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

Case No. LAO 0815296, LAO 0815298
Regular
Jul 29, 2008

MARIA LIEVANOS vs. GOLDEN STATE FOODS, BROADSPIRE (CRAWFORD & COMPANY) CNA/RSKCO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a prior decision that found Crawford's petition for contribution untimely. The WCAB determined that the parties' Compromise and Release (C&R) agreement, specifically paragraph 14, constituted a final judgment of contribution between Crawford and RSKCo, setting forth their respective liabilities. Therefore, the WCAB held that Labor Code section 5500.5(e) did not bar Crawford's claim for reimbursement as the C&R itself provided the basis for contribution.

Workers' Compensation Appeals BoardPetition for ContributionTimelinessStatute of LimitationsCompromise and Release (C&R)Order Approving Compromise and Release (OACR)Apportionment of LiabilityDeclaratory JudgmentContinuing JurisdictionLabor Code Section 5500.5(e)
References
3
Case No. MISSING
Regular Panel Decision
May 01, 2007

Claim of Manticoff v. American Building Maintenance

The claimant sustained a work-related injury in June 2000. Due to an administrative error by the Workers’ Compensation Board, Reliance National Indemnity Company was incorrectly identified as the carrier instead of RSKCo. Despite Reliance raising coverage issues promptly, a WCLJ initially directed it to pay benefits. After a period, a WCLJ found Reliance barred by laches from denying coverage, a decision affirmed by a Board panel. However, the full Board reversed, ruling that Reliance was not barred by laches and that RSKCo was the proper carrier. RSKCo appealed this decision, arguing that laches should apply against Reliance due to an inexcusable delay in denying coverage. The Appellate Division affirmed the Board's determination, finding substantial evidence that Reliance did not inexcusably delay in raising its defense and therefore, the doctrine of laches was inapplicable.

Laches DoctrineInsurance Carrier DisputeAdministrative ErrorThird-Party AdministratorAppellate ReviewCoverage DenialTimeliness of DefensePrejudiceSubstantial EvidenceBoard Decision Appeal
References
5
Case No. ADJ2700136 (RIV 0032173)
Regular
Dec 01, 2010

ALTAGRASIA CABRERA vs. MOTEL 6, RSKCO

This Workers' Compensation Appeals Board case is on reconsideration. The Board granted reconsideration, rescinded the original WCJ's decision, and returned the case to the trial level for further proceedings. The Board adopted the WCJ's report, which recommended a status conference on the applicant's lien claim and the defendants' petition for costs and sanctions. This is not a final decision on the merits.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ's decisionrescindfurther proceedingslien claimcosts and sanctionsstatus conferencetrial levelDecision After Reconsideration
References
0
Case No. ADJ2528253 [VNO 0109315] ADJ4079159 [VNO 0110903] ADJ1557998 [VNO 0100061] ADJ1727207 [VNO 0120684]
Regular
Sep 19, 2008

GORDON BERGELSON vs. SPORTSCOACH CORPORATION OF AMERICA, RSKCO

The Appeals Board dismissed the applicant’s petition for reconsideration of the WCJ’s July 15, 2008 order relieving applicant’s counsel. The order relieving counsel is not a final order subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting Petition to Be Relieved as CounselWorkers' Compensation Administrative Law JudgeInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability of PartiesAttorney-Client RelationshipSignificant Prejudice
References
7
Case No. VNO 470741
Regular
Feb 11, 2008

BERTHA DEICHLER vs. KELLY STAFF LEASING, INC., RSKCO/CONTINENTAL CASUALTY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a $9\%$ permanent disability award, finding no error in the apportionment of disability to non-industrial factors. The Board granted the defendant's petition for reconsideration to clarify credit for time worked and affirmed the original award with minor amendments to the temporary disability section. Jurisdiction was reserved for the parties to resolve the exact credit amount if they cannot do so themselves.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ Findings Award and OrderIndustrial InjuryBack Knee ElbowTemporary Total DisabilityPermanent DisabilityApportionmentMedical EvidenceCredit for Time Worked
References
0
Case No. ADJ756255 (AHM 0069873)
Regular
Jun 10, 2010

DAVID HANNA vs. UNITED STAFFING SOLUTIONS, INC., CHINO VALLEY MEDICAL, CIGA serviced By BROADSPIRE for SUPERIOR NATIONAL INSURANCE in liquidation, TRANSPORTATION INSURANCE (RSKCO) c/o BROADSPIRE

This case involves Transportation Insurance Company's petition for removal, seeking to avoid joinder as a defendant in a workers' compensation claim. Transportation argues they were prejudiced by not having an opportunity to defend against the original claim due to CIGA's alleged failures. The Board denied the petition, finding that Transportation has not yet established significant prejudice or irreparable harm. The joinder order is not final, and Transportation still has the opportunity to litigate the special/general employment issue, which will determine their ultimate liability.

Petition for RemovalJoinder as Party DefendantIrreparable HarmSignificant PrejudiceCIGASpecial/General EmploymentStatute of LimitationsDue ProcessContribution ClaimWorkers' Compensation Appeals Board
References
0
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