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

Case No. ADJ7231165
Regular
Jun 18, 2013

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

The Workers' Compensation Appeals Board (WCAB) granted Pinnacol Assurance's petitions for removal, finding the threshold issue to be whether the WCAB has personal jurisdiction over Pinnacol. The WCAB rescinded the WCJ's order compelling arbitration of coverage issues. All seven cases are returned to the trial level for a determination of personal jurisdiction over Pinnacol. Further proceedings will depend on the outcome of that jurisdictional decision.

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance
References
Case No. ADJ7730913, ADJ8640698, ADJ8233287, ADJ7881756, ADJ8438104, ADJ7467140, ADJ7467243, ADJ9068351, ADJ9081983
Regular
Dec 02, 2016

HOLLIS COPELAND, JR. vs. DENVER NUGGETS, PINNACOL ASSURANCE

This case involved multiple consolidated workers' compensation claims where the Board initially denied reconsideration of an order dismissing Pinnacol Assurance for lack of personal jurisdiction. The Appeals Board is now granting reconsideration on its own motion to correct clerical errors in its prior opinion. Specifically, the Board failed to list all nine adjudication file numbers and did not serve all affected applicants. The decision after reconsideration affirms the original denial of reconsideration but amends the opinion to include all case numbers.

Appeals BoardGranting ReconsiderationOn MotionDecision After ReconsiderationClerical ErrorsPersonal JurisdictionPinnacol AssuranceConsolidated CasesAdjudication File NumbersAffirm Opinion
References
Case No. ADJ9113575
Regular
Jul 26, 2018

DOUGLAS FAVELL vs. COLORADO ROCKIES/NEW JERSEY DEVILS, TORONTO MAPLE LEAFS, PHILADELPHIA FLYERS, OKLAHOMA CITY BLAZERS, SAN FRANCISCO SEALS, PINNACOL ASSURANCE

This case involved a professional hockey player's workers' compensation claim for injuries sustained across multiple teams from 1965-1979. The Workers' Compensation Appeals Board denied the Toronto Maple Leafs' petition for reconsideration. The Board affirmed the finding that the Colorado Rockies, and their insurer Pinnacol Assurance, were exempt from California workers' compensation laws under Labor Code section 3600.5(b) due to reciprocal exemptions with Colorado law at the time of employment. Consequently, Toronto was held liable as the next employer over which California had jurisdiction.

Workers' Compensation Appeals BoardIndustrial InjuryProfessional Hockey PlayerPermanent DisabilityFuture Medical TreatmentLabor Code Section 3600.5(b)Labor Code Section 5500.5(a)ExemptedReciprocal StatuteColorado Revised Statute
References
Case No. LAO 863258, LAO 863456
Regular
Oct 02, 2007

JULIE A. ALBRIGHT vs. SUN HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of a finding that American Home Assurance, administered by Broadspire, was liable for administering an award for applicant Julie Albright's cumulative trauma injury. Despite covering only 39% of the period, the Board found it equitable for American Home Assurance to administer the award, given their responsibility for a specific injury and the potential confusion of dual administrators. The Board also upheld the determination of the cumulative trauma injury date and the administrator's responsibility for temporary disability payments.

WCABReconsiderationPetitionFindings and AwardAmerican Home AssuranceBroadspireCumulative TraumaDate of InjuryLabor Code § 5412Labor Code § 4656 (c) (1)
References
Case No. POM 248928
Regular
May 12, 2006

MARK MICELI vs. JACUZZI, INC., REMEDYTEMP, INC., AMERICAN HOME ASSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY CO., In Liquidation

The Court of Appeal reversed the Appeals Board's prior decision, finding that the special employer's insurance (American Home Assurance Co.) was not "other insurance" available to the applicant. This ruling invalidated the previous dismissal of CIGA and dictated that the case be returned for further proceedings. The Appeals Board, following this remittitur, rescinded the prior consolidation and stay order, denying RemedyTemp's request for dismissal and CIGA/RemedyTemp's request for a new consolidation. Assurance's petition for appeal costs was also dismissed as it was filed with the wrong entity.

