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Case Law Database

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

Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
0
Case No. ADJ10786752
Regular
Jun 18, 2018

Marco Urbina vs. Taylor Walk, Inc., Pacific Compensation Insurance Company, Republic Underwriters Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company. The WCAB found that the Order Denying Petition for Joinder was not a final order, thus dismissing the petition for reconsideration. The Board determined that Pacific Compensation Insurance Company was prejudiced by the denial, as it prevented them from pursuing contribution from Republic. The case was returned to the trial level for further proceedings consistent with the WCAB's decision.

Petition for ReconsiderationPetition for RemovalPetition for JoinderCompromise and ReleaseLabor Code Section 5500.5Supplemental ProceedingsContribution ProceedingsDue ProcessCumulative Trauma InjuryDiscovery Rights
References
20
Case No. ADJ17257403
Regular
Aug 12, 2025

Dany aka Daniel Mendez Castillo vs. Better Nutritionals, LLC; Technology Insurance Company, Inc.

The Workers' Compensation Appeals Board addressed a Petition for Reconsideration filed by State National Insurance Company (SNIC) against an Order of Joinder. SNIC argued that its previous dismissal, albeit without prejudice, should bar rejoinder based on res judicata or collateral estoppel. The Board found significant due process violations, including defective notice and service, in the process of rejoining SNIC as a party defendant. Consequently, the Appeals Board granted the petition, rescinded both the May 21, 2025 Order of Joinder and the March 13, 2024 Order Dismissing Party Defendants, and returned the case to the trial level for further proceedings consistent with due process requirements.

Petition for ReconsiderationOrder of JoinderCollateral EstoppelRes JudicataProfessional Employer OrganizationInsurer LiabilityStipulationWithout PrejudiceDue ProcessFair Hearing
References
20
Case No. ADJ10030620, ADJ10030622
Regular
Jan 12, 2018

ANTONIO CORONA SOSA vs. DANA INVESTMENT LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, Marwan Khader Alrifai

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration from an order joining a substantial shareholder due to the order not being a final determination. However, the WCAB granted a petition for removal, treating the filing as such, because the shareholder was allegedly denied due process by not being properly served and given an opportunity to respond. The WCAB rescinded the joinder order, returning the matter to the trial level to allow the shareholder to present their case. This decision ensures due process by permitting the shareholder to respond to the joinder petition and present evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSubstantial ShareholderDue ProcessPetition for JoinderFinal OrderInterlocutory OrderExtraordinary RemedySubstantial Prejudice
References
13
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
References
16
Case No. LAO 855288, LAO 826074
Regular
Jul 18, 2008

BEATRIZ CARDENAS vs. SUPERIOR SUPER WAREHOUSE, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board granted removal and reversed an order that denied the joinder of Zurich American Insurance as a party defendant. The Board found that Everest established a sufficient basis for joining Zurich in the cumulative trauma case based on WCIRB documents indicating Zurich provided coverage during the injury period. Reconsideration was dismissed as the order denying joinder was not a final determination.

JoinderRemovalReconsiderationWCABWCJCumulative TraumaContributionInsurer CoverageCompromise and ReleaseDeclaration of Readiness
References
0
Case No. ADJ10561426 ADJ10561449
Regular
Jan 29, 2020

SANTOS HERNANDEZ vs. ILINK BUSINESS MANAGEMENT, INC., STATE COMPENSATION INSURANCE FUND, AIG for COMMERCE AND INDUSTRY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning a prior order that had denied joinder of the Uninsured Employers Benefits Trust Fund (UEBTF). This decision was based on a procedural defect where the joinder petition was filed before substituted service was completed. However, since service was subsequently completed, the WCAB found it judicially economical to grant removal and join the UEBTF as a party defendant. The UEBTF is now ordered to be joined, and all parties must serve them with relevant case documents.

Petition for RemovalUninsured Employers Benefits Trust FundSubstituted ServiceJudicial EconomyRescinded OrderDirector of Industrial RelationsOfficial Address RecordApplication for Adjudication of ClaimSpecial Notice of LawsuitProof of Service
References
0
Case No. SAC 339624
Regular
Jul 21, 2008

GARY RAUSSER vs. CONSOLIDATED PERSONNEL CORPPORATION and CIGA, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., LEGION INSURANCE

CIGA sought reconsideration and removal after the WCJ denied their request to join Benjamin Moore Paints, arguing it was a necessary defendant. However, the Board dismissed CIGA's Petition for Reconsideration, finding the order denying joinder was not a final order, and denied the Petition for Removal, as CIGA failed to demonstrate significant prejudice or irreparable harm. The Board adopted the WCJ's reasoning that Benjamin Moore was already a party defendant, making further joinder unnecessary.

Workers' Compensation Appeals BoardCIGAPetition for ReconsiderationPetition for RemovalWCJInterlocutory Procedural OrderFinal OrderDue Process RightsGeneral/Special EmploymentJoinder of Defendants
References
5
Case No. ADJ8905655
Regular
Nov 09, 2015

JAN MELLEMA vs. CHEVRON, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Zurich's Petition for Reconsideration and denied its Petition for Removal. Zurich sought reconsideration of an order joining it as a defendant, but the Board found that reconsideration is only available for final orders, not interlocutory ones like party joinder. While Zurich's petition was timely, the Board denied removal because Zurich failed to demonstrate substantial prejudice or irreparable harm from the joinder. The Board remanded the case for further proceedings to determine the correct parties.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalJoinder of Party DefendantInterlocutory OrderFinal OrderSubstantive RightIrreparable HarmDefective ServiceTimeliness
References
13
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