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

Case No. ADJ8840014
Regular
Mar 27, 2017

CHARLES LOPEZ vs. JLJ TRUCKING, INCORPORATED, SPARTA INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied JLJ Trucking's petition for reconsideration, affirming the finding of 100% permanent disability for applicant Charles Lopez due to an admitted industrial injury. The Board found substantial medical evidence, including multiple surgeries, ongoing pain, sleep disturbance, and limitations on sitting, supports the total permanent disability finding. Applicant's vocational expert's opinion, considering work restrictions and pain, also substantiated the conclusion that Lopez is unable to work and has lost earning capacity. A dissenting opinion argued that Agreed Medical Examiners' findings and applicant's vocational expert's report did not adequately support total permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardpermanently disabledindustrial injuryvocational expertsubstantial evidenceAgreed Medical Examinersneck injuryheadaches
References
Case No. ADJ8859169
Regular
Jun 23, 2015

ERNESTO SALAZAR vs. BOONE TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant, Ernesto Salazar, sought reconsideration of a prior decision that deemed him an independent contractor. The Appeals Board rescinded the prior ruling and found Salazar to be an employee of Boone Trucking, Inc. The Board emphasized Boone Trucking's right to control Salazar's work, including daily instructions on assignments, hours, locations, and pay. Furthermore, Salazar was required to use defendant's equipment and follow specific invoicing protocols, indicating his integral role in the company's regular business.

Independent ContractorEmployeeRight to ControlBorello factorsTruck DriverBoone TruckingWorkers' Compensation Appeals BoardReconsiderationFindings and OrderLabor Code
References
Case No. ADJ800751 (VNO 0554673)
Regular
May 24, 2012

RUBEN KESHISHIAN vs. PROGRESS RAIL SERVICE/VIC'S TRUCKING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Ruben Keshishian was employed as a truck driver by Progress Rail Service on August 30, 2007. This finding was supported by the WCJ's analysis under the *Borello* factors, which the Board adopted. The decision was further supported by cited cases from the California Supreme Court and appellate courts. Therefore, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedEmployment StatusTruck DriverS.G. Borello & SonsLiberty Mutual InsuranceProgress Rail ServiceVic's TruckingWCJ OpinionAdministrative Law Judge
References
Case No. ADJ10509688
Regular
May 02, 2018

FRANCISCO HERNANDEZ vs. KVS TRUCKING, Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY

State National Insurance Company (SNIC) sought removal of a WCJ's order scheduling a Mandatory Settlement Conference to determine the identity of the applicant's employer and SNIC's policy coverage. SNIC argued this would cause prejudice and irreparable harm. The WCAB denied the petition, finding that removal is an extraordinary remedy requiring a showing of significant harm, which SNIC failed to demonstrate. The WCAB affirmed the WCJ's decision, allowing the parties to proceed with resolving the employer identity issue.

Uninsured employerUninsured Employers Benefit Trust FundIdentity of employerPetition for RemovalMandatory Settlement ConferenceIndustrial injuryTruck driverCoverage determinationPrejudiceIrreparable harm
References
Case No. ADJ8610560
Regular
Sep 19, 2013

William Brown (Deceased), Annette Brown vs. SAVE MART SUPERMARKETS

This case involves a widow's petition for workers' compensation death benefits for her truck driver husband who died in a motorcycle accident after leaving work. The administrative law judge denied the claim, finding it barred by the going and coming rule. The applicant argued the special risk exception applied due to hazardous road conditions and a quantitatively greater risk compared to the general public. The majority of the Appeals Board denied reconsideration, agreeing with the WCJ that the risks were not exclusive to employment.

Going and Coming RuleSpecial Risk ExceptionDeath BenefitsMotor Vehicle AccidentIndustrial InjuryTruck DriverNegligencePublic RoadZone of DangerHazard
References
Case No. ADJ8816011
Regular
Oct 08, 2020

NORMAN MARTELL vs. DALTON TRUCKING, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Appeals Board granted reconsideration on defendant's petition regarding the date of cumulative trauma injury. The WCJ previously found applicant sustained a back injury but not a psychological injury. Defendant argued the WCJ erred by relying on an outdated medical report and that the claim is time-barred. The Board rescinded the prior award and returned the case to the trial level for further proceedings and a new decision specifically on the date of cumulative trauma injury. The Board expressed no final opinion on substantive issues, allowing for further reconsideration after a new decision.

Workers' Compensation Appeals BoardNorman MartellDalton Trucking Inc.Redwood Fire and Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesADJ8816011Opinion and Decision After ReconsiderationFindings and AwardWorkers' Compensation JudgeWCJ
References
Case No. AHM 144623
Regular
Apr 25, 2008

GARY WARD vs. GARDNER TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves Gary Ward as the applicant and Gardner Trucking and its insurer as defendants. The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of a prior decision. All future communications regarding this matter must be directed to the WCAB's Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationReconsideration UnitGardner TruckingNational Interstate InsuranceGary WardApplicantDefendantOpinion and OrderDecision After Reconsideration
References
Case No. ADJ6680977
Regular
Jan 25, 2011

DALVIR SINGH vs. YRE TRUCKING, UEBTF, TRANSGUARD INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted Transguard Insurance Company's petition for removal, rescinding the order joining Transguard as a defendant. Transguard correctly argued it was not YRE Trucking's workers' compensation insurer and had no liability for workers' compensation benefits. The applicant's claim for workers' compensation benefits stemmed from an alleged employment relationship, while Transguard's policy covered independent contractors. The WCAB determined it lacked jurisdiction over Transguard's accident insurance policy and therefore could not properly join Transguard as a party.

Petition for RemovalTransguard Insurance CompanyYRE TruckingUninsured Employers Benefits Trust Fundindependent contractoremployeeworkers' compensation insureraccident insuranceindustrial injuryWCAB jurisdiction
References
Case No. ADJ4350009 (GOL 0097400) ADJ1 791515 (GOL 0097890)
Regular
Sep 30, 2014

NED PATTIZ vs. MTC TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

In *Pattiz v. MTC Trucking, Inc.*, the defendant sought reconsideration of a July 15, 2014 decision. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration. This action was taken to allow for further study of the factual and legal issues and to ensure a just and reasoned decision. All further filings must now be submitted in writing to the WCAB Commissioners' office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System
References
Case No. ADJ10093064, ADJ8572037, ADJ7692577
Regular
Nov 10, 2015

ALFREDO ALCALA RUIZ vs. GARDNER TRUCKING, INC., NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing a Petition for Removal. The petitioner voluntarily withdrew the petition seeking removal of a September 18, 2015 decision. Consequently, the WCAB formally dismissed the removal petition. This action pertains to consolidated cases involving applicant Alfredo Alcala Ruiz and defendants Gardner Trucking, Inc. and National Interstate Insurance.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardGardner TruckingNational Interstate InsuranceADJ10093064ADJ8572037ADJ7692577Los Angeles District Office
References
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