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

Case No. ADJ10147686
Regular
Jun 12, 2017

TOBY LAPESARDE vs. CALIFORNIA DEPARTMENT OF CORECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding the applicant's injury compensable. The Board rescinded the original findings and returned the case for further proceedings to determine if the "special risk" exception to the going-and-coming rule applies. The WCJ initially found the injury compensable under the "special mission" exception, but the Board noted credibility issues regarding the applicant's assertion of mandatory overtime. The applicant sustained injuries in a motor vehicle accident while commuting home after working a double shift.

Workers' Compensation Appeals BoardIndustrial InjuryLicensed Vocational NursePetition for ReconsiderationFindings of FactGoing and Coming RuleSpecial Mission ExceptionSpecial Risk ExceptionMandatory OvertimeCollective Bargaining Agreement
References
Case No. ADJ7953076
Regular
Feb 27, 2017

JAMES JAMISON vs. MICHAEL WEPPLO, INNOVATIVE BUSINESS PARTNERS, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) affirmed a judge's order denying arbitration on insurance coverage, as the prior superior court ruling established the WCAB's exclusive jurisdiction. The WCAB found the judge's order was an interim procedural step, not a final order, thus not subject to reconsideration. Defendant's admission of coverage also negated the need for arbitration on that issue. The case was returned to the trial level for a mandatory settlement conference to address remaining employment issues.

WCABPetition for ReconsiderationInsurance Coverage DisputeMandatory ArbitrationLabor Code Section 3706Evidentiary HearingEmployment StatusFinal OrderInterlocutory OrderJurisdiction
References
Case No. ADJ9144169
Regular
Aug 03, 2017

LOURDES GARCIA vs. THE STAFFING SOLUTIONS GROUP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) granted the defendants' Petitions for Removal and rescinded the Administrative Law Judge's (WCJ) Minute Order. The WCJ had improperly ordered mandatory arbitration for issues beyond insurance coverage disputes, which is not permitted under Labor Code section 5275. The WCAB adopted the WCJ's report, agreeing that the order was vague and exceeded the scope of mandatory arbitration. The case is returned to the WCJ for further proceedings and decision.

Workers' Compensation Appeals BoardStaffing Solutions GroupCalifornia Insurance Guarantee AssociationCIGAPetition for RemovalMinute OrderMandatory ArbitrationLabor Code Section 5275Coverage DisputeAdministrative Law Judge
References
Case No. ADJ8075845
Regular
Jun 10, 2014

LARRY HARDY vs. NEW ORLEANS SAINTS, TRAVELERS INDEMNITY COMPANY AND ITS PROPERTY CASUALTY AFFILIATES AND SUBSIDIARIES

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration because the challenged order compelling mandatory arbitration was not a final decision. The Board granted removal, rescinded the arbitration order, and returned the case for further proceedings. This was because the applicant's claimed injury dates (1978-1986) fell outside the statutory period for mandatory arbitration under Labor Code section 5275, which applies only to injuries occurring on or after January 1, 1990 (and later clarified to January 1, 1994).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMandatory ArbitrationLabor Code Section 5275Interlocutory OrdersFinal OrderArising Out of and in the Course of Employment (AOE/COE)JurisdictionStatute of Limitations
References
Case No. ADJ7623044
Regular
Jun 18, 2012

YOLANDA CRUZ GARDUNO vs. TIDES WHARF BODEGA BAY ROBERT BUGATTO ENTERPRISES, INC.; TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration and Petition for Disqualification. The WCAB upheld the WCJ's decision regarding the applicant's average weekly wage, finding it was based on credibility and insufficient evidence of overtime. The WCAB also found the WCJ acted appropriately in managing the trial and limiting irrelevant testimony, despite the applicant's due process claims. The applicant is pursuing separate claims with the Labor Commissioner regarding overtime earnings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Disqualificationindustrial injuryaverage weekly wagedue processWCJ credibility assessmentlabor commissionovertime incomeinconsistent testimony
References
Case No. ADJ6855574
Regular
Mar 25, 2013

JORGE RIVERA LOPEZ vs. STONELEDGE FURNITURE, LLC, HARTFORD

This case concerns a Petition for Reconsideration by lien claimants whose liens were dismissed for failure to pay the mandatory lien activation fee under Labor Code §4903.06. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found the dismissal mandatory and proper. The Board affirmed it lacks the authority to declare statutes unconstitutional and must enforce them as written. Therefore, the liens were correctly dismissed with prejudice for non-payment of the activation fee.

