Updated Daily

Case Law Database

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

Case No. ADJ4709951 (SFO 0511409)

Regular

Oct 28, 2010

POMPEYO CASTILLA vs. SUGAR BOWL BAKERY, OAK RIVER INSURANCE COMPANY

This case involves applicant Pompeyo Castilla seeking reconsideration of a $\$75,000$ compromise and release settlement for a back and nervous system injury. Castilla argued the settlement was too low and he was coerced. However, the Workers' Compensation Appeals Board dismissed his petition as untimely, as it was filed approximately one month after the deadline. The Board noted that the filing deadline is jurisdictional and that they would have denied the petition on its merits if it had been timely.

Pompeyo CastillaSugar Bowl BakeryOak River Insurance CompanyADJ4709951SFO 0511409Petition for ReconsiderationOrder Approving Compromise and ReleaseWCJBack InjuryNervous System Injury

References

Case No. MISSING

Regular Panel Decision

Castilla v. K.A.B. Realty, Inc.

This case involves an appeal by K.A.B. Realty, Inc. (KAB), the defendant and third-party plaintiff, from an order denying its motion for summary judgment on third-party claims for common-law and contractual indemnification, and for damages for breach of contract. The plaintiff was injured while working on a construction project for KAB, who then initiated a third-party action against Marin Construction Corp. (Marin) for indemnification. The appellate court modified the lower court's order. It granted KAB summary judgment on its contractual indemnification claim, finding KAB was not negligent. However, it also granted Marin summary judgment dismissing KAB's common-law indemnification claim because the plaintiff was deemed Marin's special employee, barring the claim under Workers' Compensation Law. The branch of the motion concerning damages for breach of contract was properly denied.

Personal InjuryIndemnificationContractual IndemnificationCommon-law IndemnificationSummary JudgmentBreach of ContractSpecial EmployeeVicarious LiabilityAppellate ProcedureConstruction Accident

References

Showing 1-2 of 2 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

POMPEYO CASTILLA vs. SUGAR BOWL BAKERY, OAK RIVER INSURANCE COMPANY

Pompeyo CastillaSugar Bowl BakeryOak River Insurance CompanyADJ4709951SFO 0511409Petition for ReconsiderationOrder Approving Compromise and ReleaseWCJBack InjuryNervous System Injury

Castilla v. K.A.B. Realty, Inc.

Personal InjuryIndemnificationContractual IndemnificationCommon-law IndemnificationSummary JudgmentBreach of ContractSpecial EmployeeVicarious LiabilityAppellate ProcedureConstruction Accident