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

Case No. ADJ2789507 (VNO 0455132)
Regular
Jun 15, 2012

JOSE GUADALUPE FLORES vs. HARBOR RAIL TRANSPORTATION, U.S. FIDELITY \u0026 GUARANTY CORPORATION

This Workers' Compensation Appeals Board case, involving applicant Jose Guadalupe Flores against Harbor Rail Transportation and its insurer, is being reconsidered. Both the applicant and defendant petitioned for review of a prior decision. The Board granted reconsideration to allow further study of the factual and legal issues, aiming for a just and reasoned decision. All future communications must be filed in writing with the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationFactual IssuesLegal IssuesJust DecisionReasoned DecisionFurther ProceedingsCommissionersSan Francisco
References
Case No. ADJ9778324
Regular
Nov 08, 2017

JAIRO RAMOS vs. JTS JOSE TREE SERVICE, INC., JOSE MIGUEL SOTO, DANIEL SOTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a workers' compensation claim where the applicant sustained an admitted industrial injury. The primary issue is determining the identity of the employer(s), with allegations of joint ownership/operation between JTS Jose Tree Service, Inc., Jose Miguel Soto, and Daniel Soto. Jose Soto's petition for reconsideration was dismissed as untimely and procedurally deficient. Daniel Soto's petition was granted because the original findings lacked evidentiary support and the record required further development regarding employment status and potential licensing issues. The case is remanded to the trial level for further proceedings.

Workers Compensation Appeals BoardJTS Jose Tree ServiceJose Miguel SotoDaniel SotoUninsured Employers Benefits Trust FundFindings of FactOrder of DeferralPetition for ReconsiderationJoint EmployersSubstantial Shareholder
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. ADJ10174029
Regular
Jan 19, 2018

JOSE FLORES vs. CITY OF PASADENA

This case involves a petition for reconsideration by the defendant, City of Pasadena, concerning a workers' compensation award to Jose Flores. While some issues raised in the petition involved non-final orders, the finding of injury arising out of and in the course of employment was a final order, thus allowing the Appeals Board to review all issues. The Board adopted the WCJ's report and reasoning. Consequently, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterim Procedural OrdersFinding of InjuryCourse of EmploymentDeferred IssuesLabor Code Section 3600(a)(10)WCJ ReportGrant of Reconsideration
References
Case No. ADJ10229956
Regular
Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee
References
Case No. ADJ8868628
Regular
Aug 15, 2013

JOSE ESCOBREDO vs. IL FORNAIO

In case ADJ8868628, the applicant, Jose Escobredo, filed a petition for removal against defendant Il Fornaio. The petitioner subsequently withdrew the petition for removal. Therefore, the Workers' Compensation Appeals Board has dismissed the petition. No further action will be taken on this matter.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ8868628Anaheim District OfficeJose EscobredoIl FornaioOrder DismissingPetitioner
References
Case No. ADJ2285767
Regular
Oct 23, 2013

JOSE CORRALES vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Jose Corrales' Petition for Reconsideration. The Board adopted the reasoning of the Workers' Compensation Judge's report, which was not provided. This order means Corrales' prior request for a review of a decision was unsuccessful. The denial was issued on October 23, 2013.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWorkers' Compensation Administrative Law JudgeReport of WCJAdopt and IncorporateCity of Los AngelesPermissibly Self-InsuredADJ2285767LAO 0764751Jose Corrales
References
Case No. ADJ620397 (RIV 0056438)
Regular
Jan 24, 2012

IGNACIO FLORES vs. FLEETWOOD ENTERPRISES, INC.

The Workers' Compensation Appeals Board (WCAB) imposed a $\$500$ sanction against Andrew Flores and Tustin Hospital and Medical Center, jointly and severally. This sanction was due to their filing of a frivolous petition with improper legal citations. Furthermore, they repeatedly failed to appear at scheduled hearings for the case. Neither party responded to the WCAB's notice of intention to issue sanctions. Consequently, the sanctions are ordered for their bad faith actions and tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLab. Code § 5813Frivolous PetitionImproper CitationsFailure to AppearBad Faith ActionsLien ClaimantTustin Hospital and Medical Center
References
Case No. ADJ4349754 (OXN 0124391)
Regular
Feb 08, 2013

JOSE TOSTADO vs. JM SMUCKER COMPANY, BROADSPIRE

Defendant JM Smucker Company seeks reconsideration of an award granting applicant Jose Tostado a 25% penalty for delayed life pension benefits and attorney fees. The defendant also contests sanctions imposed by the WCJ for bad faith tactics under Labor Code section 5813. The Board denied reconsideration, affirming the WCJ's finding of unreasonable delay in benefit payment. However, the Board remanded for a new Notice of Intention to Sanction due to procedural deficiencies in identifying the party to be sanctioned.

Workers' Compensation Appeals BoardJM Smucker CompanyBroadsopireJose TostadoFindings AwardSanctionsLabor Code Section 5813Bad Faith TacticsDue ProcessPetition to Reopen
References
Case No. ADJ7392391
Regular
Sep 21, 2012

JOSE PENA vs. PACIFIC COAST BUILDING, CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board (WCAB) has dismissed Jose Pena's petition for removal. The WCAB reviewed the petition and the administrative law judge's report, finding sufficient grounds for dismissal. Pena's supplemental pleading did not alter this decision. Consequently, the petition for removal is officially dismissed.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSupplemental PleadingCal. Code Regs.tit. 8§ 10848ADJ7392391Oakland District Office
References
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