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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. SAC 0300070
Regular
Aug 28, 2007

HAROLD RANDALL vs. REMEDY INTELLIGENT STAFFING, C.I.G.A., INTERCARE INSURANCE SERVICES, RELIANCE NATIONAL INSURANCE, MCKESSON CORPORATION, OLD REPUBLIC INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the Administrative Law Judge erred in finding the applicant was not a special employee of McKesson Corporation. The Board found that McKesson exercised sufficient control and supervision over the applicant, who was provided by a temporary staffing agency, to establish a special employment relationship. The case is returned to the trial level for further proceedings and decision on all outstanding issues.

Special employmentDual employmentTemporary employment agencyControl and directionBorrowing employerGeneral employerIndustrial injuryPermanent disabilityQualified medical evaluatorReconsideration
References
Case No. ADJ2655171 (LAO 0886561) ADJ1429155 (LAO 0862514)
Regular
May 22, 2012

GUILLERMO HERNANDEZ vs. MCKESSON CORPORATION, SEDGWICK CMS, INC.

This case involves reconsideration sought by both applicant Guillermo Hernandez and defendant McKesson Corporation/Sedgwick CMS, Inc., regarding prior decisions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because an initial review indicated the need for further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all communications must be filed in writing with the WCAB Commissioners in San Francisco, not with any district office or e-filed.

Workers' Compensation Appeals BoardReconsideration GrantedMcKesson CorporationSedgwick CMSInc.Guillermo HernandezStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned Decision
References
Case No. ADJ6765018
Regular
Nov 13, 2015

MARTIN GUERRERO vs. McKESSON CORPORATION, OLD REPUBLIC INSURANCE

The Appeals Board reversed the WCJ's decision, holding that the statutory timeframes for Independent Medical Review (IMR) determinations are directory, not mandatory. Therefore, IMR decisions issued late are still valid and binding on the applicant. The Board concluded that the Legislature's intent was for IMR to be the sole avenue for resolving medical treatment disputes post-utilization review, ensuring consistent application of evidence-based standards. The case was returned to the trial level for further proceedings consistent with this decision.

Independent Medical ReviewIMRAdministrative DirectorLabor Code Section 4610.6Directory vs. Mandatory TimeframesMedical Treatment DisputesUtilization ReviewMedical NecessityWorkers' Compensation Appeals BoardSB 863
References
Case No. ADJ8903041
Regular
Jul 01, 2014

MAGALI MANRIQUE DE ARCHA vs. MCDONALD'S/SANCHEZ FAMILY CORPORATION, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

This order dismisses Magali Manrique de Archa's Petition for Removal in her workers' compensation case against McDonald's/Sanchez Family Corporation. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report, which recommended dismissal. The Board found no grounds to grant removal, thus dismissing the petition.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSan Bernardino District OfficeSanchez Family CorporationCalifornia Restaurant Mutual Benefit CorporationAmerican Claims ManagementAlvandi Law Group
References
Case No. ADJ8493192, ADJ8386046
Regular
Feb 05, 2016

HECTOR CAMPOS vs. CELL-CRETE CORPORATION, OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC., INFRASOURCE, OLD REPUBLIC INSURANCE COMPANY

This case involves applicant Hector Campos seeking reconsideration of a Findings and Award concerning cumulative injuries sustained while employed by Cell-Crete Corporation and Infrasource. The Workers' Compensation Judge (WCJ) found applicant sustained a curable injury at Cell-Crete but no injury at Infrasource. Applicant argued improper consolidation and need for further discovery, while Cell-Crete asserted a post-termination defense and challenged the WCJ's reliance on an Agreed Medical Evaluator's opinion. The Workers' Compensation Appeals Board (WCAB) reviewed the petitions and answers, ultimately adopting the WCJ's report and denying reconsideration, affirming the original Findings and Award.

Workers' Compensation Appeals BoardCell-Crete CorporationOld Republic General Insurance CorporationGallagher Bassett ServicesInc.InfrasourceOld Republic Insurance CompanyADJ8493192ADJ8386046Deputy Commissioner
References
Case No. ADJ17849976
Regular
Oct 07, 2025

ESTEFANY MICHELLE OSORIO vs. SPACE EXPLORATION TECHNOLOGIES CORPORATION, CORVEL CORPORATION

The Appeals Board observed a proposed settlement while reconsideration was pending. Citing California Code of Regulations, title 8, section 10961, which prohibits the District Office from acting on a case under reconsideration, the Board rescinded the prior decision from which reconsideration was sought. The matter is returned to the trial level, allowing the Workers' Compensation Administrative Law Judge (WCJ) to review the proposed settlement. Should the WCJ not approve the settlement, the original decision may be reinstated, at which point any aggrieved party may seek reconsideration. This decision does not address the merits of the issues pending reconsideration.

ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJVan Nuys District OfficeSpace Exploration Technologies CorporationCorvel CorporationAdjudication Number
References
Case No. ADJ7793905, ADJ7793938
Regular
Feb 25, 2014

SHEDERICK FOWLKS vs. LUBE PIT STOP, INC., ADVANTAGE WORKERS' COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding the applicant, Shderick Fowlks, not covered by workers' compensation. Fowlks, an officer and sole shareholder of Lube Pit Stop, Inc., was deemed an employee under Labor Code section 3351(c) but excluded from compensation coverage by section 4151(a) because the corporation lacked specific election through a compensation policy. The WCAB clarified that while officers are generally employees, sole shareholder-officers require election to be covered, which was not demonstrated here due to policy exclusions. Therefore, Fowlks' claims for injuries sustained while working for the corporation were dismissed.

Labor Code section 3351(c)corporate officersole shareholderworkers' compensation coverageelectioninsurance policyexclusionshamadministrative law judgePetition for Reconsideration
References
Case No. ADJ9928707
Regular
Oct 20, 2017

Victorino Aragon Orta vs. Classic Party Rentals, Old Republic General Insurance Co.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the Administrative Law Judge's (ALJ) order disallowing Reshealth Medical Group's lien. The ALJ had found the assignment of the lien invalid due to an undated, untitled, and illegibly signed document, and because Reshealth was a suspended corporation. However, the WCAB found that the ALJ failed to provide a sufficient opinion, develop the record regarding Reshealth's corporate status and the assignment date, and potentially denied due process by raising the assignment's validity sua sponte without notice. The case was returned to the trial level for further development of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAssignment ValiditySuspended CorporationCorporate StatusStandingLien DisallowanceDue ProcessFair Hearing
References
Case No. VNO 0457283
Regular
Aug 28, 2007

GREGORY BRIDGES vs. FILM PAYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, by BROADSPIRE, KELLEY PRODUCTIONS, INC., NATIONAL SURETY CORPORATION now FIREMAN'S FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award and returned the case for further proceedings to determine if the special employer's insurer, National Surety Corporation, provides "other insurance" under Insurance Code section 1063.1(c)(9). The WCAB ruled that a prior appellate decision did not collaterally estop CIGA from asserting this issue and found that the National Surety Corporation policy may constitute such "other insurance." The case now requires a determination on the merits of whether National Surety Corporation's policy is available to applicant, impacting CIGA's liability.

CIGALegion Insurance CompanyNational Surety CorporationFireman's Fundgeneral employerspecial employerjointly and severally liableother insuranceInsurance Code section 1063.1(c)(9)collateral estoppel
References
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