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Case Law Database

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

Case No. ADJ838366
Regular
Sep 28, 2009

RICARDO MARTINEZ (Deceased) MARIA MARTINEZ (Widow) vs. OLIVER TRUCKING COMPANY, INC.; GRANT WEST CASUALTY

The Workers' Compensation Appeals Board (WCAB) has denied a Petition for Removal in the case of Ricardo Martinez (deceased) v. Oliver Trucking Company, Inc. The Board adopted the findings of the administrative law judge, finding no grounds to disturb the prior decision. Therefore, the petition seeking removal of the case for further review has been formally denied.

Petition for RemovalWorkers' Compensation Appeals BoardDeceased ApplicantOliver Trucking CompanyGrant West CasualtyADJ838366LAO 0882518Administrative Law Judge ReportDenied RemovalAlfonso J. Moresi
References
Case No. ADJ8859169
Regular
Jun 23, 2015

ERNESTO SALAZAR vs. BOONE TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the applicant, Ernesto Salazar, sought reconsideration of a prior decision that deemed him an independent contractor. The Appeals Board rescinded the prior ruling and found Salazar to be an employee of Boone Trucking, Inc. The Board emphasized Boone Trucking's right to control Salazar's work, including daily instructions on assignments, hours, locations, and pay. Furthermore, Salazar was required to use defendant's equipment and follow specific invoicing protocols, indicating his integral role in the company's regular business.

Independent ContractorEmployeeRight to ControlBorello factorsTruck DriverBoone TruckingWorkers' Compensation Appeals BoardReconsiderationFindings and OrderLabor Code
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 Defendant argued the WCJ erred by relying on an outdated medical report and that the claim is time-barred. The Board rescinded the prior award and returned the case to the trial level for further proceedings and a new decision specifically on the date of cumulative trauma injury.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. FRE 186612
Regular
Mar 26, 2008

, Jose Maravilla, vs. , JOSE AND FLORENCIA ALVERNAZ and CIGA, by CAMBRIDGE INTERGRATE SERVICES for FREMONT INSURANCE COMPANY, in liquidation; LIBERTY MUTUAL INSURANCE COMPANY; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS

This case involves Liberty Mutual/Golden Eagle Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma injury to both knees. The WCAB denied reconsideration, finding the Statute of Limitations defense was waived and that the *Benson* case regarding allocation of disability cause was not applicable as there was only one industrial injury. The WCAB adopted the WCJ's report in its entirety for its denial.

Workers' Compensation Appeals BoardJose MaravillaJose and Florencia AlvernaCIGAFremont Insurance CompanyLiberty Mutual Insurance CompanyCalifornia Indemnity Insurance CompanyGAB RobinsFRE 186612Opinion and Order Denying Petition for Reconsideration
References
Case No. ADJ10509688
Regular
May 02, 2018

FRANCISCO HERNANDEZ vs. KVS TRUCKING, Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY

State National Insurance Company (SNIC) sought removal of a WCJ's order scheduling a Mandatory Settlement Conference to determine the identity of the applicant's employer and SNIC's policy coverage. SNIC argued this would cause prejudice and irreparable harm. The WCAB denied the petition, finding that removal is an extraordinary remedy requiring a showing of significant harm, which SNIC failed to demonstrate. The WCAB affirmed the WCJ's decision, allowing the parties to proceed with resolving the employer identity issue.

Uninsured employerUninsured Employers Benefit Trust FundIdentity of employerPetition for RemovalMandatory Settlement ConferenceIndustrial injuryTruck driverCoverage determinationPrejudiceIrreparable harm
References
Case No. ADJ9090850
Regular
Jun 28, 2017

VINCE FERRAGAMO vs. ST. LOUIS RAMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY, in liquidation, HOME INSURANCE COMPANY, in liquidation, BUFFALO BILLS, INC., GREEN BAY PACKERS, NORTHWESTERN NATIONAL INSURANCE COMPANY merged with HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardVince FerragamoSt. Louis RamsFremont Indemnity CompanyHome Insurance CompanyBuffalo BillsGreen Bay PackersNorthwestern National Insurance CompanyHighlands Insurance Companycumulative trauma
References
Case No. ADJ18217235; ADJ18217236
Regular
Apr 29, 2025

