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

Case No. ADJ6562717, ADJ7394430
Regular
Oct 14, 2013

MYUNG FIRUS vs. HAWAIIAN GARDENS CASINO, TRAVELERS INDEMNITY COMPANY

This case involves Myung Firus as the applicant against Hawaiian Gardens Casino and Travelers Indemnity Company. The Workers' Compensation Appeals Board issued an order dismissing the petitioner's Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew the petition they had filed. Therefore, the Board is not ruling on the merits of the original September 3, 2013 decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalHawaiian Gardens CasinoTravelers Indemnity CompanyADJ6562717ADJ7394430Long Beach District OfficeWithdrawn PetitionSeptember 3 2013 decision
References
Case No. ADJ7350346
Regular
Jan 05, 2012

TENNE PHAM vs. HAWAIIAN GARDEN CASINO, TRAVELERS INSURANCE COMPANY

This order denies Tenne Pham's Petition for Removal in a workers' compensation case against Hawaiian Garden Casino and Travelers Insurance Company. The Appeals Board adopted the findings of the Workers' Compensation Judge, denying the removal. Additionally, the Board ordered a correction of a clerical error in a previous order to remove one of the case numbers from the caption. Therefore, the Petition for Removal is denied, and the prior order is amended.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeClerical ErrorDenying RemovalCorrecting Clerical ErrorStrike Case NumberOrder Denying RemovalADJ3545303ADJ7350346
References
Case No. ADJ9675888
Regular
Mar 03, 2016

XIAO WEN LU vs. HAWAIIAN GARDENS CASINO, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied Xiao Wen Lu's Petition for Reconsideration in this case against Hawaiian Gardens Casino and its insurer. The WCAB adopted and incorporated the Workers' Compensation Judge's (WCJ) report and reasoning. They gave significant weight to the WCJ's credibility determination, as the judge observed the witness's demeanor, and found no substantial evidence to overturn it. Consequently, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.ADJ9675888Hawaiian Gardens CasinoInsurance Company of the Westadministrative law judgedenial of reconsiderationwitness demeanor
References
Case No. ADJ13228350
Regular
Jul 14, 2025

Paul Janikowski vs. Tesla Motors, Inc.

Applicant Paul Janikowski, a production associate at Tesla Motors, Inc., suffered severe leg and ankle injuries in 2019 due to a machine malfunction involving a conveyor and skids. He alleged serious and willful misconduct by Tesla, arguing that the company failed to provide adequate safety protocols and reduced the job from a two-person task to a one-person task, forcing him to cross an energized conveyor. Despite defendant's arguments that safety protocols were in place and the operation met industry standards, the Workers' Compensation Administrative Law Judge (WCJ) found that the applicant met his burden of proof. The Appeals Board denied Tesla's petition for reconsideration, affirming the WCJ's finding of serious and willful misconduct by the employer.

Serious and willful misconductLabor Code section 4553Petition for ReconsiderationFindings Order and AwardWCJCal OSHAMercer-FraserJohns-ManvilleHawaiian PineappleDowden
References
Case No. SJO 0227040
Regular
Nov 15, 2007

LISA HOLDERMAN vs. COUNTY OF SANTA CLARA/SOCIAL SERVICES AGENCY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no serious and willful misconduct by the employer. While the employer had knowledge of a dangerous condition involving lifting a disabled child's wheelchair, their actions, including requests for a specialized van, were deemed a grossly careless omission rather than the deliberate, quasi-criminal conduct required for serious and willful misconduct. Consequently, the applicant is not entitled to the 50% increase in compensation previously awarded.

