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

Case No. ADJ7611909 ADJ8870925
Regular
Jan 20, 2016

ANTONIA RIVAS vs. EL PRADO RESTAURANT, THE COHEN RESTAURANT GROUP, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board reversed the prior decision, allowing lien claimant Preferred Scan's exhibits into evidence. Applying the en banc decision in *Cornejo*, the Board found that Preferred Scan made an unrebutted prima facie showing of exemption from Business and Professions Code registration requirements. This exemption applies because Preferred Scan acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. The case is returned for a new decision on the lien claim.

Preferred ScanRivas v. El Prado RestaurantADJ7611909ADJ8870925WCABReconsiderationBusiness and Professions Code 22450Business and Professions Code 22451(b)Cornejo v. Younique CaféInc.
References
1
Case No. ADJ7626540, ADJ7626544
Regular
Oct 17, 2013

EFRAIN CERVANTES vs. EXCEL CONSTRUCTION, ZURICH INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinding the WCJ's dismissal of Preferred Scan's lien. Although Preferred Scan paid its lien activation fee on the morning of the lien conference, the WCJ dismissed the lien due to no proof of payment being available at the conference. The Board found the payment timely and the EAMS system's delayed reflection of payment not Preferred Scan's fault. The case is returned to the trial level for further proceedings, including potential dismissal notice or sanctions for the failure to appear.

Workers' Compensation Appeals BoardLien Activation FeePetition for ReconsiderationOrder Dismissing LienDue ProcessLabor Code Section 4903.06Electronic Adjudication Management System (EAMS)Lien ConferenceSanctionsLabor Code Section 5813
References
0
Case No. ADJ8067245
Regular
Apr 23, 2015

ISABEL DIMAS vs. CLIFTON'S CAFETERIA, STAR INSURANCE COMPANY, Administered By ILLINOIS MIDWEST INSURANCE AGENCY, LLC, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Preferred Scan, Inc.'s petition for reconsideration. The Board affirmed the administrative law judge's decision to dismiss Preferred Scan's lien for failing to meet its burden of proof. Specific grounds for dismissal included failure to establish reasonableness and necessity of charges, improper service of exhibits, and inadequate evidence preparation. While the lien claimant's services could have been considered legitimate medical-legal costs for a contested claim, the other evidentiary failures were sufficient to uphold the lien's dismissal.

Lien claimantPetition for ReconsiderationWCJFindings and OrdersDismissed lienBurden of proofAOE/COEMedical-legal costsContested claimReasonableness and necessity
References
0
Case No. MISSING
Regular Panel Decision

Degale-Selier v. Preferred Management & Leasing Corp.

This legal excerpt examines the concept of dual employment, focusing on general and special employers under Workers’ Compensation Law. It reiterates that immunity extends to all employers when a plaintiff accepts workers’ compensation benefits, regardless of the corporate relationship between entities. The core issue revolves around defining a "special employee" and establishing this status as a matter of law. In the presented case, the Supreme Court properly denied the appellants' motion for summary judgment, as they failed to demonstrate that the plaintiff was a special employee of Preferred Management & Leasing Corp. or that Preferred was an alter ego or joint venture with the plaintiff's employer, 21st Avenue Transportation Co., Inc. The decision emphasizes the factual nature of special employment status and the burden of proof on the moving party.

Dual EmploymentSpecial EmployeeWorkers' Compensation BenefitsSummary JudgmentAlter EgoJoint VentureEmployer LiabilityCorporate EntitiesAppellate ReviewLabor Law
References
8
Case No. MISSING
Regular Panel Decision
Jul 02, 2002

Abdelaal v. Gindi

This case involves an appeal by Astra Construction Corp. and Preferred Mutual Insurance Company from an order granting summary judgment to City Construction Co. The underlying action was commenced by a plaintiff, an employee of City Construction Co., to recover damages for personal injuries after falling from a ladder. The plaintiff received Workers' Compensation benefits from City Construction Co.'s insurer. Astra, a contractor, and its insurer, Preferred Mutual, were brought into a third-party action by the property owners, and Astra subsequently cross-claimed against City Construction Co. for contribution and common-law indemnification. City Construction Co. moved for summary judgment, invoking the Workers' Compensation Law's affirmative defense, arguing that it was responsible for compensation benefits and the worker did not sustain a grave injury, nor was there a written indemnification agreement. The court found that City Construction Co. satisfied its burden for summary judgment, and Astra failed to present admissible evidence to raise a triable issue of fact. Therefore, the Supreme Court's order, which granted summary judgment dismissing Astra's cross claims against City Construction Co., was affirmed.

