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

Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers

The petitioner sought a preliminary injunction against Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, for alleged recognitional or organizational picketing. This picketing was asserted to be in violation of section 10(1) and section 158(b)(7)(A) of the National Labor Relations Act. The employer, Genmar Electrical Contracting, had recently recognized United Construction Trades & Industrial Employees International Union (UCTIU) as the lawful representative of its employees. The Court found reasonable cause to believe that Local Union No. 3's picketing aimed to force Genmar to recognize their union or compel employees to switch their affiliation, constituting an unfair labor practice. Concluding that injunctive relief was just and proper, the Court granted the preliminary injunction, enjoining Local Union No. 3 from such picketing.

Preliminary InjunctionLabor LawUnfair Labor PracticePicketingNational Labor Relations ActOrganizational PicketingRecognitional PicketingCollective BargainingUnion RepresentationSection 10(l)
References
10
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. ADJ7329234; ADJ7432894; ADJ7434559; ADJ7433683
Regular
Dec 02, 2014

KATHY WASSON vs. COUNTY OF PLUMAS

The Appeals Board granted reconsideration, rescinding the prior denial of industrial injury for psyche and heart claims. While applicant sustained a compensable psychiatric injury due to workplace events, compensation is barred by Labor Code section 3208.3(h) as it was substantially caused by good faith personnel actions. However, applicant's heart injury, presumed compensable under Labor Code section 3212, remains compensable as the presumption was not rebutted and section 3208.3(h) does not apply. Further proceedings will address the sleep disorder claim and other deferred issues.

Workers' Compensation Appeals BoardDeputy SheriffPsychiatric injuryHypertensionSleep dysfunctionGood faith personnel actionLabor Code section 3208.3(h)PresumptionLabor Code section 3212Heart trouble
References
24
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
29
Case No. ADJ17388371
Regular
Sep 25, 2025

Doug McCullough vs. Modesto Fire Department, Salida Fire Protection Department District

The defendant, Modesto Fire Department, sought reconsideration of a June 12, 2025, Findings of Fact and Order which imposed two penalties on them for unreasonably delayed benefits to the applicant under Labor Code Section 5814.3. The Appeals Board denied the Petition for Reconsideration, adopting the Workers' Compensation Judge's report. The Board concluded that the defendant had sufficient information to apply the presumption of industrial causation under Labor Code Section 3212.1 and unreasonably denied both inter vivos and death claims, thereby warranting the penalties. The decision also noted a failure to provide accurate notice of case transmission to the Appeals Board as required by Labor Code section 5909(b)(1).

WCABPetition for ReconsiderationLabor Code Section 5909TransmissionSixty-Day PeriodNotice of TransmissionElectronic Adjudication Management System (EAMS)Report and RecommendationFindings of Fact and OrderLabor Code Section 5814.3
References
0
Case No. ADJ10809542; ADJ17227129
Regular
Apr 01, 2025

Rick Broussard vs. John Kirby, The Hartford, Oak River Insurance Company

Applicant Rick Broussard, a carpet cleaner, sustained industrial injuries to multiple body parts. Defendant Oak River Insurance Company sought reconsideration of a WCJ's decision regarding the Labor Code section 5500.5 liability period and the scope of industrial injury. The Appeals Board granted reconsideration, amending the decision to include an express finding that the Labor Code section 5412 date of injury was August 2, 2017, and otherwise affirmed the WCJ's decision. The Board also clarified aspects of Labor Code section 5909 concerning the timeline for acting on reconsideration petitions and upheld the WCJ's findings on the date and extent of injury based on substantial medical evidence.

Labor Code section 5500.5Labor Code section 5412Petition for Reconsiderationcumulative injurydate of injurycompensable disabilitysubstantial evidenceagreed medical evaluatoroccupational diseasecarpal tunnel syndrome
References
17
Case No. ADJ3550549 (LAO 0884192)
Regular
Sep 22, 2016

JACK DUPONT (Dec'd), ANYAWAN DUPONT (Widow) vs. C.R. ENGLAND, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE

This case involves a remand from the Court of Appeals to the Workers' Compensation Appeals Board (WCAB) for the purpose of awarding attorney's fees and costs under Labor Code Section 5801. Applicant's attorney and the defendant's attorney jointly stipulated to an award of $11,600.00 to resolve this issue. The WCAB approved this stipulation and returned the matter to the trial level.

Labor Code section 5801attorney's feesWorkers' Compensation Appeals Boardremandedstipulationapplicant's attorneydefendant's attorneyjoint lettertrial levelaward
References
0
Case No. ADJ2567272 (AHM 0105012)
Regular
Oct 15, 2012

, Applicant, FELIX NINO MOTA vs. ALLGREEN LANDSCAPE; NATIONAL INSURANCE COMPANY, Administered by FARA Adjusting Services

Applicant's attorneys requested $51,900 in attorney's fees under Labor Code Section 5801 for work related to a writ of review. The Appeals Board found the declarations supporting the request inadequate due to lack of itemization and justification for the hours and rates. Consequently, the Board may award a fee of up to $16,000, but reserves the right to award substantially less or nothing at all due to the potentially inflated nature of the initial request. Applicant's attorneys must provide detailed itemizations and show good cause to receive any fee.

Labor Code section 5801attorney's feespetition for writ of reviewAppeals Boarddeclarationsitemized billingshourly ratecertified workers' compensation specialistclerical tasksunreasonably inflated
References
9
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