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

Case No. ADJ7733387
Regular
Apr 26, 2012

Martina Velazquez vs. IKEA HOLDING US, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration based on two primary grounds. First, the defendant failed to properly serve a lien claimant, Duran Interpreting Service, which was affected by the petition, violating procedural rules. Second, the defendant improperly attached a news article to its petition that was not part of the trial record and offered no justification as newly discovered evidence. Consequently, the defendant's reconsideration request was dismissed, affirming the original finding that the applicant's injury occurred in the course of employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalGoing and Coming RuleCourse of EmploymentMotor Vehicle AccidentForklift DriverIKEALiberty Mutual InsuranceHinojosa v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ7844537
Regular
Apr 26, 2012

MARIA SOSA vs. IKEA HOLDING US, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board dismissed IKEA's petition for reconsideration due to defective service. IKEA failed to serve the applicant's current attorney and several lien claimants, violating mandatory service requirements. The Board also noted the improper inclusion of an unintroduced news article with the petition. Consequently, the defendant's petition was dismissed, upholding the original finding that the applicant's injury occurred in the course of employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationGoing and Coming RuleCourse of EmploymentSubstitution of AttorneysDefective ServiceAdverse PartiesLien ClaimantsProof of ServiceNewly Discovered Evidence
References
Case No. ADJ5814508
Regular
Mar 07, 2014

JOHNSON NGUYEN vs. IKEA, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns whether the applicant's workers' compensation claim was barred by the statute of limitations. The defendant, IKEA, argued the claim was untimely, but the Board found their actions constituted a breach of duty regarding statutory notice requirements. The Board determined the statute of limitations was tolled due to the defendant's prior failure to properly inform the applicant of his rights and subsequent erroneous statements advising the claim was too late. Therefore, the applicant's claim was permitted to proceed on its merits.

Workers' Compensation Appeals BoardStatute of LimitationsEstoppelLabor CodeNotice of Potential Eligibility (NOPE)TollingAffirmative DefenseBurden of ProofFindings of FactReconsideration
References
Case No. ADJ7683010
Regular
Apr 26, 2012

MARIA CERVANTES vs. IKEA HOLDING US, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board dismissed IKEA's petition for reconsideration because the employer failed to serve lien claimants with the petition. The employer argued the applicant's injury did not arise out of employment under the "going and coming" rule, but this issue was overshadowed by the procedural defect. Furthermore, the Board admonished defense counsel for attaching an irrelevant news article to the petition, which was not part of the official record. Therefore, the petition was dismissed due to improper service and the introduction of extraneous documents.

going and coming ruleHinojosa exceptionscourse of employmentPetition for ReconsiderationWCJdefective servicelien claimantsM.C.A.Inc.Lab. Code § 5903(d)
References
Case No. ADJ10893764
Regular
Sep 16, 2019

MUNG TRUONG vs. IKEA HOLDINGS U.S., INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied Mung Truong's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will occur and reconsideration will not be an adequate remedy. The Board found the petitioner did not demonstrate either of these conditions. Defense counsel was also admonished for failing to comply with formatting rules.

Petition for RemovalDenial of RemovalSubstantial PrejudiceIrreparable HarmReconsiderationWCABWCJCal. Code Regs. tit. 8§ 10843(a)Rule 10205.12
References
Case No. ADJ2728426 (OAK 0268124)
Regular
Jul 05, 2016

ANTONIA GUZMAN, vs. ROTH STAFFING; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INS. CO, In Liquidation; IKEA; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,

The Workers' Compensation Appeals Board rescinded an arbitrator's order changing the administrator of a claim. The original order found Travelers' policy constituted "other insurance," relieved CIGA of liability, and required Travelers to administer the claim, but the Board found the arbitrator failed to create a sufficient record. Specifically, essential preliminary facts regarding employment, insurance coverage, and the nature of Travelers' coverage were not established. The case is returned to the arbitrator to create a proper record and adjudicate the issues, including the doctrine of laches, based on substantial evidence.

CIGALachesInsurance Code Section 1063.1Order Changing AdministratorReconsiderationLabor Code Section 5313ArbitrationRecord CreationThreshold IssueAOE/COE
References
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