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

Case No. ADJ6872068
Regular
Sep 11, 2012

OSCAR ORNELAS CASTANEDA vs. FELIS RUELAS, individually, and dba HAPPY'S MOBILE CAR WASH

This case involves a workers' compensation applicant injured in a vehicle accident while traveling to a job site. The defendant argued the applicant was an independent contractor and the injury occurred during his commute. The Board denied reconsideration, affirming the finding that the applicant was an employee based on the employer's control over work details and provision of tools. The Board also ruled the "going and coming" rule did not bar compensation as the travel was part of the applicant's job duties, not his personal commute.

WCABPetition for ReconsiderationEmployee vs. Independent ContractorBorello factorsGoing and Coming RuleAOE/COEIndustrial InjuryPressure WasherDairy BarnsCompany Vehicle
References
Case No. ADJ10448560
Regular
Sep 08, 2017

SANTIAGO MARTINEZ vs. FOSTER FARMS

The applicant sought reconsideration of an approved compromise and release settlement due to feeling pressured by his attorney and believing the award breakdown was incorrect. The Appeals Board found that while the defendant paid the settlement proceeds correctly, the applicant's allegations of duress lacked specific evidence or sworn testimony. Therefore, the Board dismissed the applicant's petition, suggesting the WCJ should treat it as a motion to set aside the settlement and hold a hearing for the applicant to present evidence. This dismissal is without prejudice to the applicant pursuing proper avenues to challenge the settlement based on future evidence.

ReconsiderationCompromise and ReleaseSection 132aPetitionWCJStipulationGood CauseDuressUndue InfluenceAttorney Pressure
References
Case No. ADJ4176866 (AHM 0093466) ADJ125605 (AHM 0093469) ADJ1808207 (AHM 0294929)
Regular
Mar 20, 2009

TIMMY WALLING vs. THE BOEING COMPANY; CIGA through its SERVICING FACILITY CAMBRIDGE INTEGRATED SERVICES for FREMONT, in liquidation

The Appeals Board granted reconsideration and affirmed the WCJ's finding of cumulative industrial injury to the applicant's spine, blood pressure, heart, and psyche. However, the Board amended the order to allow for adjustment or litigation of costs for the expert witness Jeanine Metildi's testimony. The applicant's arguments regarding insufficient permanent disability benefits and a missed right knee injury were not accepted.

Workers' Compensation Appeals BoardCumulative Industrial InjuryStructural AssemblerSpineHigh Blood PressureHypertensionHypertensive Heart DiseasePsychePermanent and StationaryPermanent Disability Benefits
References
Case No. ADJ4560326 (OAK 0306464) ADJ3269047 (OAK 0314851)
Regular
Mar 13, 2009

HOWARD C. RICHARDS vs. CAST & CREW; ENTERTAINMENT PARTNERS by ZURICH NORTH AMERICA, Permissibly Self-Insured, by CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, treating a prior petition to set aside a Compromise and Release as timely. The applicant claimed the settlement was agreed to under duress and alleged fraud by the insurance company. The Board rescinded the prior order approving the settlement and returned the case to the trial level for further proceedings on the adequacy of the settlement and fraud claims. The judge will reinstate the approval if the settlement is found adequate and no fraud is proven.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationSet Aside Compromise and ReleaseStressDuressPressureInadequate SettlementFraudZurich Insurance Company
References
Case No. ADJ528016 (LAO 0797447) ADJ4708211 (LAO 0831457)
Regular
May 04, 2015

JORGE PAREDES vs. COASTCAST CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY/CALIFORNIA COMPENSATION INSURANCE COMPANY, in liquidation, LEGION INSURANCE COMPANY, in liquidation, SEDGWICK CLAIMS M

This case involves a workers' compensation applicant claiming industrial injury to his psyche, lower extremities, internal system, high blood pressure, and diabetes over a cumulative trauma period. The Administrative Law Judge (ALJ) found injury to the psyche and lower extremities, but not the internal system or conditions like high blood pressure and diabetes. The ALJ also found Republic Indemnity solely liable, with a specific date of injury. Both applicant and Republic sought reconsideration. The Appeals Board granted reconsideration, amending the findings to include chronic venous stasis and need for further medical treatment, but deferred key issues like the date of injury, liability, permanent disability, and attorney fees. The case is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and OrderLabor Code Section 5412Date of InjuryCumulative TraumaRepublic Indemnity CompanyCalifornia Insurance Guarantee Association (CIGA)Agreed Medical Examiner (AME)Chronic Venous Stasis
References
Case No. ADJ1511860
Regular
Jun 24, 2011

