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Case Law Database

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

Case No. ADJ2046608 (VNO 0502368)
Regular
Mar 07, 2012

NOE PEREZ vs. HERRICK CORPORATION

The Workers' Compensation Appeals Board granted Herrick Corporation's Petition for Removal, rescinding a WCJ order. The Board is now intending to dismiss Herrick's Petition for Contribution against SCIF. This is because Herrick's contribution claim is barred by the one-year statute of limitations under Labor Code section 5500.5(e). The Order Approving Compromise and Release was dated August 31, 2006, and Herrick's petition was filed over two and a half years later.

Petition for RemovalContributionCarve-out JurisdictionLabor Code Sections 3201.53201.7State Compensation Insurance Fund (SCIF)Alexander BuggyCompromise and ReleaseArbitratorJoint and Several Award
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. LAO 0834414
Regular
Mar 03, 2008

NATASHA FANE vs. PRIME CLINICAL SYSTEMS, INC., EVEREST NATIONAL INSURANCE, ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Everest's petition for reconsideration, rescinded a prior order, and remanded the case for further proceedings to determine contribution liability between Everest and Argonaut. Argonaut's petition for reconsideration was dismissed as it was not a final order, but its petition for removal was granted, rescinding an improperly issued joinder order and issuing a new order joining Argonaut as a party defendant. The Board clarified that contribution proceedings under Labor Code section 5500.5(e) can be initiated after a settlement and that Argonaut, having been notified, may not be bound by prior evidentiary records.

Workers' Compensation Appeals BoardNatasha FanePrime Clinical SystemsInc.Everest National InsuranceArgonaut Insurance CompanyContributionLabor Code section 5500.5(b)Labor Code section 5500.5(e)Compromise and Release
References
Case No. ADJ6671169
Regular
Oct 16, 2013

Christian Fauria vs. Carolina Panthers, Great Divide Insurance Co., Berkley Specialty Underwriting Managers, LLC, Washington Redskins, ESIS Insurance, New England Patriots, Liberty Mutual Insurance Co., Travelers Indemnity Co., Golf Insurance Co., Seattle Seahawks

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding California jurisdiction over Christian Fauria's claim due to lack of "regular employment" in California, as defined by Labor Code Section 3600.5(a). The case was remanded to the trial level to determine if jurisdiction exists based on injuries sustained within California or if the contract of hire was made in California, as per Labor Code Section 5305. The WCAB also instructed the judge to address all issues, including apportionment and liability periods under Labor Code Section 5500.5. The decision highlights the need for substantial evidence to establish jurisdiction and injury contribution within the state.

Workers' Compensation Appeals BoardChristian FauriaProfessional AthleteIndustrial InjuryPermanent DisabilityFurther Medical TreatmentLabor Code Section 3600.5(a)Statute of LimitationsLabor Code Section 5500.5Jurisdiction
References
Case No. ADJ4403161
Regular
Apr 04, 2013

LORENA IBARRA vs. BOONE INTERNATIONAL, INTERCARE INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of a joint and several award against Boone International and its carrier. The Board adopted the WCJ's report, which found the petition for reconsideration was not properly verified and lacked merit. The WCJ concluded that defendant Select Personnel and its carrier were properly included in the joint and several award under Labor Code § 5500.5(c), as they were joined as parties before the applicant's election against Boone International. The Board affirmed that Select's rights to contribution proceedings under Labor Code § 5500.5(e) remain available.

Workers' Compensation Appeals BoardContinuous TraumaJoint and Several AwardLabor Code § 5500.5Petition for ReconsiderationStipulation with Request for AwardDue ProcessApportionment of LiabilityRight of ContributionEmployer Joinder
References
Case No. ADJ9455453 ADJ9455451
Regular
Aug 17, 2018

RICHARD YUBETA vs. WEATHERBY FURNITURE, HARTFORD INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES, AMERICAN ALTERNATIVE INSURANCE CORPORATION, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level. The Board found the WCJ's determination of a new, unpled cumulative injury and its associated date of injury questionable. Specifically, the medical evidence, particularly from Dr. Schaffzin, leans towards a single cumulative injury rather than two separate ones. If a second cumulative injury is found on remand, the WCJ must re-evaluate the Labor Code section 5412 date of injury and the LC 5500.5 liability period based on actual disability and knowledge of the injury.