CIGARemedyTempJacuzziAmerican Home Assurance Co.Reliance National Indemnity Co.special employergeneral employerother insuranceInsurance Code section 1063.1(c)(9)remittitur
References
Case No. ADJ7160968
Regular
Sep 20, 2013

KIM FICK vs. WAL MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE

This case involves a Petition for Reconsideration filed by the applicant, Kim Fick, against Walmart Associates, Inc. and American Home Assurance. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not verified, violating Labor Code section 5902. Furthermore, the petition was deemed skeletal and insufficient under California Code of Regulations, title 8, section 10846. Consequently, the WCAB found the petition procedurally deficient and ordered its dismissal.

Petition for ReconsiderationVerifiedLabor Code section 5902Skeletal PetitionCalifornia Code of Regulations title 8 section 10846DismissedWorkers' Compensation Appeals BoardWCJApplicantDefendants
References
Case No. OAK 0337799; OAK 0337800
Regular
May 19, 2008

LI-PING LI vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE/AIG

The Workers' Compensation Appeals Board granted reconsideration to amend factual findings and the case caption. The Board affirmed the finding of temporary total disability for the applicant, Li-Ping Li, due to an industrial injury sustained while employed by Wal-Mart Associates, Inc., insured by American Home Assurance. The decision was amended to correct the employer's name, identify the correct insurance carrier, and exclude a specific period from the temporary total disability award.

Workers Compensation Appeals BoardLi-Ping LiWal-Mart AssociatesInc.American Home AssuranceFrank Gates Service CompanyOAK 0337799OAK 0337800Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. LBO 0355505
Regular
Feb 26, 2008

REBECCA BETANCOURT vs. CHECKMATE STAFFING SERVICES, UNINSURED EMPLOYERS FUND, J.C. PENNEY, INC., AMERICAN HOME ASSURANCE c/o AIG CLAIM SERVICES

This case involves an applicant injured while working for Checkmate Staffing Services, a general employer, and J.C. Penney, Inc., a special employer. The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision, notably reversing the administrative law judge's (ALJ) assessment of penalties against Checkmate and remanding the issue of Checkmate's insurance coverage to the trial level. The WCAB affirmed joint and several liability for benefits against Checkmate, J.C. Penney, American Home Assurance, and the Uninsured Employers Fund (UEF), ordering American Home Assurance to administer benefits while reserving jurisdiction to determine ultimate liability.

Workers' Compensation Appeals BoardReconsiderationJoint and Several LiabilitySpecial EmployerGeneral EmployerUninsured Employers FundLabor Code Section 3722Certificate of Liability InsuranceDue ProcessDual Employment Relationship
References
Case No. ADJ7790883
Regular
Nov 01, 2012

MACARIO JAIMES vs. FS PRECISION TECH, TRAVELERS, STATE COMPENSATION INSURANCE FUND, PACIFIC COMPENSATION, HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration to obtain a hearing transcript and allow the defendant, Travelers Insurance, to submit correspondence. This correspondence, including a representation letter from applicant's attorney, is relevant to the presumed compensability of the applicant's industrial injury claim under Labor Code section 5402. The Board now intends to admit these documents into evidence unless a written objection with good cause is filed within 10 days. All future communications regarding this case must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardMacario JaimesFS Precision TechTravelersState Compensation Insurance FundPacific CompensationHome AssuranceChartisLabor Code section 5402presumption of compensability
References
Case No. ADJ413851
Regular
May 10, 2010

TRACIA ARNETT vs. VERIZON WIRELESS, AMERICAN HOME ASSURANCE

Applicant Tracia Arnett sought reconsideration of a decision denying her workers' compensation claim for psychiatric injury. The administrative law judge found the claim barred under Labor Code section 3208.3, relating to the causation of psychiatric injuries. Arnett argued the supervisor's conversation was not in good faith and her injury resulted from mistreatment. The Appeals Board denied reconsideration, adopting the judge's report which supported the bar of the psychiatric claim.

Labor Code section 3208.3psychiatric injurygood faith conversationmistreatment by supervisorFindings of Fact and OrderPetition for Reconsiderationworkers' compensation administrative law judgeWCJ Report and Recommendationdenial of petitionVerizon Wireless
References
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