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

Case No. FRE 0233278
Regular
Dec 31, 2007

DELIA G. WILSON vs. BEEF PACKERS, INC, ZURICH INSURANCE

The Appeals Board granted reconsideration to address penalties and attorney's fees awarded by the WCJ. While affirming the WCJ's decision that the defendant could not deduct permanent disability advances made before April 8, 2006, the Board reversed the penalties and attorney's fees. The Board found that ambiguities in the Compromise and Release agreement regarding deductions created reasonable doubt, thus precluding penalties for delayed payment.

Workers' Compensation Appeals BoardDelia G. WilsonBeef PackersInc.Zurich InsuranceGallagher Bassett ServicesInc.Compromise and ReleaseOrder Approving Compromise and ReleasePermanent Disability Advances
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. ADJ618967 (MON 0187838)
Regular
Jul 31, 2009

, Maria Torres, vs. , VEGE-FRESH FARMS; and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of PACIFIC RIM ASSURANCE COMPANY, in liquidation,

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's award of 100% permanent disability. The Board found that the medical evidence supporting the award was stale due to the significant time elapsed since the last evaluations by key medical experts. Consequently, the case is returned to the trial level for further medical development of the record and subsequent proceedings. The Board also noted that one doctor's apportionment opinion may be considered substantial evidence after reevaluation.

Workers' Compensation Appeals BoardMaria TorresVege-Fresh FarmsCalifornia Insurance Guarantee AssociationPacific Rim Assurance Companyliquidationadmitted industrial injurylow backright kneepsyche
References
Case No. ADJ1241059 (POM 0299949)
Regular
May 14, 2009

Jose Contreras vs. OMEGA EXTRUDING CORP OF CALIFORNIA, GALLAGHER BASSETT CORONA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior Order Approving Compromise and Release. The applicant sought review, alleging discrimination and inadequacy of the $\$ 17,500$ settlement due to fear and a lack of understanding regarding his legal status. The Board found the record incomplete, specifically noting the absence of medical reports supporting the settlement's adequacy and discrepancies in EDD payment reimbursements. Consequently, the matter was returned to the trial level for further proceedings to obtain necessary documentation and ensure the settlement's fairness.

Workers Compensation Appeals BoardCompromise and ReleaseReconsiderationIn Propria PersonaAgreed Medical ExaminerDuplicative EDD PaymentsMedical ReportsBenefits Payment RecordsTrial LevelScared
References
Case No. VNO 0522079
Regular
Mar 21, 2008

PAULA MONDRAGON vs. CONCEPT ONE, INC., STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a workers' compensation award, arguing for a higher permanent disability indemnity. Before the Appeals Board ruled, the parties stipulated to amend the award, increasing the permanent disability indemnity and adjusting attorney fees. The Presiding Workers' Compensation Judge approved this stipulation and the applicant's withdrawal of her reconsideration petition. Consequently, the Appeals Board dismissed the applicant's petition for reconsideration as moot.

Workers Compensation Appeals BoardFindings and AwardPetition for ReconsiderationPermanent Disability IndemnityStipulation to AmendmentPresiding Workers' Compensation JudgeWCJPWCJIndustrial InjuryLeft Hand Injury
References
Case No. ADJ8683532
Regular
Jun 02, 2014

PATSY LAWSON WHITE vs. C&H SUGAR, ESIS

In this case, the Workers' Compensation Appeals Board (WCAB) denied C&H Sugar's petition for reconsideration. The defendant argued that the agreed medical examiner's (AME) opinion was not substantial evidence due to alleged factual discrepancies regarding a prior motor vehicle accident. However, the WCAB adopted the WCJ's report, finding the AME's opinion, combined with the applicant's credible testimony, constituted substantial evidence. The WCAB deferred to the WCJ's credibility assessment of the applicant, affirming the finding of a cumulative industrial injury to the applicant's neck and shoulders.

