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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ2923882 (VNO 0550303)
Regular
Jan 29, 2014

MARCIAL MARTINEZ vs. MONARCH dba PES PAYROLL, AMERICAN HOME ASSURANCE, FOAMEX, GALLAGHER BASSETT

This case involves applicant Marcial Martinez, injured while working for Foamex, who was leased by HR Business Staffing and paid by Monarch/PES. The Appeals Board affirmed the arbitrator's decision, finding that Monarch's policy WC 573-39-25, due to its "alternate employer endorsement" and contract with Air Ground Manpower, provided workers' compensation coverage. The Board determined that Monarch's role in processing payroll, coupled with the written agreement specifying insurance provision, satisfied the endorsement's requirements. Despite Monarch's arguments regarding its limited payroll role and allegations of fraud, the policy provisions and parties' conduct established coverage.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderArbitrator's DecisionInsurance CoverageMonarch ConsultingPES PayrollAmerican Home AssuranceHR Business StaffingAir Ground Manpower
References
Case No. ADJ3605789 (GOL 0101314), ADJ2387995 (GOL 0101316), ADJ460036 (GOL 0101315)
Regular
Jul 26, 2012

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the original findings regarding employment for both United Staffing Associates and Monarch Consulting. The Board found that United Staffing Associates was never the applicant's employer, rescinding findings that they were the employer on October 8, 2007, and for a cumulative trauma period. Regarding Monarch Consulting, the Board found they were not the employer on October 2, 2006, but were the general employer from March 2006 through August 30, 2007, with specific exclusions, reversing the prior ruling on the specific injury date. The case was returned for further proceedings consistent with these revised findings.

Workers Compensation Appeals BoardJorge VivancoNeverland Valley RanchEstate of Michael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)
Regular
Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ2923882
Regular
Aug 28, 2013

MARCIAL MARTINEZ vs. MONARCH dba PES PAYROLL, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a June 16, 2013 decision. This action was taken due to statutory time constraints and an initial review indicating a need for further study of the factual and legal issues. The WCAB requires all future communications in this case to be submitted in writing directly to the Commissioners' office, not to any district office or via e-filing. The purpose of this reconsideration is to allow for a complete understanding of the record and to ensure a just decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardMARCIAL MARTINEZMONARCH dba PES PAYROLLAMERICAN HOME ASSURANCEADJ2923882VNO 0550303OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONstatutory time constraintsfactual and legal issues
References
Case No. ADJ3923408
Regular
Apr 20, 2009

Andrea Seyfried vs. Compass Films, Inc., National Surety Company/Fireman's Fund, Power Payroll, Inc., California Insurance Guarantee Association for Legion Insurance Company

The Workers' Compensation Appeals Board found that the applicant sustained an industrial injury while employed by both Power Payroll (general employer) and Compass Films (special employer). Power Payroll was insured by Legion Insurance, whose obligations are now handled by CIGA. Compass Films was insured by Fireman's Fund. The Board rescinded the prior order finding Power Payroll as the sole employer and returned the case for proceedings to determine the respective liabilities of CIGA and Fireman's Fund. CIGA is not liable if Fireman's Fund policy constitutes "other insurance" available to the applicant.

General employerSpecial employerDual employmentPayroll servicesFilm industryInsurance Guarantee AssociationInsurer insolvencySpecial employer controlPayroll companyProduction manager
References
Case No. LBO 0319122
Regular
May 19, 2008

RICARDO MORAN-FLORES vs. ALEX STAVROPOULOS, dba THE GREEK MATTRESS WAREHOUSE, GOLDEN EAGLE INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed an Arbitrator's decision that the employer's workers' compensation policy was effectively cancelled on April 25, 2000, prior to the applicant's October 21, 2000 injury. The Board found that the insurer provided proper notice of cancellation for non-reporting of payroll, and the employer failed to present evidence rebutting receipt of this notice. Therefore, the policy was deemed terminated before the employee's injury.

Workers' Compensation Appeals BoardReconsiderationArbitrator DecisionInsurance CancellationPolicy TerminationNon Report of PayrollGolden Eagle Insurance CompanyRicardo Moran-FloresAlex StavropoulosThe Greek Mattress Warehouse
References
Case No. ADJ8005462
Regular
Dec 02, 2013

PEDRO VALDERRAMA, SR. (Deceased), MARIA SOLIS (Spouse) et al. vs. LOS AMIGOS CONSTRUCTION, ACEO PAYROLL CO., CASTLE POINT INSURANCE CO., ACE AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the original award finding that Pedro Valderrama's death on September 25, 2009, was industrially caused. The Board found substantial evidence supported that Castle Point Insurance Company was the insurer for Los Amigos Construction at the time of the injury, despite petitioners' claims that payroll services had switched to Select Focus. Evidence indicated that Select Focus had not finalized any agreement or secured insurance coverage for Los Amigos Construction before the date of injury, and that Castle Point's policy was still in effect. The Board also noted a prior OSHA decision that similarly found Select Focus was not the employer and had no exposure in this case.

Workers' Compensation Appeals BoardPedro ValderramaMaria SolisLos Amigos ConstructionACEO Payroll Co.Castle Point Insurance Co.ACE American Insurance Co.Petition for ReconsiderationFindings of Fact and Awardindustrial injury
References
Case No. ADJ6888509 ADJ6888503
Regular
Jun 26, 2014

REYNA OLIVAR vs. EZ PAYROLL STAFFING SOLUTIONS, GALLAGHER BASSETT ORANGE

This Workers' Compensation Appeals Board case, concerning Reyna Olivar and defendants EZ Payroll Staffing Solutions and Gallagher Bassett, involved a petition for reconsideration. The petitioner has formally withdrawn their petition for reconsideration of the October 18, 2013 decision. Consequently, the Board has dismissed the petition.

Petition for ReconsiderationDismissedWithdrawnApplicantDefendantsWorkers' Compensation Appeals BoardOpinion and OrderLong Beach District OfficeOctober 18 2013June 26 2014
References
Case No. ADJ8899793
Regular
Jul 01, 2015

CARLOS IVAN RODAS (DECEASED), AMANDA GUERRA & CARLOS ILDEFONSO vs. PORCINI, INCORPORATED dba GUIDO'S RESTAURANT; TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding the deceased worker, Carlos Ivan Rodas, and his dependents. The defendant, Porcini, Inc. dba Guido's Restaurant, sought this reconsideration. The WCAB determined that further study of the factual and legal issues is necessary to ensure a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners in San Francisco, not to district offices or through the EAMS system.

Workers' Compensation Appeals BoardReconsideration GrantedPetition for ReconsiderationCarlos Ivan Rodas (Deceased)Amanda GuerraCarlos IldefonsoPorciniIncorporated dba Guido's RestaurantTruck Insurance ExchangeADJ8899793
References
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