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

Case No. ADJS87312 (LAO 0832831)
Regular
Jul 01, 2018

RAMIRO ZAPATA JIMENEZ vs. LUIS ARAGON, MARCOS BOLANOS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board affirmed the finding that property owner Marcos Bolanos was the "ultimate employer" of Ramiro Zapata, who sustained industrial injuries while working on Bolanos' property. The Board found Bolanos failed to prove the statute of limitations barred Zapata's claim, as Bolanos had notice of the injury shortly after it occurred but failed to provide Zapata with notice of his workers' compensation rights. Bolanos' contentions regarding denial of cross-examination and improper joinder were also rejected. A dissenting opinion argued the claim against Bolanos should be barred by the one-year statute of limitations due to an attorney's letter sent to Bolanos within months of the injury.

Workers' Compensation Appeals BoardRamiro Zapata JimenezLuis AragonMarcos BolanosUninsured Employers Benefits Trust FundIndustrial InjuryTemporary Total DisabilityPermanent DisabilityLicensed ContractorUninsured
References
14
Case No. ADJ587312 (LAO 0832831)
Regular
Dec 12, 2017

RAMIRO ZAPATA JIMENEZ vs. LUIS ARAGON, MARCOS BOLANOS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Court of Appeal overturned the Workers' Compensation Appeals Board's decision to affirm the joinder of defendant Marco Bolanos. The Court found Bolanos was a statutory employer but that his joinder was barred by the statute of limitations (Labor Code § 5405), with no grounds for tolling. Consequently, the Board amended its prior award to dismiss Bolanos as a defendant while affirming the original findings and award against Luis Aragon.

RemittiturStatute of LimitationsLabor Code section 5405Conclusive Statutory EmployerLabor Code section 2750.5Cedillo v. Workers' Comp. Appeals Bd.Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd.Reynolds v. Workmen's Comp. Appeals Bd.TollingUninsured Employers Benefits Trust Fund
References
3
Case No. ADJ1452726 (RIV 0075376)
Regular
Jul 29, 2009

MARCIAL BOLANOS vs. MERIT MASONRY, STATE COMPENSATION INSURANCE FUND

The appeals board reversed the July 29, 2009 award because the applicant never filed a claim form, and the defendant is not estopped from asserting this.

Workers' Compensation Appeals BoardMerit MasonryState Compensation Insurance FundMarcial BolanosDean H. Shapiro D.C.ADJ1452726RIV 0075376Opinion and Order Granting ReconsiderationFindings and AwardLabor Code section 5401(a)
References
1
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
4
Case No. ADJ6586403, ADJ6586493, ADJ8203521
Regular
Sep 18, 2015

LUIS MARCIAL vs. SMART & FINAL, INC.

A lien claimant sought to set aside a stipulation and order for payment, alleging mutual mistake. The Workers' Compensation Appeals Board dismissed the claimant's petition for reconsideration. The Board found the matter not ripe for review, as the claim of mutual mistake requires a factual determination at the trial level. The case is returned to the trial judge to first rule on the petition to set aside the stipulation.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationStipulation and Order to Pay Lien ClaimantMutual MistakePetition to Set AsideAdministrative Law JudgeWCJNot RipeTrial Level
References
1
Case No. ADJ10020893
Regular
Aug 21, 2017

TZITZIRI BOLANOS ZACARIAS vs. MARZ FARMS, ZENITH INSURANCE COMPANY

This case involves Zenith Insurance Company's petition for reconsideration of a $250 sanction order. The sanction was imposed because Zenith and its attorneys failed to appear at a status conference due to an alleged calendaring error. Zenith argued this was an inadvertent mistake, not bad faith, and requested relief under WCAB Rule 10561. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found no reasonable excuse for the failure to appear. One commissioner dissented, believing the sanctions were unjust given the isolated, inadvertent nature of the calendaring error and Zenith's prompt resolution of the underlying issue.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsStatus ConferenceNotice of Intention to SanctionReasonable ExcuseCalendaring ErrorWCAB Rule 10561Labor Code section 5813Bad Faith
References
0
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
0
Case No. AD J8008305
Regular
Apr 12, 2016

MARCIAL LARA vs. NEMAN BROTHERS AND ASSOCIATES, INC.; FARMERS INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Dr. Khan's lien with prejudice. The WCAB found that Dr. Khan and his representative, Maximum Medical, Inc., were not properly served with notices of hearings and documents. This lack of notice violated due process, preventing them from appearing and presenting their case at a lien conference. Consequently, the WCAB rescinded the dismissal order and returned the case to the trial level for further proceedings.

Petition for ReconsiderationOrder to Dismiss LienLien ClaimantFailure to AppearDue ProcessNoticeOpportunity to Be HeardWorkers' Compensation Appeals BoardWCJCompromise and Release
References
4
Case No. ADJ10195617
Regular
Jan 10, 2018

JAVIER ORDAZ MARCIAL vs. NORCAL HARVESTING, LLC, INTERCARE HOLDINGS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal because the WCJ's orders regarding injury AOE/COE and temporary disability were final and subject to reconsideration, not removal. The Board also denied the Petition for Reconsideration, adopting the WCJ's reasoning that resolving AOE/COE on disputed body parts was necessary to determine temporary disability. Furthermore, the Board noted that the issue of credit was not properly before them as it was deferred in prior proceedings. Therefore, the defendant's petitions were rejected.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationAOE/COEDeclaration of Readiness to ProceedExpedited HearingPre-trial conference statementMinutes of Hearing and Summary of EvidenceCreditFinal Order
References
5
Case No. OXN 122370, OXN 145516
Regular
Nov 09, 2007

MARTHA BOLANOS vs. ADVANCED MOTION CONTROL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's claim for workers' compensation benefits for industrial injuries to her wrist, arm, shoulder, and neck. The Appeals Board granted reconsideration, specifically modifying the temporary disability indemnity period to end on the applicant's permanent and stationary date of December 21, 2004, based on medical evidence. The Board also affirmed the WCJ's finding on the cumulative trauma period, determining that the applicant's injurious exposure ended when she was placed on modified duty prior to her last day of employment.

CIGAFremont Compensation Insurance Companyliquidationpermanent and stationary datetemporary disability indemnitycumulative traumaAgreed Medical Examiner (AME)Labor Code section 4651.1rehabilitiation appealdeferred jurisdiction
References
10
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