Crispin Bermudez vs. Elkhorn Packing Company, LLC; Zenith Insurance Company

The Workers' Compensation Appeals Board addressed a petition for reconsideration filed by Zenith Insurance Company challenging an arbitrator's finding that applicant Crispin Bermudez was covered by a workers' compensation policy despite signing a waiver. The Board granted the petition, rescinded the arbitrator's decision, and issued a new decision. It found that as a managing member of a limited liability company, Bermudez had executed a valid written waiver of his workers' compensation rights under Labor Code sections 3351(f) and 3352(a)(17). Consequently, the applicant was deemed excluded from the definition of an employee and thus not entitled to workers' compensation coverage.

Workers' CompensationManaging MemberWaiver of CoverageLabor Code Section 3352(a)(17)Conclusive PresumptionIndustrial InjuryPetition for ReconsiderationArbitrator's DecisionRescinded DecisionLimited Liability Company
References
Case No. ADJ7110663
Regular
May 09, 2016

WILLIAM BO MATTHEWS vs. SAN DIEGO CHARGERS, ZENITH INSURANCE COMPANY, NEW YORK GIANTS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, DENVER GOLD, THE NORTH RIVER INSURANCE COMPANY

This case involves a petition for reconsideration of an arbitrator's decision regarding workers' compensation liability for a professional football player's cumulative trauma injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified the arbitrator's award, finding the applicant sustained two separate cumulative trauma injuries due to distinct periods of employment exposure. Consequently, the WCAB ruled that the petitioner, Insurance Company of North America/ACE USA (ESIS), is not liable for contribution to another insurer, The North River Insurance Company (NRIC), which had mistakenly paid a portion of a settlement. The Board affirmed the finding of two injuries, citing a significant break in employment as creating separate compensable periods, but rescinded the award to NRIC, holding NRIC should recover nothing from ESIS.

WCABPetition for ReconsiderationArbitration DecisionContributionCumulative InjuryProfessional Football PlayerInsurance Company of North America/ACE USAZenith Insurance CompanyThe North River Insurance CompanyLabor Code Section 5500.5
References
Case No. ADJ4445992 (MON 0029719)\nADJ887768 (MON 0029718)
Regular
Mar 30, 2017

BERNARD BILLIK vs. HUGHES AIRCRAFT COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, WAUSAU INSURANCE COMPANY

The Court of Appeal ordered the Workers' Compensation Appeals Board (WCAB) to award applicant's attorney's fees for responding to a denied petition for writ of review. The applicant's counsel and the defendant's insurer subsequently stipulated to attorney's fees and costs totaling $6,492.50. The WCAB found this amount reasonable and issued an award for these fees and costs against Wausau Insurance Company, payable in addition to any compensation owed to the applicant.

Workers' Compensation Appeals BoardAttorney's FeesLabor Code § 5801Petition for Writ of ReviewRemandStipulationAppellate Attorney's FeesWausau Insurance CompanyHughes Aircraft CompanyLiberty Mutual Insurance Company
References
Case No. ADJ6680977
Regular
Jan 25, 2011

DALVIR SINGH vs. YRE TRUCKING, UEBTF, TRANSGUARD INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted Transguard Insurance Company's petition for removal, rescinding the order joining Transguard as a defendant. Transguard correctly argued it was not YRE Trucking's workers' compensation insurer and had no liability for workers' compensation benefits. The applicant's claim for workers' compensation benefits stemmed from an alleged employment relationship, while Transguard's policy covered independent contractors. The WCAB determined it lacked jurisdiction over Transguard's accident insurance policy and therefore could not properly join Transguard as a party.

Petition for RemovalTransguard Insurance CompanyYRE TruckingUninsured Employers Benefits Trust Fundindependent contractoremployeeworkers' compensation insureraccident insuranceindustrial injuryWCAB jurisdiction
References
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