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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ6959869
Regular
Nov 12, 2013

DAVID BODIN vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS CLAIMS INC.

The Workers' Compensation Appeals Board granted reconsideration of an order that dismissed "Entertainment Partners" as a party defendant with prejudice. The applicant sought to have the dismissal be without prejudice to allow for potential rejoining of the defendant. The Board agreed with the judge's recommendation to amend the dismissal order. Therefore, Entertainment Partners is dismissed without prejudice, allowing the applicant to potentially rejoin them if further discovery warrants.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative Trauma InjuryDismissal Without PrejudiceFinal OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law JudgeRejoin Defendant
References
Case No. ADJ9334766, ADJ319279 (MON 0358792), ADJ3055294 (MON 0361854)
Regular
Jul 17, 2015

TROY WHITETO vs. LONG BEACH TRANSIT

The Workers' Compensation Appeals Board (WCAB) dismissed Troy Whiteto's Petition for Reconsideration against Long Beach Transit. The dismissal was based on improper service, as the applicant failed to serve all adverse parties as required by Labor Code section 5905 and WCAB Rule 10510(b). Specifically, the applicant only served one of the defendant's attorneys and did not serve other relevant parties. Consequently, the WCAB found the petition procedurally deficient and ordered its dismissal.

Petition for ReconsiderationDismissalServiceAdverse PartiesAttorney of RecordWCJ ReportLabor Code section 5905WCAB Rule 10510(b)Represented PartyLong Beach Transit
References
Case No. ADJ2021542 (LAO 0874590)
Regular
Feb 03, 2010

RAUL MURILLO vs. PARAGON SCHMID BUILDING PRODUCTS; TRAVELERS

This case involves an applicant's cumulative trauma claim where the defendant insurer, Travelers, sought to join Liberty Insurance Corporation and Insurance Company of the State of Pennsylvania as parties. The administrative law judge initially denied joinder due to an EAMS registration issue with the proposed carriers. The Appeals Board granted removal, rescinded the denial, and joined Liberty as a party defendant, finding its coverage period necessary for adjudication. However, Pennsylvania was not joined due to insufficient evidence regarding its necessity and potential coverage overlap.

RemovalOrder Denying JoinderPetition for Order Joining Party DefendantCumulative TraumaEAMSWCIRBNecessary PartyAdjudicationAdministrative ConvenienceLiberty Insurance Corporation
References
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
Case No. MON 0290566
Regular
Aug 12, 2008

MARTHA MANRIQUEZ vs. DEPARTMENT OF WATER AND POWER/DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the administrative law judge's findings that the defendant unreasonably delayed paying a stipulated award, thus incurring penalties and attorney's fees. The Board affirmed the judge's decision to limit the defendant's credit for a third-party settlement to prospective benefits due to the defendant's inaction in pursuing its credit rights after the stipulated award. Furthermore, the Board ruled that the defendant could not apply its third-party credit against the penalties and attorney's fees awarded.

Workers' Compensation Appeals BoardMartha ManriquezDepartment of Water and PowerLabor Code sections 4650(b)58145814.5Supplemental Findings and AwardPetition for Reconsiderationcumulative traumathird-party settlement
References
Case No. ADJ8410804
Regular
Jan 10, 2017

RAMIRO GONZALEZ vs. Mc CALL'S NURSERIES, INC., HORTICA INSURANCE & EMPLOYEES BENEFITS

This case involves an applicant seeking workers' compensation after an industrial injury, who also filed a third-party civil suit. Initially, the parties stipulated there was no employer negligence, but the applicant later sought to withdraw this stipulation after discovering new evidence relevant to employer fault. The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding that the Administrative Law Judge acted within their authority to allow the issues of employer negligence and third-party credit to be added for trial, as these are intertwined and the defendant failed to show substantial prejudice from this procedural step. Removal is an extraordinary remedy, and the Board concluded that reconsideration would be an adequate remedy if the defendant ultimately prevails on these issues.

Petition for RemovalThird Party CreditEmployer NegligenceLabor Code Section 5313Labor Code Section 5702Good CauseStipulationPre-trial Conference StatementMandatory Settlement ConferenceThird Party Civil Suit
References
Case No. ADJ4238124 (LBO 0384459)
Regular
Sep 14, 2012

LUIS ROMERO vs. CEDARS SINAI HEALTH SYSTEM

The Workers' Compensation Appeals Board affirmed a prior decision granting the defendant employer a $2,000,000 credit against future workers' compensation liability, representing the applicant's net recovery from a third-party lawsuit. The applicant's petition for reconsideration, arguing employer negligence, was denied. The Board found the applicant failed to prove employer negligence, particularly by not presenting expert evidence on the standard of care or causation. Testimony indicated the applicant was aware of and instructed to use safety equipment (outriggers) but proceeded without it, suggesting applicant's own negligence.

Third-party creditEmployer negligenceCivil lawsuit recoveryManlift operationOutriggersProximate causeStandard of careComparative negligenceWCAB reconsiderationFindings of Fact
References
Case No. ADJ3633276 (SAC 0360146)
Regular
Jan 24, 2012

GAYE MARTIN vs. LENNAR CORPORATION, BROADSPIRE

The Workers' Compensation Appeals Board denied the Petition for Removal filed by defendants Lennar Corporation and its third-party administrator, Broadspire. The Board adopted the WCJ's report, which recommended denial because the applicant's request to take the case off calendar was granted to allow her to develop her case under a recent *Ogilvie* decision. Additionally, the defendants were admonished for Broadspire's failure to disclose the identity of its client as required by *Coldiron v. Compuware Corp.* and were put on notice that sanctions could be considered at the trial level.

WCABRemovalBroadspireThird-party administratorColdironLabor Code section 3700SanctionsLabor Code section 5813Off calendarMandatory Settlement Conference
References
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