OFF ROAD, INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY; FARMERS INSURANCE COMPANY

The WCAB granted reconsideration of a decision that limited a hospital's lien claim reimbursement and intended to sanction the hospital for bad faith. This rescission and remand for further proceedings occurred because the trial record was incomplete and failed to comply with WCAB Rule 10566 and *Hamilton*. Specifically, minutes of hearing lacked required information, and it was unclear if the hospital agreed to independent bill review. The WCJ must now address the hospital's arguments regarding bill review and the admissibility of the independent reviewer's report.

WCABPetition for ReconsiderationLien ClaimantMonrovia Memorial HospitalAdministrative Law JudgeJoint Findings of FactNotice of Intention to Impose SanctionsIndependent Bill ReviewerGriff StelznerWCAB Rule 10566
References
Case No. ADJ8619480
Regular
Nov 22, 2019

MARCO MARTINEZ, vs. BRAM, LLC, aka VALLEY PROTEIN, LLC, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The WCAB rescinded an arbitrator's decision finding CIGA liable for benefits because the record lacked required findings, stipulations, and evidence, violating WCAB Rule 10566 and *Hamilton*. CIGA argued the policy was canceled due to the employer's failure to pay premiums, which the broker did not timely forward to the insolvent insurer. The Board noted that policy cancellation requires 10 days' written notice and that CIGA is not an insurer with the same responsibilities. The case is returned to the arbitrator to create an adequate record and issue a proper decision.

CIGAinsolvent insurerCastlepointpremium paymentpolicy cancellationauthorized agentWCAB Rule 10566Hamilton v. Lockheed Corp.arbitration recordfindings of fact
References
Case No. ADJ3110904 (MON 0294776) ADJ3428603 (MON 0294777)
Regular
Sep 18, 2017

KATHY MAJICK vs. HOGAN & HARTSON, LLP, PACIFIC INDEMNITY, FIREMAN'S FUND

This case involves a contribution dispute between two insurance carriers, Pacific Indemnity and Fireman's Fund, concerning a worker's compensation settlement. Pacific Indemnity sought reconsideration of an arbitrator's award finding it liable for 25% of the settlement, arguing the arbitrator erred by not treating the injuries as a single event and by failing to address statute of limitations issues. The Appeals Board granted reconsideration due to a non-compliant arbitration record, including missing documents and improperly labeled exhibits, as required by *Hamilton v. Lockheed Corp*. The Board rescinded the arbitrator's award and remanded the case for proper record compliance and findings on all outstanding issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseContribution ProceedingsCumulative InjuryStatute of LimitationsLabor Code section 5412Labor Code section 5500.5Substantial Medical EvidenceArbitration Record
References
Case No. ADJ2218706 (VNO 0501260) ADJ1058308 (VNO 0482296)
Regular
Apr 19, 2010

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELER'S INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

This case concerns appeals from a workers' compensation judge's decision regarding liability for cumulative trauma injury. The Appeals Board granted reconsideration to clarify the determination of the date of injury under Labor Code § 5412, which is crucial for assigning liability to the insurer covering the last year of exposure. The Board found the WCJ's decision lacked sufficient clarity and specific findings regarding disability and knowledge of causation. Therefore, the prior decision was rescinded, and the case was returned for further proceedings to make clear findings consistent with established legal principles.

Workers' Compensation Appeals BoardDonna DeRussyAntelope Valley Health Care SystemTravelers InsuranceSafety NationalFrontier Insurancecumulative traumadate of injuryLabor Code §5500.5Labor Code §5412
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. ADJ16771687
Regular
Oct 14, 2025

Susan Gaona vs. ARB, Inc.; Primoris Services Corp.

Defendant ARB, INC. and PRIMORIS SERVICES CORP., administered by THE HARTFORD, filed a petition for removal challenging an August 13, 2025, order setting the matter for trial, asserting that discovery was incomplete. Applicant Susan Gaona filed an answer, and the WCJ recommended denying removal. The Workers' Compensation Appeals Board upheld the WCJ's recommendation, denying the petition. The Board emphasized that removal is an extraordinary remedy and found no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. They also stated that parties would have the opportunity to develop the record and raise discovery issues during the trial process.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial EvidenceWCJ ReportOrder Setting TrialDiscovery
References
Case No. AHM 0138702
Regular
Mar 17, 2008

EMMA J. HAMILTON vs. CHILDREN'S HOSPITAL OF ORANGE COUNTY

The Workers' Compensation Appeals Board (WCAB) dismissed Emma J. Hamilton's petition for reconsideration because it was filed late. Although the WCAB made an error in the applicant's address, service was properly made on her attorney. Even with the actual receipt date, the petition was filed 29 days after the applicant received the decision, exceeding the statutory deadline.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAOE/COEIndustrial InjuryTimelinessOfficial Address RecordService of ProcessJurisdictionAdministrative Law Judge
References
Case No. ADJ8986735
Regular
Sep 23, 2014

DERRICK HAMILTON vs. SAN FRANCISCO 49ERS, BERKLEY REGIONAL INSURANCE COMPANY

In case ADJ8986735, the Applicant Derrick Hamilton sought reconsideration of a decision dated July 28, 2014. The Workers' Compensation Appeals Board has issued an order dismissing the Petition for Reconsideration. This dismissal is solely due to the petitioner's withdrawal of the reconsideration request. The order formally confirms the dismissal of the petition as per the petitioner's action.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWithdrawnApplicantDefendantSan Francisco 49ersBerkley Regional Insurance CompanyADJ8986735Anaheim District Office
References
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