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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. 156776/17, 595506/18, 2024-03107
Regular Panel Decision
Feb 24, 2026

5915 Larone Butler v. Marco Realty Assoc., L.P.

Plaintiff Larone Butler, a demolition laborer, sought summary judgment on liability under Labor Law § 240(1) after being injured by a falling pipe. The Supreme Court, New York County, initially granted plaintiff's motion against the building defendants (Marco Realty Associates, L.P., Old Navy, LLC, The Gap, Inc., and James Hunt Construction Co., Inc.) and dismissed common-law indemnification and contribution claims against Always First, Inc. by the building defendants. The Appellate Division, First Department, modified the Supreme Court's order, dismissing Labor Law § 200 and common-law negligence claims against Marco Realty, Old Navy, and The Gap, finding they lacked supervisory authority over the work. However, it affirmed the denial of summary judgment for the building defendants on their contractual indemnification claims, citing unresolved factual issues regarding James Hunt's negligence and QCC Maintenance, Inc.'s responsibility for the pipe. The court also affirmed the dismissal of common-law indemnification and contribution claims against Always First, as plaintiff's injuries were not 'grave' under Workers' Compensation Law § 11.

Summary judgmentLabor Law § 240(1)Falling objectDemolition laborerPremises defectGeneral contractor liabilityContractual indemnificationCommon-law negligenceContributionGrave injury
References
6
Case No. MISSING
Regular Panel Decision

In Re Herrera

This case concerns motions filed by Capital One Auto Finance and Marco Herrera in a Chapter 7 bankruptcy proceeding. Capital One sought relief from the automatic stay, while the Debtor, Marco Herrera, cross-moved to redeem his 2006 Yukon Denali under 11 U.S.C. § 722. The central issue revolved around determining the appropriate replacement value of the vehicle for redemption. The Debtor's proposed valuation of $6,425, supported by a Kelley Blue Book report for a different vehicle model, was rejected by the Court. The Court considered Capital One's expert appraisal and determined the replacement value to be $17,000. Additionally, the Court ruled that the automatic stay terminated due to the Debtor's failure to timely perform his stated intention to redeem, but clarified that this did not extinguish his underlying right to redeem the vehicle.

BankruptcyChapter 7Automatic StayRedemptionVehicle ValuationSecured ClaimReplacement ValueDebtor's Statement of IntentionTimelinessEvidentiary Hearing
References
20
Case No. ADJ8049289
Regular
Dec 04, 2012

MARCOS RODRIGUEZ vs. MCR TRANSPORT, INC., CALIFORNIA LIVESTOCK PRODUCERS

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding applicant Marcos Rodriguez's admitted injuries. The defendant argued for apportionment based on a prior claim settlement, but the Board found this lacked merit. The Board determined different rating methodologies and schedules applied to the distinct injuries and body regions, meaning the defendant failed to meet its burden of proof for apportionment or overlap. Consequently, the petition for reconsideration was denied.

WCABMARCOS RODRIGUEZMCR TRANSPORTINC.CALIFORNIA LIVESTOCK PRODUCERSYORK INSURANCE SERVICES GROUPINC.ADJ8049289Petition for ReconsiderationWCJ
References
3
Case No. ADJ6707712
Regular
Oct 04, 2012

Marco Peris vs. Oakland Opera Theater, State Compensation Insurance Fund

This case involves Marco Peris appealing a Workers' Compensation Appeals Board (WCAB) decision. The WCAB had previously rescinded an award of 100% permanent disability, finding the record insufficient to establish applicant's future earning capacity at the maximum rate. Peris argued the board should have accepted his testimony of earning $38/hour as a journeyman laborer. The WCAB dismissed Peris's current petition for reconsideration, stating reconsideration is only permissible from a final order, not an interlocutory order returning a case for further development of the record.

Workers' Compensation Appeals BoardMarco PerisOakland Opera TheaterState Compensation Insurance FundADJ6707712Opinion and Order Dismissing Petition for ReconsiderationOpinion and Decision After ReconsiderationFindings and Awardpermanent disabilityfuture earning capacity
References
1
Case No. ADJ8716925
Regular
May 27, 2025

MARCO VILLA vs. SHULTZ STEEL COMPANY INC, TRAVELERS DIAMOND BAR

Applicant Marco Villa petitioned for reconsideration of a February 19, 2025, Findings and Award (F&A) that found his permanent disability to be 61% and did not categorize his injury as catastrophic. The Appeals Board, after reviewing the petition, defendant's answer, and the WCJ's report, determined that the record was not adequately developed, specifically concerning medical evidence on Activities of Daily Living (ADLs) and the proper evaluation of sub-rosa videos in the context of catastrophic injury. The Board granted the petition for reconsideration but deferred a final decision on the merits, indicating further review and proceedings are necessary to ensure a just and reasoned outcome.

Petition for ReconsiderationFindings and AwardCatastrophic InjuryPermanent DisabilitySubstantial EvidenceMedical OpinionActivities of Daily Living (ADLs)Sub-rosa VideoVocational ExpertDEU Rating
References
22
Case No. ADJ7532431
Regular
Jun 16, 2012

MARCO CABRERA vs. C.R. ENGLAND, INC., NEW HAMPSHIRE INSURANCE COMPANY

This case concerns Marco Cabrera's workers' compensation claim for injuries sustained as a truck driver. The WCJ initially denied the claim, finding it barred by Labor Code Section 3600(a)(10), which requires notice of injury before termination unless the employee proves otherwise. Cabrera appealed, arguing the bar did not apply, but the Appeals Board affirmed the WCJ's decision. The Board found Cabrera failed to provide credible pre-termination evidence of injury as required by law, and his testimony lacked consistency.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryPre-termination NoticePreponderance of EvidenceCredibility of WitnessWCJDeposition TestimonyTermination of Employment
References
0
Case No. ADJ7165081
Regular
Jun 04, 2013

MARCO CARDENAS vs. AMERICAN INTERNATIONAL ENGINEERING & MANUFACTURING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a lien claim by Dr. Michael Bazel for medical treatment provided to the applicant, Marco Cardenas, for a lumbar spine injury. The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision and found that Dr. Bazel failed to provide substantial evidence that his services were reasonable and necessary for the industrial injury. Consequently, the WCAB rescinded the prior order, dismissed the Petition for Removal, and ordered that Dr. Bazel take nothing on his lien.

WCABPetition for RemovalPetition for ReconsiderationLien ClaimantPrimary Treating PhysicianReasonable and Necessary TreatmentLabor Code Section 5402(c)Burden of ProofPreponderance of the EvidenceOMFS Review
References
8
Case No. ADJ7616554
Regular
Mar 30, 2012

MARCO ORTIZ, Deceased, LLUVIA DIAZ ORTIZ vs. COUNTY OF ALAMEDA, ALAMEDA COUNTY SHERIFF'S DEPARTMENT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has granted reconsideration of a January 9, 2012 decision concerning the deceased worker Marco Ortiz, with Lluvia Diaz Ortiz as applicant, against the County of Alameda and its Sheriff's Department. Reconsideration was sought by the defendant. The Board believes further study of the factual and legal issues is necessary to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationAlameda County Sheriff's DepartmentSedgwick Claims Management ServicesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemMarguerite SweeneyRaymond E. Frost & Associates
References
0
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