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

Case No. ADJ9352393, ADJ9352398, ADJ9531390
Regular
Apr 21, 2016

NORMAN WESEMAN vs. CITY OF CATHEDRAL CITY, Permissibly Self-Insured, SUPERIOR READY MIX, Permissibly Self-Insured

This case consolidates three workers' compensation claims for applicant Norman Weseman. The Appeals Board affirmed findings that claims against Superior Ready Mix (ADJ9531390) and the City of Cathedral City (ADJ9352398) for heart/hypertension and firefighter injuries were not barred by the statute of limitations. However, the Board rescinded a finding regarding a specific injury claim against the City of Cathedral City (ADJ9352393) due to insufficient medical evidence on the injury's manifestation date and returned it for further proceedings. The core legal issue concerns when the statute of limitations begins to run for latent industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDNorman WesemanCity of Cathedral CitySuperior Ready MixADJ9352393ADJ9352398ADJ9531390Findings and OrdersReconsiderationStatute of Limitations
References
Case No. ADJ7144907
Regular
Jun 26, 2012

OSVALDO BERNAL vs. NATIONAL CITY FLOOR COVERINGS, INSURANCE COMPANY OF THE WEST

This order denies Osvaldo Bernal's petition for reconsideration in his workers' compensation case against National City Floor Coverings and Insurance Company of the West. The Workers' Compensation Appeals Board adopted the administrative law judge's report and recommendations, finding no basis to overturn the original decision. Consequently, the Board officially denied reconsideration of the matter.

Workers' Compensation Appeals BoardNational City Floor CoveringsInsurance Company of the WestADJ7144907Order Denying ReconsiderationPetition for ReconsiderationAdministrative Law Judge ReportApplicantDefendantRonnie G. Caplane
References
Case No. ADJ1597303 (ANA 0386686)
Regular
Jul 31, 2013

NHAN NGUYEN vs. DMJ SPA AND NAILS, INC., dba DMJ TRUCKING, DANNY CAO DOAN, MY HOANG THI TRINH, NGHIA CONG TRINH

This Workers' Compensation Appeals Board case involves Nhan Nguyen as the applicant and DMJ Spa and Nails, Inc. and its principals as defendants. The applicant filed a petition for reconsideration of a decision dated April 30, 2013. However, the petitioner has since withdrawn their petition. Therefore, the Board has issued an order dismissing the petition for reconsideration.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardApplicantDefendantDMJ Spa and NailsInc.Danny Cao DoanMy Hoang Thi Trinh
References
Case No. ADJ3638741
Regular
Apr 24, 2009

NORMAN HOSKIN vs. SUN HEALTHCARE GROUP and CONTINENTAL CASUALTY COMPANY, administered by CNA CLAIM PLUS

The Workers' Compensation Appeals Board granted reconsideration to thoroughly review a WCJ's order allowing defendants credit for a four-year-old temporary disability indemnity overpayment against vocational rehabilitation maintenance allowance. The applicant argued against the credit and sought attorney fees for services related to retroactive VRMA. Reconsideration is necessary to ensure a complete understanding of the facts and law before issuing a final decision.

WCABReconsiderationTemporary Disability IndemnityVocational Rehabilitation Maintenance AllowanceOverpaymentCreditAttorney FeesAdministrative Law JudgePetition for ReconsiderationCNA Claim Plus
References
Case No. ADJ8816011
Regular
Oct 08, 2020

NORMAN MARTELL vs. DALTON TRUCKING, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Appeals Board granted reconsideration on defendant's petition regarding the date of cumulative trauma injury. The WCJ previously found applicant sustained a back injury but not a psychological injury. Defendant argued the WCJ erred by relying on an outdated medical report and that the claim is time-barred. The Board rescinded the prior award and returned the case to the trial level for further proceedings and a new decision specifically on the date of cumulative trauma injury. The Board expressed no final opinion on substantive issues, allowing for further reconsideration after a new decision.