WCABReconsiderationCumulative InjuryDate of InjuryLabor Code 5412Labor Code 5500.5DisabilityWage LossMedical TestimonyDepositions
References
Case No. ADJ857793 (VNO 550289)
Regular
Apr 21, 2009

OLIVIA SOSA vs. NUPLA CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY

This case involves a dispute over industrial injury dates and liability apportionment under California Labor Code § 5500.5. The Workers' Compensation Appeals Board (WCAB) rescinded the administrative law judge's (WCJ) findings of fact due to lack of substantial evidence regarding the date of injury. The WCAB also clarified that § 5500.5 mandates a joint and several award for an injured worker, but the ultimate liability of each defendant is determined in a separate contribution proceeding. The case was returned to the trial level for further proceedings consistent with these guidelines.

Workers' Compensation Appeals BoardCumulative TraumaLabor Code Section 5500.5Joint and Several LiabilityContribution ProceedingDate of InjurySubstantial EvidenceDue ProcessElection of DefendantReconsideration
References
Case No. ADJ6824732
Regular
Sep 06, 2012

SHEILA CORREIA, KENNETH BURNETT (Deceased) vs. VERIZON COMMUNICATIONS, AMERICAN HOME ASSURANCE COMPANY, CHARTIS, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a deceased worker, Kenneth Burnett, diagnosed with mesothelioma due to asbestos exposure. The sole issue was determining the date of last injurious exposure to establish liability. The Workers' Compensation Appeals Board denied reconsideration of the judge's decision. The judge found the applicant's medical expert's opinion on a five to ten-year latency period to be more persuasive than the defendant's expert's twenty-year period. This led to a finding that the decedent's last injurious asbestos exposure occurred between 1996 and 2001, during his employment with Verizon.

MesotheliomaLatency PeriodAsbestos ExposureDate of Last Injurious ExposureLC §5500.5LC §5412Verizon CommunicationsSedgwick Claims Management ServicesDr. LurosDr. Raybin
References
Case No. ADJ7796275
Regular
Sep 01, 2015

MORTEN ANDERSEN vs. NEW ORLEANS SAINTS, Atlanta Falcons, New York Giants, Kansas City Chiefs, Minnesota Vikings

The Workers' Compensation Appeals Board (WCAB) affirmed California's subject matter jurisdiction over Morten Andersen's cumulative injury claim as a professional athlete, due to sufficient work performed in the state. However, the WCAB rescinded the prior finding that liability related back to the New Orleans Saints, Andersen's first employer. This was because Labor Code section 5500.5 mandates liability be allocated to employers during the year preceding the last date of injurious exposure, and the Saints did not employ Andersen during that period. The case was returned to the trial level to join subsequent employers and properly allocate liability under section 5500.5.

Workers' Compensation Appeals BoardSubject Matter JurisdictionIndustrial InjuryProfessional AthleteCumulative InjuryRelation Back DoctrineLabor Code Section 5500.5EmployersLiability AllocationInjurious Exposure
References
Case No. ADJ6987253 ADJ5768983
Regular
Nov 22, 2019

MICHAEL PARKER vs. TRI-CITY MEDICAL CENTER, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves petitions for reconsideration by Tri-City Medical Center and Travelers Property Casualty Company of America regarding an award for a January 7, 2008 injury. Tri-City sought to implead Travelers for contribution, arguing the 2004 injury contributed to the award. The Board denied reconsideration, finding contribution issues between separate injury dates are not subject to mandatory arbitration under LC 5500.5. The Board also upheld the WCJ's use of mandated commutation tables for attorney fees and found Travelers was not prejudiced by the decision concerning only the 2008 injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent Total DisabilityJoint and Several LiabilityReimbursementCommutationAttorney's FeesLife Expectancy DataMRSA Infection
References
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