Workers' Compensation Appeals BoardLien activation feeSB 863Labor Code §4903.06Labor Code §4903.07Dismissal with prejudiceReconsideration deniedLien claimantsPrime Medical ResourcesInc.
References
Case No. ADJ2624099 (AHM 0134865)
Regular
Nov 06, 2013

JACALYN HALE (Deceased) vs. MESA MEDICAL GROUP, ACE USA c/o ESIS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board dismissed ECIC's Petition for Reconsideration because the WCJ's order regarding contribution proceedings was not a final determination of substantive rights. The Board also denied ECIC's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm from the WCJ's statement that the contribution issue might eventually be subject to mandatory arbitration. The WCJ had merely overruled ECIC's objection to ACE/ESIS's contribution petition and allowed discovery, not ordered arbitration itself. Therefore, any arguments about mandatory arbitration were premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ OrderContribution ProceedingsMandatory ArbitrationLabor Code Section 5500.5ACE/ESISECICIndustrial Injury
References
Case No. ADJ7466813
Regular
Apr 10, 2013

ROBERTO MENA, COBERTON MENA vs. PRIORITY BUILDING SERVICES; LUMBERMAN'S UNDERWRITING, PRIORITY BUILDING SERVICES, LLC; LUMBERMAN'S UNDERWRITING

This case involves a lien claimant, Max MRI Imaging, whose lien was dismissed due to failure to pay the mandatory lien activation fee required by Labor Code section 4903.06(a)(4). The Workers' Compensation Appeals Board denied reconsideration, upholding the dismissal despite the claimant's argument of an oversight. The Board emphasized that the statute's language is mandatory and provides no exceptions for inadvertent non-payment. The ruling also clarified procedural arguments regarding notice, appearances, and the inapplicability of the *Hamilton v. Lockheed Corp.* case.

Workers' Compensation Appeals BoardRoberto MenaPriority Building ServicesLumberman's UnderwritingADJ7466813Petition for ReconsiderationLabor Code section 4903.06Lien Activation FeeDismissal of LienMandatory Requirement
References
Case No. ADJ3802676 (MON 0346021)
Regular
Jul 31, 2012

MARIA GONZALEZ vs. KEY SPORTS APPAREL, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior finding that an applicant sustained industrial injury. The Board found the applicant's testimony regarding a coworker assault and overtime work to be inconsistent and not credible. Therefore, the Board rescinded the previous order and found that the applicant did not sustain injury arising out of and in the course of employment.

Key Sports ApparelNational Liability and Fire Insuranceindustrial injuryspineleft upper extremitypsychephysical assaultcoworkerovertimecredibility
References
Case No. ADJ13385386
Regular
Nov 17, 2020

ABRAHAM BERNAL vs. NIAGARA BOTTLING, LLC, SAFETY NATIONAL CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the original decision regarding applicant Abraham Bernal's average weekly wage. The WCAB found the prior calculation of $\$1,383.39$ per week was erroneous as it diluted the applicant's earning capacity by using a lower hourly wage than his rate at the time of injury. The Board recalculated the average weekly wage based on actual hours worked, including overtime and holiday pay, at the applicant's established $\$27.00$ per hour rate. This resulted in an amended average weekly wage of $\$1,414.26$, increasing the temporary disability indemnity rate to $\$942.84$ per week.

ADJ13385386NIAGARA BOTTLING LLCSAFETY NATIONAL CASUALTY COMPANYVan Nuys District OfficePETITION FOR RECONSIDERATIONAVERAGE WEEKLY WAGESTEMPORARY DISABILITY INDEMNITYLABOR CODE § 4453(c)EARNING CAPACITYREGULAR WAGE
References
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