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

Case No. LBO 339165
Regular
Aug 28, 2007

ROBERT GILES vs. FILM PAYMENT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, BROADSPIRE, KELLEY PRODUCTIONS, INC., FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded a prior finding, remanding the case to determine if the Fireman's Fund policy constitutes "other insurance" under Insurance Code section 1063.1(c)(9) for the applicant's injury. The Board rejected the application of collateral estoppel based on a prior appellate decision, finding that the specific facts and intent of the parties regarding coverage must be evaluated anew. This allows for a full development of the evidentiary record to address CIGA's liability and Fireman's Fund's coverage for the applicant's injuries.

CIGALegion Insurance CompanyFireman's Fund Insurance CompanyKelley ProductionsInc.Film Payment ServicesRobert Gilesother insurancecovered claimInsurance Code section 1063.1(c)(9)
References
Case No. ADJ621008 (MON 0291717)
Regular
Sep 05, 2012

WILLIAM KEY vs. PRODUCTION PROCESSING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, LEGION INSURANCE COMPANY, STONE STANLEY PRODUCTIONS, ST. PAUL TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where the California Insurance Guarantee Association (CIGA), covering Legion Insurance, seeks reconsideration of an arbitrator's award. The arbitrator found both CIGA and Travelers, insurer for the special employer, jointly liable for the applicant's injury and ordered Travelers to reimburse CIGA for all benefits paid since Legion's liquidation. CIGA contested being required to continue administering medical treatment and the denial of pre-judgment interest from Travelers. The Board granted reconsideration to amend the award, ordering Travelers to administer future medical treatment, but affirmed the denial of pre-judgment interest to CIGA.

CIGALegion InsuranceProduction ProcessingStone Stanley ProductionsSt. Paul TravelersWilliam Keyindustrial injurylow backliquidationother insurance
References
Case No. ADJ6784736
Regular
May 24, 2010

CYNTHIA ARMANDO vs. ENDODONTIC ASSOCIATES CORP., TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an order compelling production of claims file documents. However, the Board granted removal, rescinded the original order, and issued a new order. The new order requires the defendant to produce non-privileged portions of the claims file and witness statements, and to describe any privileged documents separately. The Board also clarified that statutory privilege provisions, including attorney work product, are applicable in workers' compensation proceedings.

Petition for RemovalPetition for ReconsiderationClaims Investigation FileAttorney Workproduct PrivilegeWitness StatementsInterim OrderSignificant PrejudiceIrreparable HarmAbsolute Work ProductQualified Work Product
References
Case No. ADJ9426494
Regular
Jun 10, 2015

BARBARA SWENSON vs. COMPASS HEALTH, MURPHY AND BEANE, INC.

In this Workers' Compensation Appeals Board case, the applicant sought interview transcripts and statements of defense witnesses. The judge initially ordered the defendant to produce all such materials. The defendant petitioned for removal, arguing the order was overbroad and violated due process by failing to account for work product and attorney-client privilege. The Appeals Board granted the petition for removal, amending the original order. The amended order requires the defendant to provide requested materials, excluding those protected by privilege, for which a privilege log must be filed.

Petition for RemovalInterview TranscriptsWitness StatementsWork ProductAttorney-Client PrivilegePrivilege LogDue ProcessOverbroad OrderAppeals BoardWCJ
References
Case No. ADJ6906050 ADJ6906051
Regular
Jan 07, 2020

IRMA OCHOA vs. ALUMINUM PRECISION PRODUCTS, XL INSURANCE; INDEPENDENT FORGE, REDWOOD FIRE & CASUALTY INSURANCE COMPANY, c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case affirmed a previous award finding Aluminum Precision Products liable for the applicant's workers' compensation claim. Although symptoms manifested at both employers, Labor Code section 5500.5 dictates liability falls solely on the employer with the last year of injurious exposure. The Appeals Board adopted the judge's report, incorporating its reasoning to support this conclusion. Therefore, the prior award against Aluminum Precision Products was upheld.

Labor Code section 5500.5last year of injurious exposureemployer liabilityworkers' compensationReconsiderationOpinion and DecisionJoint Findings Award and OrderAFFIRMEDWCJ reportfactual and legal issues
References
Case No. SDO 0328208
Regular
Mar 17, 2008

ARMANDO ADAME vs. AUTOMOTIVE ENGINEERED PRODUCTS, INC. (dba JBA HEADERS), ZENITH INSURANCE COMPANY

The Appeals Board clarified that for Labor Code section 4656(c)(1) purposes, the commencement of temporary disability payments is the date the employer first mails a temporary disability indemnity check, not when EDD benefits begin. Furthermore, EDD benefits, even if reimbursed by the employer, do not count towards the 104-week cap on temporary disability payments. Consequently, the employer's liability for further temporary disability payments extends from the date of the first actual indemnity payment until October 6, 2007.

Workers Compensation Appeals BoardArmando AdameAutomotive Engineered ProductsZenith Insurance CompanyLabor Code section 4656(c)(1)Temporary Total DisabilityTemporary Disability IndemnityEmployment Development DepartmentUnemployment Compensation DisabilityHawkins v. Amberwood Products
References
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
Case No. ADJ7148345
Regular
Mar 04, 2011

MICHAEL KELLEY vs. GREEN WASTE CONNECTIONS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Michael Kelley's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if it had been verified, the petition would have been denied on its merits based on the administrative law judge's report. Therefore, the petition is formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenial on the MeritsADJ7148345Green Waste Connections
References
Case No. ADJ891020 (VNO 0432591) ADJ1599945 (VNO 0432592)
Regular
Mar 27, 2015

SILVIA MANN vs. ODIN PRODUCTIONS, INC., NORTH AMERICAN SPECIALTY INSURANCE COMPANY

In Silvia Mann v. Odin Productions, Inc. et al., the Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration. This action is being taken due to statutory time constraints and a preliminary review suggesting further study of the case's factual and legal issues is necessary. The WCAB seeks a complete understanding to issue a just decision and will allow for further proceedings as appropriate. All communications regarding this petition must be filed directly with the WCAB Commissioners' office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardOdin ProductionsInc.North American Specialty Insurance CompanyADJ891020ADJ1599945Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ9354274
Regular
Mar 08, 2017

MARIA RODRIGUEZ vs. VISTA INDUSTRIAL PRODUCTS, STAR INSURANCE COMPANY, MIDWEST INSURANCE AGENCY, LLC

This case involves an applicant, Maria Rodriguez, and defendants Vista Industrial Products and their insurer. The applicant's Petition for Removal was denied by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the reasoning of the administrative law judge, finding no substantial prejudice or irreparable harm that would justify removal. The WCAB also determined that reconsideration would be an adequate remedy if an adverse decision were to occur. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeWCJ ReportExtraordinary RemedyADJ9354274Vista Industrial Products
References
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