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Case Law Database

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

Case No. ADJ7395742

Regular

Jul 20, 2012

DWIGHT SMITH vs. DETROIT LIONS, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board denied the defendant's Petition for Removal because the case had already proceeded to trial and was submitted for decision, making reconsideration an adequate remedy after a final WCJ order. The defendant's argument that California lacked jurisdiction due to an employment contract clause was not raised until after discovery closed and the trial date was set. The WCAB emphasizes that issues regarding jurisdiction can and should be raised during reconsideration following a WCJ decision, not through a premature petition for removal at this stage.

Petition for RemovalJurisdictionContract of EmploymentMichiganArbitrationProfessional Football PlayerMandatory Settlement ConferencePretrial Conference StatementPetition Requesting Order To Stay ProceedingsWCAB Rule 10843(a)

References

Case No. ADJ2608381 (VNO 0557652)

Regular

Mar 15, 2010

LINDA HARRIS-BOYD vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE COMPANY

This case concerns the application of Labor Code section 4656(c)(1), which limits temporary disability indemnity to 104 weeks within a two-year period. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award because the administrative law judge (ALJ) incorrectly concluded that out-of-state compensation payments did not trigger the two-year limit. The WCAB clarified that section 4656(c)(1) applies to all temporary disability, regardless of whether it's total or partial, and includes payments made under foreign jurisdictions. The case was remanded for further proceedings to determine the commencement date of temporary disability payments and calculate any additional indemnity due.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year periodMichigan lawaggregate disability paymentstemporary partial disabilitytemporary total disabilitySB 899Industrial Disability Leave

References

Case No. ADJ11048026

Regular

Oct 22, 2019

RITO TREVINO vs. COMCAST OF CALIFORNIA/ MASSACHUSETTS/ MICHIGAN/ UTAH, LLC, ACE AMERICAN INSURANCE CO.

The applicant sought reconsideration of an order approving a compromise and release for bilateral upper extremity injuries. He claimed newly discovered medical evidence warranted setting aside the settlement. The Appeals Board dismissed the petition as premature because no evidence or testimony under oath supported these claims. The Board recommended the judge hold a hearing to allow parties to present evidence regarding good cause to set aside the settlement.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationNewly discovered medical evidenceGood causeSet asideDue processFair hearingStipulationsMutual mistake of fact

References

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DWIGHT SMITH vs. DETROIT LIONS, LIBERTY MUTUAL INSURANCE COMPANY

LINDA HARRIS-BOYD vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE COMPANY

RITO TREVINO vs. COMCAST OF CALIFORNIA/ MASSACHUSETTS/ MICHIGAN/ UTAH, LLC, ACE AMERICAN INSURANCE CO.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationNewly discovered medical evidenceGood causeSet asideDue processFair hearingStipulationsMutual mistake of fact