Workers' Compensation Appeals Boardserious and willful misconductLabor Code section 4553Petition for ReconsiderationFindings and Awardchildren's counselor/aideindustrial injuryleft shoulderright footspine
References
Case No. ADJ8739181
Regular
Sep 19, 2018

JOHN JOAQUIN (deceased), JENNIFER JOAQUIN, individually and as Guardian Ad Litem for ANNAMARIE JOAQUIN, MAKAHLAH LYNN JOAQUIN, IZABEL TRINITY JOAQUIN vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by YORK

This case concerns a deceased worker's family seeking increased compensation due to alleged serious and willful misconduct by the employer, San Diego Unified School District. The WCAB affirmed the judge's finding that the employer did not engage in serious and willful misconduct, as the employer's actions were deemed a mistake in judgment rather than intentional disregard of danger. The Board also upheld the exclusion of evidence regarding a subsequent remedial measure taken by the employer. A dissenting opinion argued that the employer's decision to send the employee to a dangerous roadside repair location demonstrated reckless disregard for safety, warranting a finding of serious and willful misconduct.

Serious and willful misconductLabor Code section 4553Mercer-Fraser Co.subsequent remedial measureEvidence Code section 1151roadside repairdangerous conditionreckless disregardJohns-Manville Sales Corp.Hawaiian Pineapple Co.
References
Case No. ADJ1136158 (LBO 0381365)
Regular
Apr 10, 2008

DARIO MENDEZ vs. HAWAIIAN GARDENS CARD CLUB, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous finding, and found that applicant Dario Mendez sustained an industrial injury to his low back and right leg. The WCAB determined that a lifting incident on November 15, 2005, at the Hawaiian Gardens Card Club, contributed to a new injury despite Mendez's pre-existing back condition. They found the applicant's explanation for the delay in reporting the injury credible, and that the evidence supported a new injury rather than merely an exacerbation of a prior condition. The WCAB deferred all other issues, including the extent of the injury and compensation.

Workers' Compensation Appeals BoardIndustrial InjuryReconsiderationFindings and OrderWCJLow Back InjuryRight Leg InjuryPre-existing ConditionAggravationExacerbation
References
Case No. ADJ306310 (LBO 0383928)
Regular
Jan 23, 2008

MATTHEW T. MORAN vs. ABHE & SVOBODA, ZURICH NORTH AMERICA

The Appeals Board granted reconsideration, rescinded the WCJ's decision of November 6, 2008, and returned the matter for further proceedings because the WCJ erred in excluding a medical report. The Board found the defendant acted with due diligence in obtaining the report.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardMedical TreatmentArthroscopic SurgeryTemporary Total DisabilityPanel QMELabor Code Section 4062Due DiligenceSubstantial Evidence
References
Case No. ADJ6755214
Regular
Sep 04, 2012

IGNACIO LOZANO vs. HAWAIIAN GARDENS CASINO, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinded the original award, and disallowed both lien claims. The Board found that neither Scandoc Imaging nor Certified Interpreters met their burden of proof to establish the compensability of their respective liens. Specifically, Scandoc Imaging failed to provide evidence of the reasonableness of its charges, and Certified Interpreters lacked substantial evidence to support their claim. Consequently, both lien claimants were ordered to take nothing further.

WCABPetition for ReconsiderationLien ClaimsScandoc ImagingCertified InterpretersBurden of ProofReasonableness of ChargesDiscoveryLabor Code Section 5703Findings and Award
References
Case No. ADJ9674255
Regular
Jul 10, 2017

YAN LIU vs. HAWAIIAN GARDENS CASINO, INSURANCE COMPANY OF THE WEST

This case concerns an applicant who alleges both orthopedic and psychiatric injuries from her employment as a casino dealer. While the Board affirmed the finding of orthopedic injury, it deferred the issue of psychiatric injury. The Board clarified that Labor Code § 4660.1(c) does not bar psychiatric claims arising directly from employment events, but it requires a medical apportionment of causation between direct psychiatric injury and injury as a consequence of physical injury. The matter was returned to the trial level for further development of the record regarding the psychiatric injury and its apportionment.

AOE/COELabor Code Section 4660.1(c)psychiatric injurycompensable consequenceviolent actsubstantial medical evidencetreating physicianQMEcontinuous traumaharassment
References
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