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

Case No. ADJ11681826
Regular
Oct 23, 2020

ELIAS RIVERA vs. PINNACLE APPLICATION, INC, XL SPECIALTY INSURANCE COMPANY

This case concerns the award of attorney's fees under Labor Code section 5801 following an unsuccessful writ of review by the employer. The Court of Appeal found no reasonable basis for the writ and remanded the matter for attorney's fees. The Appeals Board clarified that all section 5801 claims are handled by the Board, not the WCJ. Consequently, a previous award by the WCJ was voided, and the Board issued a new award for $5,000 against the defendants as stipulated by the parties.

ReconsiderationAttorney's FeesLabor Code § 5801Writ of ReviewReasonable BasisRemandStipulationAwardJurisdictionVoid Ab Initio
References
2
Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. ADJ11131264
Regular
Mar 12, 2018

JAMES MCEWAN vs. ONTARIO REIGN, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC.

This case concerns a defendant's petition for removal of an order denying a change of venue. The defendant sought to move the case from Oxnard to Riverside, citing proximity to the alleged injury site and witness travel distances. The Appeals Board denied removal, finding the defendant failed to establish substantial prejudice or irreparable harm and did not adequately support its venue arguments under Labor Code section 5501.5(c). The Board noted that the defendant could refile a petition with sufficient witness information to support a claim of good cause under Labor Code section 5501.6(a).

Petition for RemovalChange of VenueWCABLabor Code Section 5501.5Good CauseCumulative TraumaHockey PlayerOntario ReignGallagher BassettRiverside District Office
References
2
Case No. ADJ12088438
Regular
Dec 03, 2019

Sherice Bellamy vs. Ventura County Community College, Keen & Associates

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding the prior order denying a change of venue. The Board found that the presiding judge incorrectly applied Labor Code section 5501.5 and that Labor Code section 5501.6, which governs petitions for change of venue, was the relevant statute. Consequently, the case was returned to the presiding judge to address the applicant's petition for change of venue under the proper legal framework. A dissenting opinion argued against removal, stating the applicant did not demonstrate good cause or irreparable harm, and could refile a properly supported venue change petition.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueLabor Code Section 5501.5Labor Code Section 5501.6Principal Place of BusinessGood CauseSubstantial PrejudiceIrreparable HarmDissenting Opinion
References
2
Case No. AHM 108812 AHM 108813 AHM 108814
Regular
Nov 06, 2007

OLIVIA ZAVALA vs. METROPOLITAN WATER DISTRICT

This case involves an award of attorney's fees under Labor Code § 5801 following a successful defense against the defendant's Petition for Writ of Review. The Court of Appeal remanded the matter for the Board to determine reasonable attorney's fees for the applicant's counsel's services. The applicant's attorney requested $5,171.89, but both parties ultimately stipulated to a total of $5,000.00 for attorney's fees and appellate costs.

Workers' Compensation Appeals BoardAttorney's FeeLabor Code § 5801Petition for Writ of ReviewCourt of AppealStipulationAppellate CostsMetropolitan Water DistrictReasonable Attorney's Fees
References
1
Case No. ADJ9532869; ADJ9532720
Regular
Feb 15, 2019

JORGE AGUILAR vs. ALTMAN SPECIALTY PLANTS, TRAVELERS INSURANCE COMPANY

The WCAB granted the defendant's Petition for Removal and rescinded a prior order that had vacated a venue transfer. The Board found that the original judge who approved stipulations should retain jurisdiction for subsequent proceedings, consistent with Labor Code section 5700 and WCAB Rule 10346. Venue for both cases was transferred to the Los Angeles District Office, the applicant's attorney's principal place of business, also supporting jurisdiction under Labor Code section 5501.5. The WCAB noted that procedural irregularities justified setting aside the parties' stipulation regarding Riverside venue.

Petition for RemovalOrder RescindingOrder Transferring VenueWCABWCJVenue TransferLabor Code 5700WCAB Rule 10346Stipulations with Request for AwardMutual Mistake of Fact
References
5
Case No. ADJ273572
Regular
Nov 14, 2008

DIANE DRUEBERT vs. KELLY STAFF LEASING, INC.

This case concerns an award of attorney's fees and costs to the applicant's counsel for successfully opposing the defendant's Petition for Writ of Review at the appellate level. The Court of Appeal remanded the matter for this specific purpose. The Appeals Board awarded $4,350.00 in attorney's fees and $142.61 in costs, totaling $4,492.61, after reviewing the attorney's itemized time and the complexity of the appellate work.

Workers' Compensation Appeals BoardPetition for Writ of ReviewSupplemental Attorney's FeesLabor Code § 5801Reasonable CostsCourt of AppealAppellate Attorney's FeesComplex IssuesLegislative IntentSocial Security Offset
References
1
Case No. ADJ1309169 (AHM 0045971)
Regular
Jul 30, 2009

MARY PRUITT vs. CNA INSURANCE CO., AMERICAN CASUALTY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of attorneys' fees under Labor Code § 5814.5. The Board found the prior decision lacked a proper evidentiary record and the necessary predicate finding of increased compensation under Labor Code § 5814 required for § 5814.5 attorneys' fees. The case was returned to the trial level for further proceedings to ensure compliance with evidentiary record requirements and to re-evaluate the § 5814.5 attorneys' fees issue.

WCABReconsiderationLabor Code § 5814.5Attorneys' FeesIncreased CompensationLabor Code § 5814Findings and AwardWCJEvidence RecordMinutes of Hearing
References
1
Case No. ADJ3905674 (SRO 0031254)
Regular
Feb 02, 2011

DAVID PELLETIER vs. UNITED STRUCTURES, INC., CIGA by its Servicing Facility CAMBRIDGE on behalf of FREMONT COMPENSATION, in liquidation

The Workers' Compensation Appeals Board denied reconsideration of its decision regarding attorney's fees. The applicant's attorney sought fees under Labor Code sections 4607 and 5814.5, arguing the defendant unreasonably failed to appoint a new case manager and pay prior bills. The Board affirmed the judge's finding that Labor Code § 4607 fees are inapplicable when the entire award is not terminated, and Labor Code § 5814.5 fees require an existing award and unreasonable refusal to pay. The Board found no evidence of unreasonable delay by the defendant in appointing a new case manager, thus denying the petition.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesLabor Code Section 4607Labor Code Section 5814.5Medical TreatmentCompromise and ReleasePetition for PenaltyNurse Case ManagerStipulations
References
2
Case No. ADJ8967361
Regular
Nov 26, 2014

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN dba G\&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted by MEADOWBROOK INSURANCE GROUP

This case involved a petition for reconsideration by the applicant in a workers' compensation matter where the deceased worker, Felipe Garcia, was initially found to be an employee but later deemed an independent contractor by the Appeals Board. The applicant argued the Board erred by disregarding the WCJ's credibility assessment and by not applying Labor Code section 2750.5 to unlicensed contractors. The Board denied the petition, finding no evidence the deceased worker was engaged in activities requiring a contractor's license under Business and Professions Code sections 7000 and 7026. Therefore, Labor Code section 2750.5 was inapplicable, and the prior decision finding the applicant an independent contractor was upheld.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusReconsiderationLabor Code section 2750.5Contractors' State License LawBlew v. HornerGarza v. Worker's Comp. Appeals Bd.Rinaldi v. Workers' Comp. Appeals Bd.Unlicensed contractor
References
4
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