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

Case No. ADJ744923 (ANA 0385182)
Regular
Jul 22, 2011

CHARLES BUFFINGTON III vs. FACTORY MUTUAL, INFRARED TESTING, INC., LIBERTY MUTUAL INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Factory Mutual seeks reconsideration of a workers' compensation decision finding Liberty Mutual provided coverage for Infrared Testing, Inc. during the applicant's injury period. Factory admits it sold its interest in Infrared before the cumulative injury period, arguing Liberty's coverage stipulation was a mistake. The Board dismissed Factory's petition, finding Factory lacks standing as it had no interest in the employer after August 2, 2000. The Board also indicated it would have denied the petition on the merits due to Liberty's stipulation and the elapsed premium collection period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersStipulationCoverage disputeMistake in coverageSale of interestUninsured Employers Benefits Trust FundStandingAggrieved party
References
Case No. FRE 186612
Regular
Mar 26, 2008

, Jose Maravilla, vs. , JOSE AND FLORENCIA ALVERNAZ and CIGA, by CAMBRIDGE INTERGRATE SERVICES for FREMONT INSURANCE COMPANY, in liquidation; LIBERTY MUTUAL INSURANCE COMPANY; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS

This case involves Liberty Mutual/Golden Eagle Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma injury to both knees. The WCAB denied reconsideration, finding the Statute of Limitations defense was waived and that the *Benson* case regarding allocation of disability cause was not applicable as there was only one industrial injury. The WCAB adopted the WCJ's report in its entirety for its denial.

Workers' Compensation Appeals BoardJose MaravillaJose and Florencia AlvernaCIGAFremont Insurance CompanyLiberty Mutual Insurance CompanyCalifornia Indemnity Insurance CompanyGAB RobinsFRE 186612Opinion and Order Denying Petition for Reconsideration
References
Case No. SFO 0460461
Regular
Oct 11, 2007

HEIDI RUEDA vs. WESTAMERICA BANCORP., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INSURANCE, LIBERTY MUTUAL FIRE INSURANCE COMANY

This case involves CIGA's claim for reimbursement from Liberty Mutual for benefits paid to applicant Heidi Rueda due to industrial injuries sustained in 1992 and 1998. Liberty Mutual, liable for the 1998 injury, disputes CIGA's entitlement to 100% reimbursement, arguing the 1992 injury also contributed to the disability. The Workers' Compensation Appeals Board denied Liberty Mutual's request for reconsideration, upholding the arbitrator's findings.

Workers' Compensation Appeals BoardCIGAFremont InsuranceLiberty MutualReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityMedical BenefitsMedical-Legal Expenses
References
Case No. ADJ9053637
Regular
Jan 10, 2015

ZINAIDA GOFNUNG vs. THIBIANT INTERNATIONAL, CYPRESS INSURANCE/BERKSHIRE HATHAWAY, LIBERTY MUTUAL INSURANCE/WAUSAU

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision. The original award incorrectly excluded Wausau/Liberty Mutual as a liable party. The Board clarified that Wausau/Liberty Mutual, having been properly joined to the cumulative trauma claim, had standing to petition for reconsideration. The decision was amended to specify that the award is against Cypress Insurance, with a right of contribution against Wausau/Liberty Mutual.

Petition for ReconsiderationWorkers' Compensation Appeals BoardJoinderCumulative TraumaSpecific InjuryMedical Legal EvaluatorsLabor Code §5500.5ArbitrationStandingContribution
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
Case No. ADJ10955890
Regular
Dec 21, 2018

JONATHAN ELFORD vs. MD OFFICE SOLUTIONS INC., AMERICAN ECONOMY INSURANCE COMPANY, LIBERTY MUTUAL

This case involves a Petition for Reconsideration filed by MD Office Solutions Inc. (Liberty Mutual/American Economy Insurance Company) challenging a prior workers' compensation award. The defendant alleges a mutual mistake regarding insurance coverage for the applicant's March 9, 2015 injury, claiming they were not the liable carrier. However, the Board dismissed the petition as untimely, noting it was filed 61 days after the award was served. The Board suggested the defendant should instead file a petition to set aside the award based on good cause, such as mutual mistake, and directed the matter back to the trial level.

Petition for ReconsiderationStipulations with Request for AwardMutual Mistake of FactWorkers' Compensation CoverageLiable CarrierTimelinessDismissedPetition to Set Aside AwardLabor Code Section 5803Good Cause
References
Case No. ADJ9168564
Regular
Feb 23, 2016

Gloria Alvarez vs. G6 HOSPITALITY, LIBERTY MUTUAL

This case involves a Petition for Reconsideration filed by G6 Hospitality and Liberty Mutual, seeking to overturn an order to pay the lien of Work Med in full. The defendants failed to appear at a lien conference and did not object to a Notice of Intent to allow the lien. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found no legal grounds to set aside the order. The Board noted that the defendants' failure to track the case did not excuse their default.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLien ConferenceNotice of IntentLien ClaimantProof of ServiceMinute OrderLiberty MutualG6 Hospitality
References
Case No. ADJ1764832 (SFO 0511779)
Regular
Jun 16, 2010

PATRICK YU vs. NEIMAN MARCUS, LIBERTY MUTUAL SACRAMENTO

This case involves applicant Patrick Yu's workers' compensation claim against Neiman Marcus, insured by Liberty Mutual. The Workers' Compensation Appeals Board has issued an order denying Yu's Petition for Reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge in its decision. Therefore, the applicant's request for reconsideration of the prior ruling has been formally denied.

Order Denying ReconsiderationWorkers' Compensation Appeals BoardNeiman MarcusLiberty MutualADJ1764832SFO 0511779Petition for ReconsiderationAdministrative Law Judge ReportWCJApplicant
References
Case No. ADJ8381778
Regular
Oct 18, 2012

GERALD BROWN vs. GOLDEN GATE PETROLEUM, LIBERTY MUTUAL

In this workers' compensation case, the applicant, Gerald Brown, filed a Petition for Removal and a Petition for Disqualification against Golden Gate Petroleum and Liberty Mutual. The defendants subsequently withdrew both petitions after entering into a Compromise and Release agreement. The Workers' Compensation Appeals Board dismissed both petitions as moot, as they were withdrawn and the settlement was approved by the WCJ. Therefore, no further action will be taken on the dismissed petitions.

Petition for RemovalPetition for DisqualificationCompromise and ReleaseWCJWorkers' Compensation Appeals BoardADJ8381778mootwithdrawn petitionsdismissaladministrative law judge
References
Case No. ADJ1010124 (MON 0336772)
Regular
Jan 23, 2014

ANA MENDOZA vs. LSG SKY CHEFS, INC., LIBERTY MUTUAL

This case involves a petition for reconsideration filed by a lien claimant in Ana Mendoza's workers' compensation claim against LSG Sky Chefs, Inc. and Liberty Mutual. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The dismissal was based solely on the administrative law judge's report, which found the petition was not filed in a timely manner. Therefore, the WCAB adopted this reasoning to dismiss the lien claimant's appeal.

Petition for ReconsiderationDismissedTimelyLien ClaimantWCJ ReportAdministrative Law JudgeWorkers' Compensation Appeals BoardLSG Sky ChefsLiberty MutualAna Mendoza
References
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