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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9685765
Regular
Feb 09, 2015

MARTIN VAN DOORN vs. WEST VALLEY CONSTRUCTION COMPANY, INC., ZURICH AMERICAN INSURANCE COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case concerns a petition for reconsideration by West Valley Construction Company and Zurich American Insurance Company regarding a prior decision that reversed an arbitrator's finding. The arbitrator had barred the applicant's claim for specific injuries to his neck and back due to the statute of limitations. The defendants argued the applicant's petition was procedurally defective and that the Board did not properly weigh evidence. The Board denied reconsideration, finding the applicant's amended petition cured any initial defects and that the defendants were not prejudiced by the form of the original filing. The Board affirmed its previous decision based on its prior reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsSpecific InjuryCumulative InjuryProcedural DefectVerificationCase NumberArbitrator's FindingsDecision After Reconsideration
References
Case No. ADJ4359205
Regular
Aug 07, 2013

HECTOR GONZALEZ vs. DIMAS ERNESTO RAMOS, BZZZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, PACIFIC SPECIALTY INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration in a workers' compensation matter where the applicant, Hector Gonzalez, claimed injury while working on a construction project. The defendant, Dimas Ernesto Ramos, contested that he was the employer, arguing Gonzalez was an independent contractor or a residential employee. The Administrative Law Judge found Ramos to be the employer based on extensive contradictions in Ramos's testimony and the credible testimony of others, establishing an employer-employee relationship. The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's findings and giving them great weight.

WCABPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.construction projectbuilder-ownerlicensed general contractorBZZZ ConstructionState Compensation Insurance Fund
References
Case No. ADJ7243389
Regular
Dec 31, 2019

JOSE MARTINEZ vs. MATTHEW LAWRENCE CONSTRUCTION, INC., GRANITE STATE INSURANCE CO., CHARTIS SAN DIEGO (Adjusting Agent), Martin Lawrence, Yvonne Lawrence, ACA Insurance Company

The Workers' Compensation Appeals Board granted reconsideration to correct procedural errors. The Board rescinded the prior finding that the applicant was not working for the construction company, as this issue was not properly before the original judge. New parties, the individual property owners and their insurance carrier, have been joined. The case is returned to the trial level for a determination of all employment relationships and potential coverage issues.

Workers' Compensation Appeals BoardMatthew Lawrence ConstructionGranite State Insurance Co.Chartis San DiegoJose Martinezemployeeindependent contractorreconsiderationfinding of factrescinded
References
Case No. ADJ7495216 ADJ7495729 ADJ7497171
Regular
Sep 11, 2013

FRANK ALLEN vs. ATLAS TRANSFER AND STORAGE COMPANY, REDWOOD FIRE & CASUALTY INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

Defendants sought reconsideration of an award finding Frank Allen an employee entitled to temporary disability and medical treatment. They argued Allen was an independent contractor, and that temporary disability should be limited to 104 weeks due to insufficient evidence of chronic lung disease. The Appeals Board granted reconsideration, amended the temporary disability finding, and affirmed the award otherwise, returning the case to the trial level.

WORKERS' COMPENSATION APPEALS BOARDATLAS TRANSFER AND STORAGE COMPANYREDWOOD FIRE & CASUALTY INSURANCESTAR INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESMEADOWBROOK INSURANCE GROUPFRANK ALLENPetition for ReconsiderationFirst Amended Joint Findings of FactAward & Orders
References
Case No. ADJ8246745
Regular
Dec 19, 2017

Tommy Martinez vs. Security Paving Company, The Hartford Insurance Company

This case concerns Tommy Martinez's workers' compensation claim against Security Paving Company. The Board granted reconsideration to amend the award, finding Martinez did not sustain a compensable psychiatric injury due to insufficient employment duration. However, the Board affirmed the finding of permanent total disability from his orthopedic injury, ruling it unapportionable and supported by substantial medical evidence independent of vocational reports. The dissenting opinion argues the vocational evidence and QME's opinion on total disability are not substantial, lacking clarity on work capacity due to industrial injury versus other factors.

WCABSecurity Paving CompanyThe Hartford Insurance CompanyTommy MartinezADJ8246745Petition for ReconsiderationFindings and Awardpermanent total disabilitycumulative trauma injuryshoulders
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. ADJ9032579
Regular
Oct 28, 2016

EDWARD DUARTE vs. HOFFMAN CONSTRUCTION COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADJUSTED BY AIG

This case involves Edward Duarte and his employer, Hoffman Construction Company, and their insurer. The Workers' Compensation Appeals Board issued an order dismissing a Petition for Removal previously filed by a petitioner. This dismissal occurred because the petitioner voluntarily withdrew the petition. Therefore, the appeal is concluded based on the withdrawal.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardHoffman Construction CompanyNational Union Fire InsuranceADJ9032579Oakland District OfficeAugust 22 2016 decisionwithdrawn petitionDeidre E. Lowe
References
Case No. ADJ9419247
Regular
Aug 09, 2016

GUADALUPE ALVAREZ vs. CITY WALL CONSTRUCTION, THE HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a prior order finding the applicant was not an employee of City Wall Construction. The applicant claimed a work injury to his back and foot, but the judge found his testimony regarding employment lacked credibility against the defendant's consistent testimony. The Board also rejected the applicant's request to reopen based on newly discovered evidence, as he failed to demonstrate due diligence in discovering and presenting this information at trial. Therefore, the applicant did not meet his burden of proof to establish an employer-employee relationship.

Workers' Compensation Appeals BoardGuadalupe AlvarezCity Wall ConstructionThe Hartford Insurance CompanyADJ9419247denial of reconsiderationindustrial injuryconstruction workeremployment statusnewly discovered evidence
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
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