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

Case No. ADJ8739571
Regular
Dec 11, 2015

MARVIN BENARD vs. SAN FRANCISCO GIANTS, ACE INSURANCE COMPANY, U.S. FIDELITY AND GUARANTY INSURANCE COMPANY

In this workers' compensation case, the Appeals Board reversed the WCJ's decision, finding the applicant's claim was not barred by the statute of limitations. The Board determined the defendant failed to meet its burden of proving the applicant had actual knowledge of his workers' compensation rights more than one year before filing his claim. Crucially, the defendant did not provide notice of these rights, and the applicant's knowledge of his injury's industrial cause did not equate to knowledge of his rights to benefits. Therefore, the case was returned for further proceedings.

Cumulative traumaStatute of limitationsDate of injuryKnowledge of rightsTollingAffirmative defenseReconsiderationBurden of proofProfessional athleteNotice of rights
References
Case No. ADJ10425864, ADJ7159539
Regular
Dec 24, 2018

GHASSAN MOSRIE vs. CHURCH OF THE CHIMES, GUIDEONE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior finding that the applicant's 2008 injury claim was barred by the statute of limitations. The Board determined that imputed knowledge from the applicant's attorney does not constitute actual knowledge for tolling purposes. The employer's failure to provide statutory notice of rights, coupled with the applicant's lack of actual knowledge, prejudiced the applicant. Therefore, the Board found the applicant's claim for the November 8, 2008 injury is not barred by the statute of limitations, deferring other issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsTollingClaim FormNotice of Potential EligibilityWaiverMandatory Settlement ConferenceAffirmative DefenseActual Knowledge
References
Case No. ADJ6937263
Regular
Sep 09, 2014

PAUL ESCUDERO vs. CISCO SYSTEMS, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Cisco Systems' petition for reconsideration, upholding the finding that the applicant's claim was not barred by the statute of limitations. The Board adopted the WCJ's reasoning that Cisco failed to prove the applicant had actual knowledge of his workers' compensation rights. Specifically, the employer did not provide legally required notices, and the applicant's vague consultation with a civil attorney did not constitute sufficient actual knowledge to start the statute of limitations. The Board also noted that actual knowledge cannot be imputed solely by an employee's representation by counsel.

Statute of limitationsTollingActual knowledgeWorkers' compensation rightsEmployer noticeCivil attorneyImputed knowledgePetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative law judge
References
Case No. ADJ7109517
Regular
May 05, 2011

DWAYNE RUDD vs. OAKLAND RAIDERS AND ACE/USA, Administered by ESIS, TAMPA BAY BUCCANEERS, Permissibly Self-Insured, Administered by NOVA PRO RISK SOLUTIONS

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision and found applicant Dwayne Rudd's claim barred by the statute of limitations. Despite the WCJ finding defendants estopped to assert the defense due to notice violations, the Board determined Rudd possessed actual knowledge of his workers' compensation rights. This knowledge was evidenced by his signing of a DWC-1 form and retaining multiple law firms to pursue prior, dismissed claims for the same cumulative trauma injury. Therefore, the Board concluded there was no prejudice from the lack of notice, and the claim was untimely.

Workers' Compensation Appeals BoardDwayne RuddOakland RaidersACE/USATampa Bay BuccaneersNova Pro Risk Solutionsindustrial cumulative traumaprofessional football playerstatute of limitationsestoppel
References
Case No. ADJ8739181
Regular
Sep 19, 2018

JOHN JOAQUIN (deceased), JENNIFER JOAQUIN, individually and as Guardian Ad Litem for ANNAMARIE JOAQUIN, MAKAHLAH LYNN JOAQUIN, IZABEL TRINITY JOAQUIN vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by YORK

This case concerns a deceased worker's family seeking increased compensation due to alleged serious and willful misconduct by the employer, San Diego Unified School District. The WCAB affirmed the judge's finding that the employer did not engage in serious and willful misconduct, as the employer's actions were deemed a mistake in judgment rather than intentional disregard of danger. The Board also upheld the exclusion of evidence regarding a subsequent remedial measure taken by the employer. A dissenting opinion argued that the employer's decision to send the employee to a dangerous roadside repair location demonstrated reckless disregard for safety, warranting a finding of serious and willful misconduct.

