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Case Law Database

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

Case No. ADJ7601670 ADJ9457797 ADJ9576710
Regular
Jun 28, 2016

MARGARITA GUTIERREZ vs. DYNAMIC DETAILS, INC, ACE FIRE UNDERWRITERS INS. CO., ESIS, THE HARTFORD INS. CO., EVEREST NATIONAL INS. CO., SEDGWICH CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The WCJ had previously issued an order vacating the original findings and setting a status conference. This order vacating the decision was issued within the 15-day period allowed for a WCJ to amend, modify, or rescind an award after a petition for reconsideration is filed. Therefore, the applicant's petition for reconsideration became moot and was properly dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderWorkers' Compensation Administrative Law JudgeOrder VacatingWCAB Rule 10859Moot PetitionOrder Denying Petition for RemovalChairwoman CaplaneCommissioner Sweeney
References
Case No. ADJ2841961 (SJO 0191311)
Regular
May 03, 2012

DERRICK LITTLE vs. WALKER CONCRETE CO., LIBERTY MUTUAL INS. CO.

Applicant Derrick Little filed an "appeal" of an order denying his motion to change venue, which the Board treated as a Petition for Removal. The Petition was dismissed because it failed to articulate any specific factual or legal contentions justifying the removal. Furthermore, the Petition did not demonstrate significant prejudice or irreparable harm, which are required for a grant of removal. The Board adopted the WCJ's report and recommendations in its entirety when dismissing the petition.

Petition for RemovalChange of VenueWCJ OrderOrder Denying MotionDismissed PetitionSkeletal PetitionSignificant PrejudiceIrreparable InjuryWCAB Rule 10842WCAB Rule 10846
References
Case No. MON 0299702 MON 0313489
Regular
Oct 15, 2007

REINA RIVERA vs. LSG SKY CHEFS, INC, LIBERTY MUTUAL INSURANCE CO.

This case involves a petition for reconsideration filed by the defendant, LSG Sky Chefs, Inc., and Liberty Mutual Insurance Co. The Workers' Compensation Appeals Board has granted the petition to allow for further study of the factual and legal issues. This action is necessary to ensure a complete understanding of the record and to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationLSG Sky ChefsInc.Liberty Mutual Insurance Co.Case NumberDecision After ReconsiderationReconsideration UnitStatutory Time ConstraintsFactual Issues
References
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. ADJ1200873 (OAK 0337904) ADJ479879 (OAK 0337905)
Regular
Apr 06, 2009

CARMEN CHACON vs. NATIONAL UPHOLSTERING CO., NATIONAL LIABILITY & FIRE INS. CO.

The Workers' Compensation Appeals Board (WCAB) rescinded an approved Compromise and Release (C&R) agreement due to potential mutual mistake of fact regarding duplicate payments of Temporary Disability Indemnity (TDI) and Unemployment Insurance (UI). Both the defendant and the Employment Development Department (EDD) sought reconsideration, arguing the original order did not adequately protect their interests regarding these duplicate payments. The WCAB found that EDD's due process rights were violated by a lack of proper notice and service regarding the C&R. The matter was returned to the trial level for a new decision to determine if a mutual mistake occurred and to consider EDD's lien.

Workers' Compensation Appeals BoardCarmen ChaconNational Upholstering Co.National Liability & Fire Ins. Co.Employment Development Department (EDD)Compromise and Release (C&R)Order Approving Compromise and Release (OACR)Mutual Mistake of FactDuplicate PaymentsTemporary Disability Indemnity (TDI)
References
Case No. ADJ10021120 ADJ8949346
Regular
Apr 14, 2017

ANTHONY BERNARD EDWARDS (Dec'd), CANDACE EDWARDS (Widow), ASHLEY EDWARDS (Daughter), ANTHONY EDWARDS, JR. (Son) vs. CITY OF LOS ANGELES; LOS ANGELES WORLD AIRPORTS, Permissibly Self-Insured

This case involves a workers' compensation death benefit claim for Anthony Bernard Edwards, who died in the course of his employment. The dependents seek death benefits and burial expenses, which were initially awarded by the WCJ. The employer, City of Los Angeles, sought reconsideration, arguing it should receive credit for a third-party settlement the dependents obtained from Kaiser Permanente. The Board agreed to reconsider the issue of credit, specifically whether Civil Code section 3333.1 bars such credit. The Board ultimately deferred the credit issue, affirming the death benefit award and returning the matter for further proceedings to determine the applicability of Civil Code section 3333.1 and potential employer negligence.

Workers' Compensation Appeals BoardADJ10021120ADJ8949346death benefitsLabor Code section 4702burial expensesCivil Code section 3333.1Medical Injury Compensation Reform ActMICRAthird-party settlement
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. ADJ758263 (VNO 0361187)
Regular
Feb 27, 2012

JOHN SCHAUFUS vs. SHIRLEY BROTHERS, INC., LIBERTY MUTUAL INSURANCE CO., FERRANTE CONSTRUCTION, GOLDEN EAGLE INSURANCE CORPORATION, STATE COMPENSATION INSURANCE FUND

The State Compensation Insurance Fund (SCIF) petitioned for reconsideration of an arbitrator's decision enforcing a prior award of contribution. SCIF argued that Liberty Mutual, acting in dual capacities as an insurer and successor, should have filed a separate contribution petition within one year of the applicant's Compromise and Release (C&R) approval. The arbitrator found the prior decision to be res judicata, determining SCIF's 41.79% liability for benefits paid outside the C&R, thus rendering a new contribution petition unnecessary. The Workers' Compensation Appeals Board adopted the arbitrator's report and denied SCIF's petition for reconsideration.

Workers Compensation Appeals BoardShirley Brothers Inc.Liberty Mutual Insurance Co.Ferrante ConstructionGolden Eagle Insurance CorporationState Compensation Insurance FundSCIFPetition for ReconsiderationArbitrator's ReportFindings and Award
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
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