Workers Compensation Appeals BoardReconsideration DeniedCumulative InjuryNeckShouldersPackerProduction Work SpecialistAgreed Medical ExaminerSubstantial EvidenceCredible Testimony
References
Case No. ADJ8944738, ADJ8028796, ADJ8030015
Regular
Jan 21, 2014

MANUEL GODOY vs. CARGILL BEEF PACKERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, Zenith Insurance Company, Lamanuzzi and Pantaleo

The Appeals Board granted petitions for removal by defendants Cargill Beef Packers and Zenith Insurance Company, rescinding a prior order consolidating three workers' compensation cases. Consolidation was deemed premature due to significant prejudice and potential trial delay, particularly concerning Zenith's pending statute of limitations and post-termination defenses. The Board ordered the January 30, 2014 priority hearing in Zenith's case to proceed as scheduled. Future consolidation considerations will require notice to all parties.

Petition for RemovalConsolidation OrderPrejudiceTrial DelayCumulative TraumaSpecific InjuryAgreed Medical ExaminersAOE/COE TrialStatute of Limitations DefensePost-Termination Defense
References
Case No. ADJ8979705
Regular
Oct 01, 2016

VENANCIO GALLEGOS vs. ROSE & SHORE RITE WAY RR MEAT PACKERS, INCORPORATED/RITE-WAY MEAT PACKERS, INCORPORATED, EVEREST NATIONAL INSURANCE COMPANY

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order to further develop the record. This decision was based on the WCJ's premature order to depose the original PQME, Dr. Steiger, before ruling on whether his reports were admissible. The Board found that requiring this deposition without a ruling on Dr. Steiger's availability would be premature and cause irreparable harm. The case is returned to the trial level for a status conference before a new judge to address the PQME dispute and other issues.

Petition for RemovalVacating SubmissionPQME depositionMedical report admissibilityCross-examinationWCJ orderWorkers' Compensation Appeals BoardRecord developmentPrecedentIrreparable harm
References
Case No. ADJ13650693
Regular
Mar 15, 2023

KENNY LOFTON vs. CLEVELAND GUARDIANS, LOS ANGELES DODGERS, TEXAS RANGERS, ACE AMERICAN INSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Kenny Lofton's workers' compensation claim against several baseball teams, including the Los Angeles Dodgers and Texas Rangers. The defendants sought reconsideration of the finding of subject matter jurisdiction, arguing the contracts were not made in California. However, the Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that oral agreements made in California while Lofton was physically present, even with some terms yet to be finalized, established sufficient connection for California jurisdiction. The ruling relies on California Labor Codes and established case law regarding contract formation for employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationSubject Matter JurisdictionContract of HireLabor Code Sections 3600.5Labor Code Section 5305Alaska PackersBowen v. Workers' Comp. Appeals Bd.Janzen v. Workers' Comp. Appeals Bd.Globe Cotton Oil Mills
References
Case No. ADJ2425191 (LAO 0775944) ADJ3230477 (LAO 0775943) ADJ3919134 (LAO 0793799)
Regular
Apr 05, 2010

MARTHA ARIAS vs. CUSTOM FOODS PRODUCTS, INC., FIREMAN'S FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES, INC., SUPERIOR NATIONAL INSURANCE COMPANY

This case concerns CIGA's petition for reconsideration of a denial of reimbursement from Fireman's Fund for workers' compensation benefits paid to Martha Arias. CIGA sought reimbursement, arguing Fireman's Fund's coverage for other injuries constituted "other insurance." However, the WCAB denied CIGA's petition, adopting the WCJ's reasoning that CIGA failed to prove applicant's injuries in the other cases contributed to the benefits CIGA paid. CIGA had the burden of establishing entitlement to reimbursement under the "other insurance" provision, which it did not meet.

CIGAreimbursementFireman's Fundindustrial injurymeat packerlow backleft handhipcumulative injuryspecific injury
References
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