Serious and willful misconductLabor Code section 4553Mercer-Fraser Co.subsequent remedial measureEvidence Code section 1151roadside repairdangerous conditionreckless disregardJohns-Manville Sales Corp.Hawaiian Pineapple Co.
References
Case No. ADJ9761409, ADJ10946911
Regular
Sep 11, 2018

ANGELA COLE vs. MARCONI CONFERENCE CENTER, STATE COMPENSATION INSURANCE FUND, AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior finding that SCIF was solely liable for applicant's cumulative injury. The Board determined the correct Labor Code section 5412 date of injury was December 10, 2014, based on the concurrence of disability and knowledge of its industrial nature. Consequently, the Labor Code section 5500.5(a) liability period is the year preceding that date, making American Insurance Company, the carrier during that period, solely liable for compensation. The Board rescinded the prior award and issued a new decision and award against American Insurance Company.

Labor Code section 5500.5Labor Code section 5412cumulative injurydate of injurydisabilityknowledgeliability periodconcurrent disability and knowledgetemporary disabilitypermanent disability
References
Case No. ADJ3445477
Regular
Jan 16, 2009

Deborah Newell vs. Ford Construction Company

The WCJ found that Dennis Newell's death was caused by Ford's failure to provide a safe workplace. Both the applicant and Ford sought reconsideration, which was denied.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code sections 6400 et seq8 Cal. Code Regs. 50428 Cal. Code Regs. 5002ForemanIndustrial InjuryDeath BenefitSafe Place to WorkExecutive Knowledge
References
Case No. SAC 280551
Regular
Jul 10, 2007

JANET STROTH vs. ELK GROVE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an applicant teacher who sustained an industrial injury from a violent student. The Workers' Compensation Appeals Board initially awarded increased compensation for serious and willful misconduct by the employer, finding the employer knew of the student's violent propensities. However, the Court of Appeal annulled this award, holding that while the employer knew of the danger, there was insufficient evidence of a deliberate failure to act for the applicant's safety. Consequently, the Appeals Board has rescinded its prior decision and denied the serious and willful misconduct claim, returning the matter for further proceedings.

Serious and willful misconductRemittiturCourt of AppealEmployer's knowledgeDangerous conditionDeliberate failure to actTeacher injuryStudent misconductSchool bus incidentCompromise and release
References
Case No. SJO 0227040
Regular
Nov 15, 2007

LISA HOLDERMAN vs. COUNTY OF SANTA CLARA/SOCIAL SERVICES AGENCY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no serious and willful misconduct by the employer. While the employer had knowledge of a dangerous condition involving lifting a disabled child's wheelchair, their actions, including requests for a specialized van, were deemed a grossly careless omission rather than the deliberate, quasi-criminal conduct required for serious and willful misconduct. Consequently, the applicant is not entitled to the 50% increase in compensation previously awarded.

Workers' Compensation Appeals Boardserious and willful misconductLabor Code section 4553Petition for ReconsiderationFindings and Awardchildren's counselor/aideindustrial injuryleft shoulderright footspine
References
Case No. ADJ16246113
Regular
Sep 15, 2025

ELMER HERNANDEZ vs. TACO BELL, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANIES

This case involves a defendant's petition for reconsideration and removal concerning an order compelling discovery of market rate guidelines and the identity of a knowledgeable person. The Appeals Board dismissed the reconsideration petition, deeming it untimely and from a non-final order, and denied the removal petition. The Board found the defendant failed to establish attorney work-product privilege, as no attorney asserted the privilege and no evidence demonstrated the guidelines were attorney work-product. Finally, the defendant waived its argument regarding the knowledgeable person by failing to adequately brief the issue.

Cost petitionerAttorney work productMarket rate guidelinesPerson most knowledgeablePetition for reconsiderationPetition for removalFindings and OrderWCJSubstantial prejudiceIrreparable harm
References
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