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

Case No. ADJ11914879
Regular
Sep 26, 2022

DELFINA REYES CENDEJAS vs. NOVA CONTAINER FREIGHT STATION, BARONHR, PRAETORIAN INSURANCE COMPANY, QBE AMERICA, INC.

Trion Solutions sought reconsideration of an approved Compromise and Release (C&R) that dismissed them from the case. The Board dismissed Trion's petition because they were not aggrieved, as the C&R explicitly released them from the action without any payment obligation. The Board also noted that their prior decision had already rescinded the findings Trion claimed were harmed. Therefore, Trion's petition was deemed to lack statutory merit, and they were admonished for potentially frivolous conduct.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseFindings of Fact and Opinion on DecisionSpecial EmployerTrion SolutionsBaronHRPraetorian Insurance CompanyQBE AmericaNova Container Freight Station
References
Case No. ADJ8160241, ADJ8160224
Regular
Oct 04, 2012

MIGUEL DOMINGUEZ vs. MYERS CONTAINER,LLC

This case concerns Miguel Dominguez versus Myers Container, LLC, consolidated under Case No. ADJ8160241 and ADJ8160224. A petition for removal was filed by the applicant and subsequently withdrawn. As a result of the withdrawal, the Workers' Compensation Appeals Board has issued an order dismissing the petition for removal. No further action will be taken on this matter.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMIGUEL DOMINGUEZMYERS CONTAINERLLCCCMSIADJ8160241ADJ8160224
References
Case No. ADJ6981979, ADJ6981698
Regular
Jan 17, 2014

LUZ ROMERO, LUZ ELENA ROMERO vs. DURA FREIGHT

The Workers' Compensation Appeals Board (WCAB) dismissed Dura Freight's Petition for Reconsideration in this case. The petition was deemed untimely because it was filed more than 25 days after the October 7, 2013, Order Dismissing Lien Claim Or Lien Balance. This delay exceeded the statutory 20-day filing period plus 5 days for mailing. Therefore, the WCAB dismissed the petition as procedurally invalid.

Dura Freightillegally uninsuredPetition for Reconsiderationuntimelydismissal25 daysLabor Code section 5903Code of Civil Procedure section 1013lien claimantWorkers' Compensation Appeals Board
References
Case No. ADJ1111433 (LBO 0395453)
Regular
Aug 01, 2013

LUZ ALFARO vs. NATIONAL FREIGHT INDUSTRIES, GALLAGHER BASSETT

The Workers' Compensation Appeals Board dismissed Luz Alfaro's Petition for Reconsideration against National Freight Industries because it was filed **untimely**. The applicant failed to file the petition within the statutory 20-day period, plus 5 days for mailing, after the April 18, 2013, Findings, Award and Order. Therefore, the Board adopted the judge's report and incorporated its reasoning in dismissing the petition.

Petition for ReconsiderationUntimelyWorkers' Compensation Appeals BoardWCJ ReportFindings Award and OrderLabor Code section 5903Code of Civil Procedure section 1013DismissalApplicantDefendant
References
Case No. ADJ13571625
Regular
Apr 12, 2023

MARITZA CANALES vs. EAST WEST EYE INSTITUTE, INC., NOVA CASUALTY COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration by Nova Casualty Company, the insurer for East West Eye Institute, Inc., challenging a finding of joint employment. The applicant, Maritza Canales, worked as a nanny/housekeeper, receiving simultaneous payments from East West/Premier Practice Management (PPM) and an individual, Naomi Kurata. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the judge's report which found sufficient connection to East West/PPM to establish employment based on payroll and benefits provided. The judge also found Naomi Kurata credible, rejecting arguments of witness contradiction and mischaracterization of facts regarding overtime pay.

JOINT EMPLOYMENTALTER EGOEMPLOYMENT FOLLOWS PAYROLLCORPORATE ENTITIESRESIDENTIAL EMPLOYEEHOMEOWNER'S INSURANCEWITNESS CREDIBILITYCOMPENSATION JUDGEPETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARD
References
Case No. ADJ9816136
Regular
Sep 14, 2015

JERRY LINDSEY vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

This case involves a senior systems analyst who slipped and fell in Union Station while commuting home from work. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to reverse a prior decision that found the injury compensable. The WCAB determined the injury is barred by the "going and coming rule" as the applicant was not on the employer's premises or benefiting the employer. Exceptions for premises line and travel expense did not apply because the employer did not control Union Station and the applicant was not paid for his commute.

Going and Coming RulePremises Line ExceptionTravel Expense ExceptionIndustrial InjurySenior Systems AnalystUnion StationLos Angeles County Metropolitan Transportation AuthorityLACMTACompensabilitySpecial Mission
References
Case No. ADJ2185374 (LAO 0844306)
Regular
May 15, 2014

JOHN DEL PINTO vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board affirmed an arbitrator's decision regarding reimbursement between two cities for medical treatment costs. The arbitrator awarded the City of Glendale 50% reimbursement from the City of Los Angeles for medical payments made. However, the arbitrator denied Glendale reimbursement for cost-containment expenses like bill review and utilization review. Glendale's petition for reconsideration, arguing for full apportionment recovery and reimbursement of cost-containment costs, was denied. The Appeals Board adopted the arbitrator's reasoning, affirming the original award.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardLien ClaimantReimbursementApportionmentAgreed Medical EvaluatorMedical Bill ReviewUtilization ReviewCost-Containment Expenses
References
Case No. ADJ8130896
Regular
Aug 01, 2013

MICHAEL CHASS vs. SILGAN CONTAINERS, ACE INSURANCE

The Workers' Compensation Appeals Board dismissed Michael Chass's Petition for Reconsideration because it was untimely filed. The Board found that the petition was filed more than 25 days after the May 16, 2013, Finding and Order, exceeding the statutory deadline for filing. Even if timely, the Board would have denied the petition on its merits, adopting the reasoning of the administrative law judge's report. Therefore, the petition was dismissed due to untimeliness.

Petition for ReconsiderationUntimelyDismissalWorkers' Compensation Appeals BoardWCJ Report and RecommendationLabor Code Section 5903Code of Civil Procedure Section 1013Finding and OrderAdministrative Law JudgeVan Nuys District Office
References
Case No. ADJ8799397
Regular
Jul 01, 2014

GABRIEL VASQUEZ vs. CEVA FREIGHT, LLC, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found applicant Gabriel Vasquez was an employee of CEVA Freight, LLC, reversing the original finding that he was an independent contractor. The WCAB determined that CEVA Freight exerted significant control over Vasquez's work, dictating delivery routes, times, and requiring specific attire and truck branding. Factors such as the nature of the work being part of CEVA's core business and Vasquez's limited English proficiency and education further supported the conclusion that he was an employee, not an independent contractor. This decision overturns the administrative law judge's initial order.

Workers' Compensation Appeals BoardEmployee statusIndependent contractorControl of workBorello factorsDistinct occupationSkill requiredInstrumentalitiesMethod of paymentRegular business
References
Case No. ADJ9560186
Regular
Nov 03, 2015

ROSA OLIVIA CALDERON GRIJALVA vs. NOVA MANAGEMENT, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a petition for removal filed by the applicant, Rosa Olivia Calderon Grijalva, concerning a decision issued on August 28, 2015. The applicant has withdrawn this petition for removal. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition. This dismissal is effective as of November 3, 2015.

Petition for RemovalDismissalWithdrawnWorkers' Compensation Appeals BoardNOVA MANAGEMENTINC.TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAADJ9560186Bakersfield District OfficeApplicant
References
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