TIBERIO CALDERON MORENO vs. ACV APPRAISAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petitions for reconsideration. The applicant failed to adequately state grounds for error, instead marking all general grounds for reconsideration. The WCJ found the applicant to be an unreliable historian whose claimed injuries at ACV Appraisal were not supported by medical evidence and were contradicted by prior medical records of pre-existing conditions. The Board adopted the WCJ's report, which highlighted the applicant's poor credibility and lack of medical evidence linking his current conditions to the alleged employment injury.

WCABPetition for ReconsiderationFindings and OrdersWCJindustrial injuryherniaback injurypsychesexual dysfunctionsleep disorder
References
Case No. ADJ8633613
Regular
Apr 01, 2014

BYRON MATTAS vs. SHOKER TRADING CORPORATION dba TRIPLE S. CHEVRON, HANOVER INSURANCE COMPANY

This case concerns a workers' compensation claim where the applicant sustained injuries during an altercation with a customer. The defendant argued the claim was barred by specific Labor Code sections, including being the initial physical aggressor. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and denied reconsideration, upholding the judge's finding that the applicant was not the initial aggressor, based largely on surveillance video. A dissenting commissioner argued that the applicant was indeed the initial physical aggressor by throwing soup, thus barring the claim.

Workers Compensation Appeals BoardByron MattasShoker Trading CorporationTriple S. ChevronHanover Insurance CompanyADJ8633613Findings and Orderindustrial injuryheadneck
References
Case No. ADJ9176321
Regular
May 21, 2014

CAMILO MORALES vs. BLESSINGS HAND CAR WASH, HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board denied Camilo Morales's petition for reconsideration of a finding of no injury. The judge found the applicant lacked credibility, noting he failed to return to work after being asked for a doctor's note, despite claiming he needed the job and could perform modified duties. Medical reports were deemed unsubstantial due to a lack of signatures and potentially false history. The supervisor's credible testimony further supported the employer's denial of injury.

WCABPetition for ReconsiderationAOE/COEcredibilitycontinuous traumacar washerdoctor's notemodified workunsigned medical reportsfalse history
References
Case No. POM 0264727POM 0267166
Regular
Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

Here's a summary of the provided case excerpts: In *Fiducia*, the Appeals Board granted reconsideration and found applicant sustained industrial injuries but had failed to attend medical exams and hearings, leading to dismissal for good cause. The Board vacated the prior dismissal and remanded for further development of the record, acknowledging that the applicant's failure to attend examinations and hearings warranted dismissal. However, due to lack of current medical evidence, the Board vacated the dismissal and returned the case to the trial level to allow applicant to attend examinations and hearings. In *Munoz*, the defendant sought reconsideration of an order vacating submission and returning the case to the trial calendar to further develop the evidentiary record concerning a lien claimant's charges. The Appeals Board dismissed the petition for reconsideration as it was not from a final order and denied the petition for removal, finding no showing of irreparable harm or significant prejudice. The Board emphasized that interlocutory orders to further develop evidence are not subject to reconsideration.

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability
References
Case No. ADJ10340256, ADJ10334028
Regular
Jul 01, 2018

RONALD BOGLE vs. SELECT STAFFING INC., CORVEL

The Workers' Compensation Appeals Board granted reconsideration, rescinded an Order Approving Compromise and Release, and returned the case for further proceedings. The Board found the petition for reconsideration to be timely due to a lack of proof of service of the original order. Crucially, the Board determined the prior settlement was inadequate because the applicant was unrepresented, lacked legal consultation, and the basis for the $1000 payment was unclear, especially given an ongoing injury claim. The settlement's adequacy will now be re-evaluated at the trial level.

Petition for ReconsiderationOrder Approving Compromise and ReleaseCompromise and ReleaseWorkers' Compensation JudgeWCJapplicantdefendantspecific injurycontinuous traumamedical treatment
References
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