Workers' Compensation Appeals BoardNorman MartellDalton Trucking Inc.Redwood Fire and Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesADJ8816011Opinion and Decision After ReconsiderationFindings and AwardWorkers' Compensation JudgeWCJ
References
Case No. VNO 0413573
Regular
Apr 04, 2008

EVELIA CENDEJAS vs. MERLE NORMAN COSMETICS, ARROWPOINT CAPITAL CORPORATION, ROYAL & SUNALLIANCE, CAMBRIDGE, STAR STAFFING SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an award, affirming the finding of special and general employment but deferring the payment of benefits. This deferral is to allow the insurers to resolve their liability dispute through mandatory arbitration, as the WCJ's decision regarding which insurer was responsible was unclear and lacked a proper legal basis. The Board clarified that once the arbitration is complete, a final award can be made.

Workers' Compensation Appeals BoardEvelia CendejasMerle Norman CosmeticsArrowpoint Capital CorporationRoyal & SunAllianceStar Staffing ServicesInc.California Insurance Guarantee Association (CIGA)Superior National Insurance CompanySpecial Employer
References
Case No. ADJ3695362 (LBO 0397415)
Regular
Jun 07, 2013

NORMAN MARTELL vs. DALTON TRUCKING, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied applicant Norman Martell's petition for reconsideration. The Board affirmed the administrative law judge's finding that Martell failed to prove his claimed industrial injuries arose from his employment. Despite multiple opportunities and extensions, Martell's counsel did not provide substantial medical evidence of industrial causation. Therefore, the Board found Martell did not meet his burden of proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryTruck DriverBack InjuryPsyche InjuryCauda Equina SyndromeUrinary Function LossBurden of ProofPreponderance of Evidence
References
Case No. ADJ10490298
Regular
Dec 13, 2019

NORMAN SILVA vs. BARRETT BUSINESS SERVICES, INC.; ON BEHALF OF ACE AMERICAN INSURANCE COMPANY, administered by CORVEL

The Appeals Board denied Norman Silva's Petition for Reconsideration because the underlying WCJ decision resolved threshold issues like employment and injury arising out of and occurring in the course of employment, making it a final order. Petitioner's challenge focused solely on the administrative issue of the QME selection, not the merits of the final findings. The Board found no grounds for removal, as petitioner failed to demonstrate significant prejudice or irreparable harm from the QME issue, nor was there evidence of ex parte communication. Consequently, the petition was denied, and the WCJ's decision stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationThreshold IssueFinal DecisionInjury Arising Out of and In the Course of Employment (AOE/COE)Employment RelationshipStatute of LimitationsRemovalPanel Qualified Medical Examiner (QME)Ex Parte Communication
References
Case No. ADJ3591939 (LAO 07459514)
Regular
Jan 09, 2009

JUANA VENEGAS vs. X-CHANGE PERSONNEL SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE, in liquidation, by BROADSPIRE, MERLE NORMAN COSMETICS, AIG CLAIMS SERVICES, INC.

AIG Claims Services, Inc. (AIG) appeals the WCJ's October 20, 2008 determination that the issue of applicant's alleged special employment by Merle Norman Cosmetics must be submitted to arbitration. The Appeals Board dismisses the petition for reconsideration, grants the petition for removal, and rescinds the submission to arbitration.

Special employmentCIGAcovered claimsarbitrationremovalreconsiderationinterim orderfinal orderprejudiceLabor Code section 5275(a)
References
Case No. ADJ6645846
Regular
Mar 21, 2014

TOM LEYBA TIMOTHY LEYBA vs. BEAU BUREAUX INTERIORS, STATE COMPENSATION INSURANCE FUND

This case concerns the allocation of attorney's fees in a workers' compensation matter. The applicant sustained injuries to multiple body parts, and a stipulation was reached regarding the injury and employment. The primary dispute was between prior counsel, Norman & Norman, and present counsel, Ufkes & Bright, over the division of the total attorney's fee award. The Appeals Board reconsidered the decision and, adopting the WCJ's recommendation, amended the fee allocation. Norman & Norman was awarded $7,684.00, while Ufkes & Bright received $21,866.00, recognizing Ufkes & Bright's longer representation and greater contribution to the case.

Workers' Compensation Appeals BoardADJ6645846Opinion and Decision After Reconsiderationindustrial injuryneckshoulderpsychebackdigestive systemurological injury
References
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