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

Case No. ADJ7935519
Regular
Nov 04, 2014

JORGE RINCON vs. PACIFIC WHEY BAKING COMPANY, TRISTAR

The Workers' Compensation Appeals Board dismissed Jorge Rincon's Petition for Reconsideration against Pacific Whey Baking Company and Tristar. The dismissal was primarily because the petition was untimely filed. Even if it had been timely, the Board would have denied it on the merits based on the WCJ's report.

Petition for ReconsiderationUntimely FilingDismissalWorkers' Compensation Appeals BoardWCJ ReportDenied on MeritsAdministrative Law JudgeCase NumberSanta Ana District OfficePacific Whey Baking Company
References
0
Case No. MISSING
Regular Panel Decision

MBB Realty Ltd. Partnership v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.)

This is an appeal from a Bankruptcy Court order denying summary judgment for the appellant, MBB Realty Limited Partnership, and granting it for the appellee, The Great Atlantic & Pacific Tea Company, Inc. The dispute centered on a commercial lease, which was amended to include percentage rent and later involved A&P's plan to further downsize, leading to a contested letter agreement regarding new percentage rent terms and property alterations. The Bankruptcy Court found the letter agreement void for lack of consideration, despite A&P's subsequent payments, a decision MBB appealed. The District Court affirmed, concluding that MBB's alleged consent to exterior changes or store downsizing did not constitute valid consideration, as these actions were either not explicitly agreed upon or already permissible under the existing lease terms, thus rendering the agreement unenforceable. Consequently, arguments about ratification or the satisfaction of conditions precedent were deemed irrelevant for a void contract.

Contract LawConsiderationParol Evidence RuleSummary JudgmentBankruptcy AppealCommercial LeasePercentage RentLease AmendmentRatificationGood Faith and Fair Dealing
References
64
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The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company.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. ADJ847031
Regular
Dec 10, 2010

CARLOS REYES vs. EL POLLO LOCO, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration in the case of Carlos Reyes v. El Pollo Loco and Pacific Compensation Insurance Company. The Board adopted the WCJ's report as the basis for the denial. Additionally, the Board corrected a clerical error in the caption of the September 20, 2010 Findings and Order to accurately reflect the defendant's name as "Pacific Compensation Insurance Company." Therefore, the reconsideration is denied, and the caption is corrected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings and OrderClerical ErrorEAMSCaption CorrectionDefendant Name CorrectionIN-HOUSE LITIGATION DEPARTMENTUNIVERSAL ASSIGNED NAME
References
0
Case No. ADJ4134943 (LAO 0800933), ADJ2639030 (LAO 0847979)
Regular
Jan 14, 2016

ARTURO GUILLEN vs. PRO AMERICA PREMIUM TOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, PACIFIC NATIONAL INSURANCE COMPANY, HIGHLANDS INSURANCE COMPANY

This case involves a petition for reconsideration by Highlands Insurance Company regarding a prior decision that found the applicant sustained two cumulative trauma injuries. The Workers' Compensation Appeals Board affirmed its prior decision, finding one injury occurred when Pacific National Insurance Company was the insurer and the second injury occurred when Highlands was the insurer. Highlands argued the applicant sustained only one cumulative trauma injury or a single specific injury. The Board denied Highlands' petition, upholding the determination of two distinct cumulative trauma injuries.

Cumulative trauma injuryCalifornia Insurance Guarantee AssociationCIGAPacific National Insurance CompanyHighlands Insurance CompanyPro America Premium ToolsPetition for ReconsiderationDecision After Reconsiderationinsurer in liquidationservicing facility
References
1
Case No. ADJ1543435
Regular
Feb 04, 2013

Sergio Cordero vs. Michael Bernier dba Pacific Services, Stellrecht Company, State Compensation Insurance Fund, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant was injured in the course and scope of employment with an unlicensed contractor, Michael Bernier. The Board gave great weight to the Workers' Compensation Judge's credibility determination regarding the employer's testimony. The applicant's injury occurred while he was directed by Bernier to remove solar panels from a property owned by Stellrecht Company. The Board clarified the distinction between "course of employment" and "scope of employment" in workers' compensation law to affirm the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilitycourse and scope of employmentunlicensed contractoruninsured contractorgeneral-special relationshipLabor Code §2750.5B&P §7125.2Blew v. Horner
References
5
Case No. 11 Civ. 804
Regular Panel Decision

China Media Express Holdings, Inc. ex rel. Barth v. Nexus Executive Risks, Ltd.

