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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. SAL 0113718
Regular
Mar 21, 2008

MANUEL DeLANDA vs. SODEXHO, AIGRM

The applicant sought reconsideration of a workers' compensation claim dismissed with prejudice due to repeated failures to appear at hearings and a medical evaluation. The Appeals Board granted reconsideration, amending the dismissal to be without prejudice. This decision acknowledges the applicant's lack of participation but prioritizes the public policy of disposing of cases on their merits.

Workers' Compensation Appeals BoardReconsiderationDismissal with PrejudiceDismissal without PrejudiceApplication for Adjudication of ClaimLaborerLeft Hand InjuryLeft Wrist InjuryLeft Upper Extremity InjurySequela
References
Case No. ANA 0400591
Regular
May 05, 2008

ALEXANDER SPITZ vs. PEPSI BOTTLING COMPANY, OLD REPUBLIC INSURANCE

In this workers' compensation case, the Appeals Board granted the defendant's petition for removal, rescinded a prior order from the administrative law judge, and quashed the applicant's subpoena duces tecum. The Board found that the applicant failed to demonstrate good cause for the requested documents and that the protracted proceedings surrounding the subpoena were neither expeditious nor inexpensive, contrary to public policy. The applicant may issue a new, narrowly drawn subpoena if future disputes necessitate document production.

RemovalPetition for RemovalQuash Subpoena Duces TecumCode of Civil Procedure Section 1985(b)Good CauseMaterialityPublic PolicySubstantial JusticeExpeditiouslyInexpensively
References
Case No. ADJ10069789 MF ADJ10069817 ADJ10069939
Regular
Feb 02, 2017

ANTHONY SMITH vs. TW TRANSPORTATION

In this workers' compensation case, the applicant was hired in California but signed an employment contract with a choice-of-law clause selecting Washington law and forum. The WCAB granted reconsideration, reversing the administrative law judge's prior order to adjudicate in Washington. The Board found that hiring in California is a sufficient connection to establish WCAB jurisdiction, superseding the choice-of-law clause due to California's strong public policy interest in workers' compensation claims. Therefore, the applicant's claims will be adjudicated in California.

WCABJurisdictionLabor Code Section 3600.5(a)Contract of HireForum Selection ClauseChoice of Law ProvisionReconsiderationFindings of FactMcKinley v. Arizona CardinalsPalma
References
Case No. ADJ4213301 (ANA 0398168)
Regular
Apr 01, 2015

REGGIE STEPHENS vs. NASHVILLE KATS, GREAT DIVIDE INSURANCE COMPANY, KANSAS CITY CHIEFS, TIG INSURANCE COMPANY

The Appeals Board affirmed the finding that the applicant was hired in California, establishing jurisdiction for workers' compensation claims under Labor Code sections 3600.5(a) and 5305. The Board found that accepting an employment offer by telephone in California constituted hiring, regardless of subsequent contract signing elsewhere. This hiring connection was deemed sufficient to support jurisdiction, overriding contractual choice-of-law provisions that conflicted with California's public policy protecting workers' compensation rights. The case was returned for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardWCABcumulative industrial injuryoral contract of hirechoice of law provisionjurisdictioncontract of hireconditions subsequentforum selection clausepublic policy
References
Case No. OAK 0255953
Regular
Aug 04, 2008

CLINTON HENDRIX vs. GALGON INDUSTRIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR NATIONAL INSURANCE, BROADSPIRE

This case clarifies that California Labor Code sections 4607 and 5814.5 do not authorize the use of a lodestar multiplier for attorney's fees awarded to enforce medical treatment awards. The Appeals Board rescinded its previous directive to defer consideration of section 4607 fees, affirming that the enforcement of medical treatment awards aligns with social policy and the public interest. The case is returned to the trial level for recalculation of fees under these statutes, without a lodestar multiplier, but acknowledging a prior final award under section 4607.

Workers' Compensation Appeals BoardClinton HendrixGalgon IndustriesCalifornia Insurance Guarantee AssociationSuperior National InsuranceliquidationBroadsPIREreconsiderationLabor Code sections 4607 and 5814.5attorney's fees
References
Case No. ADJ9763181
Regular
Oct 08, 2018

JUAN GONZALEZ (Deceased), MARIA RIVAS GONZALEZ (Widow), DIOSELINA GONZALEZ, et al. (Dependents) vs. SOUTH GREEN TRANSPORTATION, MARKEL INSURANCE SERVICES

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding the deceased was an employee of South Green Transportation. The defendant argued the decedent was actually employed by his daughter and that finding South Green Transportation as sole employer could lead to public policy violations. The WCAB denied reconsideration, adopting the WCJ's report that found no evidence the daughter was an employer. The Board affirmed that an employee can have multiple employers, and South Green Transportation was liable as the entity directing the decedent's work.

Dual EmploymentSpecial EmployerGeneral EmployerIndustrial InjuryEmployee StatusLabor Code Section 3300Labor Code Section 3351Labor Code Section 3357Joint and Several LiabilityPetition for Reconsideration
References
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