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

Case No. ADJ8069337
Regular
Apr 15, 2015

JOSE VALDOVINOS vs. LAGUNA MADISON, INC.; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to challenge an interlocutory order from the Administrative Law Judge (ALJ) that set a briefing schedule for trial briefs. The WCAB held that reconsideration is only available for final orders, not interim ones that do not determine substantive rights. Furthermore, the WCAB found the defendant's claim of prejudice from the briefing schedule to be frivolous, as it aligns with due process and pretrial discovery principles. Consequently, the defendant's attorneys were admonished for filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalPretrial Conference OrderIndustrial InjuryRight ShoulderRight KneeLow BackWindow InstallerSignificant Prejudice
References
6
Case No. 1099
Regular Panel Decision

Howard v. Stature Electric, Inc.

The court ruled on a motion to strike the supplemental appendix and specific sections of the brief submitted by respondent David W. Howard. The motion was granted to the extent that the material in the brief referencing the supplemental appendix is deemed stricken. However, the motion to strike was otherwise denied.

Motion to strikeSupplemental appendixBriefCourt procedureProcedural ruling
References
0
Case No. MISSING
Regular Panel Decision

Estrellita A. v. Jennifer L.D.

A motion filed by the National Association of Social Workers and others, seeking permission to submit an amici curiae brief in the ongoing appeals, has been granted. The proposed brief has been accepted for filing by the court. It was noted that Judge Fahey did not participate in the deliberation or decision regarding this motion.

Amici CuriaeMotion GrantedAppealsBrief FilingJudicial Non-ParticipationLeave to FileAppellate Procedure
References
0
Case No. ADJ8180232
Regular
Sep 13, 2017

HUBERT OLIVER vs. PHILADELPHIA EAGLES, ACE/ESIS, INDIANAPOLIS COLTS, TRAVELERS INDEMNITY COMPANY, HOUSTON OILERS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HOME INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to review a judge's finding of no California jurisdiction over a professional football player's injury claim. The Board will consider whether the applicant was hired in California and if playing two games here creates sufficient connection for jurisdiction under the *Johnson* decision. The applicant will be allowed to file a supplemental brief referencing trial transcripts, and all parties will have an opportunity to brief the Board's intention to rule on the sufficiency of California's interest in adjudicating the claim.

Workers' Compensation Appeals BoardCalifornia jurisdictionindustrial injuryprofessional football playeremployment contractssubject matter jurisdictionsupplemental briefingcumulative traumaFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)due process
References
6
Case No. ADJ347040 (MON 0305426)
Significant
Apr 14, 2009

Lawrence Weiner, Applicant vs Ralphs Company, Sedgwick Claims Management Services, Inc.

The Appeals Board, in an en banc decision, allows the submission of amicus curiae briefs to address the jurisdictional issues arising from the legislative repeal of Labor Code section 139.5, which pertains to vocational rehabilitation benefits.

VRMALabor Code section 139.5vocational rehabilitationrepealstatutory rightvested rightsghost statutessavings clauseen bancamicus briefs
References
18
Case No. ADJ347040
En Banc
Apr 14, 2009

LAWRENCE WEINER vs. RALPHS COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted reconsideration to study the legal issues presented by the defendant's petition, specifically concerning the repeal of Labor Code section 139.5, and has ordered the allowance of amicus curiae briefs to address the jurisdictional questions.

Amicus briefsEn banc decisionVocational rehabilitationVRMARepeal of statuteLabor Code section 139.5JurisdictionRetroactive benefitsFindings and AwardWCJ
References
18
Case No. ADJ1177048
Significant
Apr 06, 2009

Wanda Ogilvie, Applicant vs. City and County of San Francisco, Permissibly Self-Insured

The Appeals Board granted the petitions for reconsideration filed by both the applicant and the defendant to allow for a more thorough study of the issues raised and to permit the filing of amicus curiae briefs by interested parties.

Diminished Future Earning Capacity2005 ScheduleReconsiderationAmicus Curiae BriefsThreshold IssueFinal OrderEn Banc DecisionRebuttalPermanent Disability BenefitsLabor Code Section 5900
References
16
Case No. ADJ1078163 (BAK 0145426), ADJ3341185 (SJO 0254688)
Significant
Apr 06, 2009

Mario Almaraz vs. Environmental Recovery Services (a.k.a. ENVIROSERVE), State Compensation Insurance Fund Joyce Guzman vs. Milpitas Unified School District, Permissibly Self-Insured, Keenan & Associates, Adjusting Agent

The Appeals Board grants reconsideration in two consolidated cases, Almaraz and Guzman, to study the issues raised in a petition and allows for the filing of amicus curiae briefs by any interested person or entity.

WCABReconsiderationAmicus BriefsEn Banc DecisionAMA GuidesPermanent DisabilityThreshold IssueRebuttalFinal OrderInterlocutory Decision
References
18
Case No. ADJ1177048 (SFO 0487779)
En Banc
Apr 06, 2009

WANDA OGILVIE vs. CITY AND COUNTY OF SAN FRANCISCO

The Appeals Board grants petitions for reconsideration from both the applicant and the defendant to further study the issues raised regarding the Diminished Future Earning Capacity (DFEC) and allows for the submission of amicus curiae briefs.

DFEC2005 Schedulediminished future earning capacityrebutting DFECthreshold issuereconsiderationen banc decisionamicus curiae briefjudicial noticelegislative history
References
19
Case No. ADJ1078163 (BAK 0145426), ADJ3341185 (SJO 0254688)
En Banc
Apr 06, 2009

MARIO ALMARAZ, JOYCE GUZMAN vs. ENVIRONMENTAL RECOVERY SERVICES, STATE COMPENSATION INSURANCE FUND, MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Appeals Board granted reconsideration in two consolidated cases to address the rebuttal of the AMA Guides in the 2005 Schedule for Rating Permanent Disabilities and permitted the filing of amicus briefs to aid in its deliberations.

Amicus briefsReconsiderationEn banc decisionThreshold issueAMA GuidesPermanent disabilityRebuttalFinal orderInterlocutory orderLegislative history
References
17
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