Workers' Compensation LawSummary JudgmentCross ClaimsContributionIndemnificationPersonal InjuryEmployer LiabilityGrave InjuryAppellate DecisionKings County
References
2
Case No. ADJ8302620
Regular
May 16, 2018

ENRIQUE MUNOZ vs. ACROMIL CORPORATION, COMPWEST

Lien claimants Preferred Scan and Tower Copy sought reconsideration after their photocopying liens were initially disallowed by the WCJ. The WCJ found the charges not reasonably required to prove a contested case. Following mediation, the parties stipulated to settle Preferred's lien for $4,500 and Tower's for $600. The Appeals Board amended the original order to approve these stipulations and award the settlement amounts.

WCABADJ8302620lien claimantsreconsiderationFindings and OrderWCJphotocopying chargescontested caseStipulationsmediation
References
0
Case No. MON 0311734
Regular
Feb 19, 2008

DANIEL MUNGUIA vs. PREFERRED PERSONNEL, NATIONAL FIRE INSURANCE

The applicant sought reconsideration of a Workers' Compensation Appeals Board decision that denied his claim for a back injury, finding his testimony regarding the cause of injury lacked credibility. The Board affirmed the decision, emphasizing that the applicant failed to meet his burden of proof to establish a compensable injury arising out of and occurring in the course of employment. Key to the decision were contradictions in the applicant's statements and the exclusion of a witness's testimony, which the Board found was properly excluded based on prior orders limiting the record.

AOE/COEPetition for ReconsiderationCredibilityBurden of ProofMedical RecordsLabor Code Section 3202Substantial EvidenceMedical TreatmentIndustrial InjuryWCJ
References
4
Case No. 2025 NY Slip Op 02026
Regular Panel Decision
Apr 03, 2025

Structure Tone, Inc. v. Merchants Preferred Ins. Co.

The Supreme Court properly denied Old Republic's motion for summary judgment due to unresolved questions of fact concerning whether the negligence of its named insured, Port Morris Tile & Marble Corp., was a proximate cause of an underlying accident, which would trigger indemnification by Old Republic. Evidence suggests factual disputes regarding Port Morris's responsibility for ensuring proper lighting and safety for its employees. The court also correctly granted Scottsdale's cross-motion for summary judgment. It found that Old Republic, as the primary insurer with an 'other insurance' provision, is not entitled to contribution from Scottsdale, whose policy contains an 'excess' clause, until Old Republic's coverage has been fully exhausted. The doctrine of collateral estoppel was deemed inapplicable because prior dismissals were not based on findings regarding Port Morris's negligence.

Insurance LawContractual IndemnificationDuty to DefendDuty to IndemnifyOther Insurance ClauseExcess ClauseSummary JudgmentProximate CauseNegligenceRespondeat Superior
References
7
Case No. ADJ7253662, ADJ7254554
Regular
Sep 02, 2012

Guillermo Rivera vs. Cal Scan Trade Company/Villa Auto Sales, ACE USA, Preferred Employers

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Guillermo Rivera did not sustain an injury arising out of and in the course of employment. The Board adopted the Workers' Compensation Judge's (WCJ) report, which found the employer's witness more credible regarding job duties and the reported incident. Key factors for the WCJ's decision included the applicant's lack of timely medical treatment, the credibility of the applicant's testimony compared to the employer's witness, and the insufficient reasoning in the medical report. The Board gave great weight to the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibility FindingLabor Code section 5903Adjudication of ClaimCar SalesmanInjury Arising Out of and Occurring in the Course of EmploymentMedical EvidenceJob Duties
References
4
Case No. ADJ8386118
Regular
Jan 04, 2013

RALPH GONZALES vs. PURELY CLEAN POOLS, PREFERRED EMPLOYERS INSURANCE

This Workers' Compensation Appeals Board case involves an applicant, Ralph Gonzales, and defendants Purely Clean Pools and Preferred Employers Insurance. A petition for removal was filed by a party in this matter. However, the petitioner subsequently withdrew the petition for removal. Consequently, the Board has issued an order dismissing the petition, and no further action will be taken.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardPurely Clean PoolsPreferred Employers InsuranceADJ8386118Oakland District OfficeAlfonso J. MoresiRonnie G. Caplane
References
0
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