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

Case No. ADJ7094228
Regular
Jun 04, 2013

NINA MEISTER vs. CLINE CELLARS AND VINTNERS, INDEPENDENT PRODUCERS SELF INSURANCE PROGRAM

The Workers' Compensation Appeals Board (WCAB) rescinded the prior Findings and Award based on a settlement agreement reached by the parties. The WCAB returned the case to the trial judge to consider the parties' Stipulations with Request for Award. This action was taken after the WCAB had granted reconsideration of the original award. If settlement is not finalized, the original award may be reinstated.

Workers' Compensation Appeals BoardNina MeisterCline Cellars and VintnersIndependent Producers Self Insurance ProgramADJ7094228Petition for ReconsiderationFindings and AwardIndustrial InjuryRight Lower ExtremityRight Knee
References
Case No. ADJ2450523 (MON 0361699), ADJ3686785 (MON 0361700), ADJ6526089, ADJ6527240, ADJ6527336
Regular
Nov 07, 2013

NINA IGLESIAS vs. ORIENT TALLY COMPANY, NATIONAL INTERSTATE INSURANCE COMPANY

In *Iglesias v. Orient Tally Company*, the Workers' Compensation Appeals Board (WCAB) issued an order dismissing a petition for removal. The petitioner filed the petition for removal and subsequently withdrew it. Due to this withdrawal, the WCAB deemed the petition dismissed and will take no further action.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalDismissedWithdrawnNina IglesiasOrient Tally CompanyNational Interstate Insurance CompanyADJ2450523Long Beach District OfficeMarina del Rey District Office
References
Case No. ADJ4634338 (MON 0262377)
Regular
Jun 24, 2009

NINA GOODRICH vs. UNILAB/QUEST DIAGNOSTICS, SEDGWICK CLAIMS MANAGEMENT SERVICES, AMERICAN CASUALTY CO. OF READING, PA, CNA CLAIMSPLUS, VALLEY HEALTH SYSTEMS, TRISTAR RISK MANAGEMENT, ZURICH INSURANCE CO.

This case concerns a dispute over contribution claims following a cumulative injury to the applicant. The Workers' Compensation Appeals Board granted reconsideration, rescinded an arbitration finding, and remanded the matter for further proceedings. The Board found that Sedgwick, which paid over $180,000 in benefits, was not required to file a petition for contribution under section 5500.5 because it was not a signatory to the Compromise and Release (C&R). Furthermore, the Board held that even if Sedgwick had been required to file, the co-defendant CNA would be estopped from asserting the statute of limitations due to stipulations in the C&R reserving contribution rights. The Board concluded Sedgwick's claim for reimbursement was not time-barred.

Workers' Compensation Appeals BoardNina GoodrichUnilabQuest DiagnosticsSedgwick Claims Management ServicesAmerican Casualty Co.CNA ClaimsplusValley Health SystemsTristar Risk ManagementZurich Insurance Co.
References
Case No. ADJ4634338 (MON 02262377) ADJ614711 (MON 0288710)
Regular
Dec 07, 2009

NINA GOODRICH vs. UNILAB/QUEST DIAGNOSTICS, SEDGWICK CLAIMS MANAGEMENT SERVICES, AMERICAN CASUALTY CO. OF READING, PA, CNA CLAIMSPLUS, VALLEY HEALTH SYSTEMS, TRISTAR RISK MANAGEMENT, ZURICH INSURANCE CO.

Zurich's petition for reconsideration of the June 24, 2009 Opinion and Order Granting Reconsideration and Decision After Reconsideration is denied for the reasons stated in prior opinions.

Workers' Compensation Appeals BoardNina GoodrichUnilab/Quest DiagnosticsSedgwick Claims Management ServicesAmerican Casualty Co.Valley Health SystemsTristar Risk ManagementZurich Insurance Co.Labor Code section 5500.5Arbitration Finding of Facts
References
Case No. ADJ10762593
Regular
Feb 06, 2023

NICHOLAS KOBE vs. CITY OF LOS ANGELES, AIMS

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration, upholding the finding that firefighter Nicholas Kobe's TMJ/myofascial pain injury was compensable. The Board adopted the judge's report, which determined that the applicant was not the initial physical aggressor in an altercation with a fellow firefighter, as the initial physical contact was initiated by the other firefighter. Therefore, Labor Code §3600(a)(7) did not bar the claim, and the applicant was awarded temporary and permanent disability benefits. The defense exclusively argued the initial physical aggressor defense, which the Board found inapplicable based on the facts.

Initial physical aggressor defenseLabor Code §3600(a)(7)TMJ/myofascial painPanel Qualified Medical EvaluatorNina Nattiv DDSfirefighter injurytemporary disabilitypermanent disabilitywage calculationattorney fees
References
Case No. ADJ9785760
Regular
Jan 17, 2017

MARGARITO SANDOVAL vs. RECANA, LLC, UNINSURED; NINA'S MEXICAN FOOD

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding it was improperly filed against an order that was not a final determination. The WCAB also denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted by the circumstances. The WCJ had properly vacated an order of dismissal without prejudice, retaining jurisdiction and allowing the applicant to pursue their claim. The Board found no substantial prejudice or irreparable harm to the defendant.

Petition for ReconsiderationPetition for RemovalOrder Vacating Order of DismissalDismissal without prejudicePetition for Dismissal for Lack of ProsecutionNotice of Intention to DismissLabor Code section 5410Labor Code section 5803substantial justiceextraordinary remedy
References
Case No. ADJ3118798 (LAO 0821877), ADJ1735055 (LAO 0821878), ADJ804986 (LAO 0821879)
Regular
Aug 25, 2011

NINA SINISTSYNA vs. OLYMPIC REHABILITATION CENTER, STATE COMPENSATION INSURANCE FUND, EVEREST NATIONAL INSURANCE COMPANY c/o ACCA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For CREDIT GENERAL, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Workers' Compensation Judge's (WCJ) July 1, 2011 decision. The WCAB rescinded the WCJ's decision and returned the matter for further proceedings and a new decision by the WCJ. This action is not a final determination on the merits of the case.

WORKERS' COMPENSATION APPEALS BOARDOLYMPIC REHABILITATION CENTERSTATE COMPENSATION INSURANCE FUNDEVEREST NATIONAL INSURANCE COMPANYCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONCREDIT GENERALIn LiquidationADJ3118798ADJ1735055ADJ804986
References
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