Plaintiff China MediaExpress Holdings, Inc., through its receiver, sued its insurers, American Home Assurance Company, China Pacific Insurance Co., and China Ping An Insurance (Hong Kong) Company Ltd., for breach of contract due to their refusal to defend and indemnify CME in underlying securities litigation. The defendant insurers moved to dismiss the complaint and compel arbitration in Hong Kong, citing arbitration clauses in their respective policies. The District Court granted the defendants' motions, finding the arbitration clauses to be broad and enforceable under the Federal Arbitration Act and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Court determined that all of CME's claims were subject to arbitration and, in accordance with Second Circuit precedent, stayed the proceedings pending arbitration in Hong Kong.

ArbitrationInternational ArbitrationFederal Arbitration ActConvention on the Recognition and Enforcement of Foreign Arbitral AwardsBreach of ContractInsurance Coverage DisputeSecurities LitigationStay of ProceedingsMotion to Compel ArbitrationReceiver
References
34
Case No. ADJ7688900
Regular
Feb 25, 2016

HARLETHE MORA vs. FIFTH & PACIFIC COMPANIES, HARTFORD CASUALTY INSURANCE COMPANY

In *Mora v. Fifth & Pacific Companies*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration. This action was taken to allow the Board further time to thoroughly review the factual and legal issues presented in the case. The WCAB will conduct further proceedings as deemed necessary to reach a just and reasoned decision. All subsequent filings related to this petition must be submitted directly to the WCAB's Commissioners in San Francisco, not the district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationFifth & Pacific CompaniesLiz ClaiborneLucky Brand JeansHartford Casualty Insurance CompanyBradsireADJ7688900Los Angeles District Office
References
1
Case No. ADJ685961 (VEN 0120428) ADJ3005615 (PAS 0035964)
Regular
Aug 06, 2018

STEPHANIE CURRY vs. PACIFIC CARE BEHAVIORAL HEALTH CARE, INC., THE TRAVELERS INSURANCE COMPANY, ROSEMARY COTTAGE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Applicant Stephanie Curry suffered industrial injuries from employment with Pacific Care Behavioral Health Care, Inc. and Rosemary Cottage, leading to disputes regarding the scope of injury and compensation. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of prior awards against CIGA and Travelers Insurance Company. Ultimately, the parties entered into a Compromise and Release agreement, which the WCAB approved, resolving all claims for a settlement payment of $1,363,071.00 from Travelers to applicant, thereby rescinding the prior findings and awards.

Workers' Compensation Appeals BoardStephanie CurryPacific Care Behavioral Health CareInc.Fremont Indemnity CompanyliquidationSedgwick Claims Management Servicesconsequential injurynew and further disabilitytemporary partial disability
References
0
Case No. ADJ9981476
Regular
May 02, 2016

FAHEEM HABEEBULLAH vs. TAYLOR FARMS, PACIFIC ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. This denial was based on the judge's report, which found that the applicant failed to produce necessary medical evidence and properly object to procedural filings. The applicant's attorney was admonished for referencing excluded evidence and for failing to take timely action to obtain critical medical reports. The applicant may petition to reopen on grounds of new and further disability.

WCABPetition for ReconsiderationWCJ ReportPanel Qualified Medical EvaluatorDeclaration of Readiness to ProceedMandatory Settlement Conferenceindustrial injurynew and further disabilityadmissible evidenceDWC-1 Workers' Compensation Form
References
0
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