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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ2497883 (SFO 0450940) ADJ3261393 (SFO 0504693)
Regular
Apr 30, 2010

JANETTE HARDIN vs. COUNTY OF ALAMEDA, SEDGWICK CLAIMS MANAGEMENT SERVICES, CHARTIS INSURANCE, TRISTAR RISK MANAGEMENT

This case involves Chartis Insurance seeking reconsideration of an arbitrator's decision setting the date of cumulative trauma injury for Janette Hardin's breast cancer as May 28, 1997, not the previously stipulated date of May 16, 2001. Chartis argued the stipulated date was res judicata and could not be altered, especially in a contribution proceeding. The Workers' Compensation Appeals Board denied the petition, affirming that contribution proceedings allow for a relitigation of liability and the determination of the true date of injury based on facts, not prior stipulations between the applicant and one defendant. The Board reasoned that findings of liability in the primary case are not binding in supplemental contribution proceedings.

Cumulative traumaDate of injuryContribution proceedingsRes judicataStipulated awardLabor Code section 5500.5Apportionment of liabilityCase-in-chiefSupplemental proceedingsGreenwald v. Carey Distribution Company
References
Case No. ADJ120949 (LBO 0345949)
Regular
Mar 28, 2011

RON CURTIS vs. C.J. SEGERSTROM & SONS, AMERICAN CLAIMS MANAGEMENT FOR EVEREST NATIONAL INSURANCE, AMERICAN SAFETY CASUALTY COMPANY

This case concerns American Safety Casualty Company's petition for reconsideration of an arbitrator's decision regarding contribution. The arbitrator found that Everest National Insurance Company timely instituted contribution proceedings based on a subsequent Compromise and Release Agreement that redefined the cumulative trauma injury dates. American argued that a prior, rescinded award determining earlier injury dates should control, but the Board affirmed the arbitrator's conclusion that the rescission rendered the prior finding void. The Board clarified that this decision only addresses the timeliness of contribution proceedings, not final liability, allowing for further litigation.

Workers' Compensation Appeals BoardCumulative Trauma ClaimContribution ProceedingsArbitrator's Findings and AwardCompromise and Release AgreementDate of Cumulative Trauma InjuryLabor Code Section 5500.5Rescinded Findings and AwardStatus Quo AntePetition for Reconsideration
References
Case No. ADJ1009271 (AHM 0055424)
Regular
Apr 27, 2009

MYRNA PEREZ vs. FIDELITY FEDERAL BANK, TIG SPECIALTY INSURANCE CO., REM, LTD, GOLDEN EAGLE

This case concerns a contribution dispute between two insurance carriers, TIG and Golden Eagle, for a cumulative trauma injury claim. Golden Eagle sought reconsideration of an order compelling it to pay over $\$101,000$ in contribution to TIG. Golden Eagle argued it was never properly served with a notice of intention and that Labor Code section 5275 mandates arbitration for contribution disputes. The Appeals Board agreed that mandatory arbitration applies, rescinded the order, and remanded the case for either informal resolution or arbitration.

Workers' Compensation Appeals BoardOrder of ContributionPetition for ReconsiderationLabor Code section 5275mandatory arbitrationContributionCumulative Trauma InjuryCompromise and Release AgreementPetition for ContributionNotice of Intention
References
Case No. ADJ2148527 (MON 0299703)
Regular
Dec 05, 2008

RAMON RAMOS vs. MALCOLM DRILLING CO. INC., REPUBLIC INDEMNITY CO. OF AMERICA, STATE COMPENSATIONN INSURANCE FUND

This case concerns State Compensation Insurance Fund's (SCIF) challenge to an arbitrator's award of contribution to Republic Indemnity Company of America (Republic) for applicant Ramon Ramos' cumulative trauma injury. SCIF argued Republic lacked standing, the claim was time-barred, and SCIF's liability was improperly calculated. The Appeals Board granted reconsideration to adjust SCIF's contribution percentage, limiting SCIF's liability to its actual coverage period from January 24, 2001, through December 31, 2001.

Workers' Compensation Appeals BoardRepublic IndemnityState Compensation Insurance FundMalcolm Drilling CompanyRamon Ramoscumulative traumacontributionArbitrator's Findings and AwardPetition for Contributionstanding
References
Case No. ADJ6697300
Regular
Aug 31, 2015

Lorenzo Yanez vs. Universal Label Printers, Sparta Insurance Company, Employers Compensation Insurance Company

