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

Case No. ADJ4449218
Regular
Mar 04, 2010

LUIS ALVARADO vs. STAFFING SERVICES, INC., STATE COMPENSATION INSURANCE FUND

Here is a summary of the case in a maximum of four sentences for a lawyer: The Workers' Compensation Appeals Board denied reconsideration of the Administrative Law Judge's (ALJ) decision, which found jurisdiction over a dispute between an injured worker's applicant and defendant Staffing Services, Inc. The ALJ correctly determined that there was no express agreement between Staffing Services and the lien claimant, Beverly Hills Pharmacy, fixing payment amounts, thus Labor Code section 5304 did not divest the Board of jurisdiction. The Board also found that removal was not appropriate for this final determination. Procedural arguments regarding a denied continuance due to the defense attorney's illness were also rejected.

Workers' Compensation Appeals BoardReconsiderationRemovalLien ClaimantExpress AgreementLabor Code Section 5304JurisdictionStaffing Services Inc.State Compensation Insurance FundBeverly Hills Pharmacy
References
Case No. ADJ4701267 (VNO 0549082)
Regular
Jan 06, 2020

JAVIER OROZCO vs. NATIONAL STAFFING, LLC, COMMERCE AND INDUSTRY COMPANY, DERRELL'S MINI STORAGE, INC.

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order, affirming the joinder of Derrell's Mini Storage and its insurer, Redwood Fire and Casualty, as defendants. The Board found a general/special employment relationship existed between the applicant's general employer (National Staffing) and Derrell's, the special employer. Despite arguments regarding sole liability of the general employer's insurer and laches, the Board held that joinder was appropriate to fully adjudicate the case and address contribution claims. The specific issue of contribution/reimbursement between carriers was deferred for further proceedings.

Workers' Compensation Appeals BoardJavier OrozcoNational StaffingLLCDerrell's Mini StorageInc.Redwood Fire and Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesAIG ClaimsInc.
References
Case No. AHM 0120052
Regular
Mar 04, 2008

BONIFACIO SANCHEZ vs. R.C. WENDT PAINTING COMPANY, OMNE STAFFING, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded a prior decision determining the applicant's employer to clarify employment status. This action was taken to review a proposed $\$27,500.00$ compromise and release agreement, which included multiple lien claimants. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardBonifacío SanchezR.C. Wendt Painting CompanyOMNE StaffingInc.Zurich American Insurance CompanyGallagher Bassett ServicesInc.Uninsured Employers Benefit Trust FundZenith Insurance Company
References
Case No. ADJ17009720
Regular
Oct 22, 2025

Miguel Fernandez Gomez vs. Proficient Staffing Inc., United Wisconsin Insurance Company

The Workers' Compensation Appeals Board reviewed a petition for removal filed by applicant Miguel Fernandez Gomez, contesting an order setting the matter for trial issued on July 10, 2025. The Workers' Compensation Administrative Law Judge (WCJ) recommended granting removal, acknowledging that additional discovery was warranted. Based on the WCJ's report and a review of the record, the Appeals Board granted the petition, rescinded the July 10, 2025 order, and returned the matter to the trial level for further proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJAdjudication NumberProficient Staffing Inc.United Wisconsin Insurance CompanyDiscoverySubstantial PrejudiceIrreparable HarmReconsideration
References
Case No. MON 0304723
Regular
Jul 15, 2008

KHALIL TANTAWI vs. UNIFORMS, INC., MICROSOURCE MANAGEMENT, INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIM SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision that Granite State Insurance Company and State Compensation Insurance Fund only covered clerical and outside sales staff for Microsource Management, Inc. The Board found the arbitrator's decision lacked required express findings of fact and a determination of rights, and rescinded the decision. The case is returned to the trial level for further development of evidence regarding the applicant's exact job role on the date of injury and to issue a new decision with proper findings and an order.

Workers Compensation Appeals BoardKhalil TantawiUniforms IncMicrosource Management IncGranite State Insurance CompanyAIG Claim Services IncState Compensation Insurance Fundspecial employergeneral employeroutside salesperson
References
Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)
Regular
Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ1328083 (SDO 0277959)
Regular

BLANCA SOSA vs. CONEXANT SYSTEMS, INC., ULTIMATE STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES INC., INTEGRATED MICROWAVE CORPORATION, ZENITH INSURANCE COMPANY

This is an order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration in the case of Blanca Sosa v. Conexant Systems, Inc. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition for reconsideration is denied, and the original decision of the WCJ stands.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJ reportDENY RECONSIDERATIONCONEXANT SYSTEMSULTIMATE STAFFING SERVICESCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONBROADSPIRE SERVICES INC.INTEGRATED MICROWAVE CORPORATION
References
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
Case No. ADJ10334027
Regular
Feb 24, 2017

MAURICIO VALENCIA ALEJANDRE vs. AEROGROUND INC, XL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by the defendant, Aeroground Inc., challenging an Order setting a trial date. The defendant argued a due process violation due to not being allowed to file a pre-trial conference statement after missing a prior hearing. However, the parties subsequently submitted a Compromise and Release agreement that was approved. Consequently, the Board dismissed the Petition for Removal as moot because the case was resolved.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderPre-trial conference statementDue process violationCompromise and ReleaseOrder Approving Compromise and ReleaseDismissedAdministrative Law JudgeAEROGROUND INC
References
Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
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