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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ2021542 (LAO 0874590)
Regular
Feb 03, 2010

RAUL MURILLO vs. PARAGON SCHMID BUILDING PRODUCTS; TRAVELERS

This case involves an applicant's cumulative trauma claim where the defendant insurer, Travelers, sought to join Liberty Insurance Corporation and Insurance Company of the State of Pennsylvania as parties. The administrative law judge initially denied joinder due to an EAMS registration issue with the proposed carriers. The Appeals Board granted removal, rescinded the denial, and joined Liberty as a party defendant, finding its coverage period necessary for adjudication. However, Pennsylvania was not joined due to insufficient evidence regarding its necessity and potential coverage overlap.

RemovalOrder Denying JoinderPetition for Order Joining Party DefendantCumulative TraumaEAMSWCIRBNecessary PartyAdjudicationAdministrative ConvenienceLiberty Insurance Corporation
References
Case No. ADJ8905655
Regular
Nov 09, 2015

JAN MELLEMA vs. CHEVRON, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Zurich's Petition for Reconsideration and denied its Petition for Removal. Zurich sought reconsideration of an order joining it as a defendant, but the Board found that reconsideration is only available for final orders, not interlocutory ones like party joinder. While Zurich's petition was timely, the Board denied removal because Zurich failed to demonstrate substantial prejudice or irreparable harm from the joinder. The Board remanded the case for further proceedings to determine the correct parties.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalJoinder of Party DefendantInterlocutory OrderFinal OrderSubstantive RightIrreparable HarmDefective ServiceTimeliness
References
Case No. ADJ7106431
Regular
Sep 04, 2014

AGUSTINA RAMOS vs. MAINSTAY BUSINESS SOLUTIONS, SELF-INSURERS SECURITY FUND (SISF), METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration, rescinding an order that denied the Self-Insurers Security Fund (SISF) leave to join other potentially liable insurance carriers. This decision allows SISF to pursue contribution claims against State Compensation Insurance Fund, Zenith, and Castle Point National Insurance for benefits paid under a compromise and release settlement. The Board found that joinder proceedings can be initiated within one year after a settlement approval, consistent with contribution provisions under Labor Code section 5500.5. The case is returned to the trial level for the joinder of these parties.

Workers' Compensation Appeals BoardSelf-Insurers Security FundSISFcompromise and releaseLabor Code Section 5500.5contributionjoindersuccessive insurersapportionment of liabilitycumulative trauma
References
Case No. ADJ11101523
Regular
Aug 13, 2018

SUBHPREET GILL vs. JARNAIL SINGH, KING STAR EXPRESS, INC.

The Workers' Compensation Appeals Board granted defendant King Star Express's petition for removal, rescinding a prior order that denied the joinder of Total Quality Logistics LLC and Wish Farms LLC. The Board determined that if these entities are indeed joint employers, they are necessary parties for a full adjudication of the case. The matter was returned to the trial level for the Workers' Compensation Judge to address the joinder of these parties. This decision hinges on the degree of control Total Quality Logistics and Wish Farms exercised over the applicant's work, which is crucial for establishing an employment relationship.

Petition for RemovalJoinder of PartiesJoint EmployersIndependent ContractorSpecial EmployerGeneral EmployerDirection and ControlWorkers' Compensation Appeals BoardAdministrative Law JudgeLabor Code Section 5307.5
References
Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
Case No. ADJ7640191
Regular
Nov 23, 2020

GLORIA MARIN vs. TRI-STATE EMPLOYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LUMBERMAN'S UNDERWRITING ALLIANCE

The Workers' Compensation Appeals Board (WCAB) granted CIGA's petition for reconsideration, overturning a prior ruling that denied joinder of another employer. The WCAB held that Labor Code section 5804 does not prevent the joinder of additional parties or employers after a settlement, and CIGA is not attempting to alter a prior award. The case is returned to the trial level for joinder of all appropriate parties and further proceedings. The WCAB also clarified that CIGA's liability is limited by Insurance Code section 1063.1 and subsequent case law, which prohibits apportionment of liability between CIGA and other insurers for certain benefits.

CIGALumberman's Underwriting AllianceliquidationLabor Code section 5804joinderCompromise and Releaselien claimsother insurancecovered claimsapportionment
References
Case No. ADJ8514331
Regular
Sep 04, 2014

ANITA CARILLO vs. HAMPTON INN AND SUITES, ATHENS ADMINISTRATORS

The Appeals Board granted the defendant's Petition for Removal to join Hartford Insurance Company of the Midwest as a party defendant. This decision was based on the defendant's timely petition for contribution filed within one year of the Order Approving Compromise & Release. The Board found no statutory bar to joinder when a contribution petition is timely filed, even if it occurs after the initial settlement approval. The case is returned to the trial level to resolve issues regarding the joinder of CIGA and potential arbitration.

Petition for RemovalPetition for JoinderContributionLabor Code section 5500.5(e)Statute of LimitationsCompromise and ReleaseUllico Casualty Company liquidationCalifornia Insurance Guarantee Association (CIGA)Mandatory ArbitrationWorkers' Compensation Appeals Board (WCAB)
References
Case No. ADJ6542364
Regular
Sep 21, 2009

Denise Patterson Crumrine vs. SISKIYOU HOSPITAL INC., BERSHIRE HATHAWAY PASADENA, State Compensation Insurance Fund, Redwood Fire and Casualty Insurance Company

The Workers' Compensation Appeals Board granted reconsideration to State Fund. While affirming the joinder of State Fund as a party defendant, the Board rescinded the prior order requiring State Fund to reimburse Redwood Fire and Casualty Insurance Company for 25.48% of applicant benefits. This rescission was based on State Fund's due process rights, which were violated by the lack of opportunity for discovery and defense. The case is returned to the trial level for further proceedings consistent with due process and relevant Labor Code sections.

State FundRedwood Fire and CasualtyPetition for ReconsiderationOrder Joining Party DefendantDue ProcessDiscoveryContributionReimbursementJoinderWCJ
References
Case No. ADJ3910048 (VNO 0417016)
Regular
Jul 30, 2010

NAHID JAVADI vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH SYSTEMS WEST

This case involves an employer, Simi Valley Hospital/Adventist Health Systems West, seeking to prevent the joinder of AIG as a defendant in a workers' compensation claim. The employer argues it is permissibly self-insured and self-administered, and joining AIG, an excess carrier, would cause irreparable harm. The Appeals Board found that since there is no third-party administrator involved, the precedent relied upon for joinder is inapplicable. Consequently, the Board rescinded all orders joining AIG and returned the case to the trial level.

Workers' Compensation Appeals BoardPetition for RemovalJoinder of DefendantReinsurance CarrierExcess CarrierPermissibly Self-InsuredSelf-AdministeredIndustrial InjuryFindings and AwardPetition to Reopen
References
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