This case involves an insurance dispute over contribution liability for a workers' compensation claim. The applicant, Lorenzo Yanez, sustained an injury while employed by Universal Label Printers, with coverage from Sparta Insurance Company and Employers Compensation Insurance Company. A Compromise and Release (C&R) agreement was approved, which included an addendum purportedly allocating liability between Sparta (17%) and Employers (87%). Sparta sought to enforce this addendum for reimbursement, but the trial judge denied their petition, finding a lack of jurisdiction due to no separate petition for contribution being filed within the statutory one-year period. The Appeals Board granted reconsideration, finding continuing jurisdiction to enforce the C&R and its addendum under Labor Code section 5803, and returned the matter to the trial judge to determine the enforceability and terms of the addendum.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCompromise and ReleaseOrder Approving Compromise and ReleasePetition for ContributionLabor Code Section 5500.5Continuing JurisdictionLabor Code Section 5803Apportionment of Liability
References
Case No. ADJ1988743 (OAK 0328856)
Regular
Aug 10, 2012

JAMES KENDALL (Deceased) vs. OPENWAVE SYSTEMS, INC., AMERICAN PROTECTION INSURANCE CO., BROADSPIRE, A CRAWFORD CO., TRAVELERS INDEMNITY CO. OF CONNECTICUT, LUMBERMEN'S MUTUAL CASUALTY CO.

This case concerns the determination of liability for a deceased worker's cumulative trauma injury, specifically carpal tunnel syndrome. The Workers' Compensation Appeals Board granted reconsideration to amend the period of injurious exposure. The Board found that the applicant's date of injury, based on the onset of temporary disability, was September 30, 2004. Therefore, the statutory period of liability under Labor Code § 5500.5 was established as September 30, 2003, through September 29, 2004, the employee's last day of work. This amendment impacts the contribution between insurers APIC and Travelers.

Cumulative traumaLabor Code section 5500.5Labor Code section 5412Period of liabilityCarpal tunnel syndromeTemporary disabilityPermanent disabilityDate of injuryInjurious exposureReconsideration
References
Case No. ADJ3588884 (FRE 0222309) ADJ4330880 (FRE 0223217)
Regular
Feb 22, 2011

ENEDELIA LUNA vs. FRESNO UNIFIED SCHOOL DISTRICT, UNITED ARTISTS THEATRE CIRCUIT; AMERICAN MOTORISTS INSURANCE COMPANY, Administered By BROADSPIRE

This case concerns American Motorists Insurance Company's petition for reconsideration of a Joint Findings and Award. The original award addressed two admitted industrial injuries sustained by the applicant, one against Fresno Unified School District (FUSD) and another against United Artists Theatre Circuit, insured by American Motorists. The petition specifically challenges the WCJ's failure to incorporate a stipulated liability apportionment between the defendants into the award. The Appeals Board denied the petition, ruling that the WCJ correctly deferred the issue of contribution between co-defendants, as they remain jointly and severally liable to the applicant.

Petition for ReconsiderationJoint Findings and AwardSpecial Education Teacher's AideCumulative InjuryBilateral Upper ExtremitiesPermanent DisabilityFurther Medical TreatmentPermissibly Self-InsuredStipulated Percentage of LiabilityContribution Between Co-Defendants
References
Case No. ADJ8860499
Regular
Aug 22, 2014

ANA BARILLAS vs. CELLAR MASTERS, INC., SECURITY NATIONAL INSURANCE, ZURICH AMERICAN INSURANCE

The Appeals Board granted Zurich's petition for reconsideration to correct an inequitable administrative appointment. Initially, the WCJ ordered Zurich, covering only 9% of liability, to administer the cumulative trauma award, which the Board found to be an abuse of discretion. The Board amended the decision to assign administration to Security National Insurance, which covered 91% of the liability, with Zurich having a right of contribution. Additionally, the Board corrected a clerical error to defer attorney fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryCumulative TraumaTemporary DisabilityJoint and Several LiabilityContributionAdministrator of AwardProportionate Share of Liability
References
Case No. ADJ4680684 (LAO 0878962) ADJ2228561 (LAO 0878963)
Regular
Feb 19, 2016

ARTURO AVILA vs. CARIMEX INTERNATIONAL TRADING, EVEREST NATIONAL INSURANCE CO., SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over contribution liability between two insurance carriers for an applicant's cumulative trauma injury. The original Findings and Award determined Everest National Insurance was 68% liable and SCIF 32% liable, ordering Everest to pay SCIF $31,513.97. Everest's petition for reconsideration focuses solely on the monetary calculation, not the proportional liability. The Appeals Board granted reconsideration to rescind the original award, as the WCA's attempt to rescind it was untimely. The matter is returned to the WCA for further proceedings and a proper decision on the monetary calculations.

Petition for ReconsiderationFindings and AwardPetition for ContributionEquitable ContributionCumulative Trauma InjurySpecific InjuryJoint Compromise and ReleaseCredit for PaymentsSupplemental ProceedingsLabor Code Section 5500.5
References
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