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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8438071
Regular
Jun 07, 2013

MONICA CONTRERAS vs. KELLER WILLIAMS REALTY, SACRAMENTO METRO; TOWER NATIONAL INSURANCE IRVINE

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that Monica Contreras was an employee of Keller Williams Realty. The WCAB determined that the initial finding was erroneously based on the legal requirement for real estate agents to be associated with a broker, rather than a factual analysis of the control exercised by the defendant. The case is returned to the Administrative Law Judge for further proceedings and a new decision considering the factual relationship and the multi-factor test for employment status. The WCAB emphasized that the right to control the means and manner of work is the primary test.

Workers' Compensation Appeals BoardMonica ContrerasKeller Williams RealtyTower National InsurancePetition for ReconsiderationFindings of FactAdministrative Law JudgeEmployee StatusIndependent ContractorReal Estate Agent
References
Case No. ADJ7998682, ADJ8728951
Regular
Dec 16, 2013

Elizabeth Herrera Mendez vs. L&B Real Estate, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding that the applicant was an employee of L&B Real Estate. The Board adopted the Workers' Compensation Administrative Law Judge's report and gave great weight to the judge's credibility determination. The applicant's credible testimony regarding her employment and duties as an apartment manager, in exchange for a rent reduction, formed the basis of the decision. The defendant's arguments disputing employment and referencing a prior Labor Commissioner finding were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Apartment ManagerInjury DatesEmployment DisputeApplicant TestimonyL&B Real Estate
References
Case No. ADJ7665162, ADJ7647930, ADJ7644904
Regular
Apr 11, 2014

MARTINA MONTANO vs. WEST COAST PLASTICS, INC., ZENITH INSURANCE CO., CYPRESS INSURANCE CO., INSURANCE CO. OF THE WEST

The Appeals Board granted reconsideration, rescinded dismissal orders for lien claimants LYG Professional Medical Group and Southern California Sports Rehabilitation, and returned the matter to the trial level. This was because the dismissal orders were not properly served on the lien claimants' agent of record, MBS Systems. Additionally, the record was unclear as to whether MBS Systems' representative appeared at the lien conference. Consequently, the Board found further proceedings necessary to determine the status of the liens.

Lien ClaimantsPetition for ReconsiderationSelf-Executing OrderLien ConferenceDismissal with PrejudiceRule 10500(b)Designated ServiceAgent of RecordRule 10510Proof of Service
References
Case No. SAC 0354059
Regular
Jul 24, 2007

DAVID LONG (Deceased) STEVEN LONG (Administrator of the Estate Of DAVID LONG) vs. MEDIA NEWS GROUP, INC., LIBERTY MUTUAL INSURANCE CO.

This case concerns a deceased worker whose estate was initially awarded death benefits under Labor Code section 4702(a)(6)(B). However, after a subsequent court ruling found this specific statute unconstitutional, the Workers' Compensation Appeals Board (WCAB) amended its decision. Consequently, the award to the deceased's estate was removed, as were associated attorney's fees, while the award to the Death Without Dependents Unit remains valid.

Workers' Compensation Appeals BoardDeceasedEstateIndustrial InjuryDeath Without Dependents UnitLabor Code section 4702(a)(6)(B)Labor Code section 4706.5(a)UnconstitutionalSix Flags Inc. v. Workers' Comp. Appeals Bd. (Rackchamroon)Reconsideration
References
Case No. ADJ8556609
Regular
Jul 01, 2018

LUIS ROBLES vs. THE ESTATE OF VICKY BLEAZARD, dba BLEAZARD COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The WCAB granted the applicant's petition for removal, reversing the WCJ's decision that denied joinder of the employer's estate and the Uninsured Employers Benefits Trust Fund (UEBTF). The Board clarified that Labor Code § 5306 permits workers' compensation claims against a deceased uninsured employer's estate, irrespective of probate presentation. Furthermore, the Board found UEBTF properly joined due to the Estate's general appearance and service of a special notice of lawsuit. Consequently, the case is returned for further proceedings with both the Estate and UEBTF joined as defendants.

Workers Compensation Appeals BoardPetition for RemovalEstate of Vicky BleazardUninsured Employers Benefits Trust FundLabor Code § 3715Labor Code § 5306general appearancespecial notice of lawsuitprobate courtstatute of limitations
References
Case No. ADJ1335306 (SJO 0252339)
Regular
Feb 09, 2011

NANCY CUDDY vs. ALAIN PINEL REALTORS, STATE COMPENSATION INSURANCE FUND

This case concerns the employer's petition for reconsideration of a prior award. The employer argued that the 2005 permanent disability rating schedule should apply, not the 1997 schedule, and that there was insufficient medical evidence for the finding of dry mouth. The Appeals Board granted reconsideration to defer the issues of permanent disability and apportionment. This decision was based on the fact that the treating physician's reports, crucial for determining the applicable rating schedule, were not admitted into evidence. The Board affirmed the finding of dry mouth as a compensable consequence injury based on existing medical evidence.

Workers' Compensation Appeals BoardAlain Pinel RealtorsState Compensation Insurance FundADJ1335306Opinion and Order Granting Petition for ReconsiderationFindings Award and Orderindustrial injuryreal estate agentspineleft ankle
References
Case No. ADJ3581423
Regular
Aug 12, 2010

CASELA CURIEL vs. REMAX, STATE COMPENSATION INSURANCE FUND

The California Workers' Compensation Appeals Board granted reconsideration of the original Findings and Award because the WCJ failed to definitively determine whether the applicant was an employee or an independent contractor, which is critical to establishing liability. The Board remanded the case for further proceedings to allow the WCJ to conduct a proper *Borello* analysis and determine the applicant's employment status with Remax. Additionally, the Board noted potential issues with temporary disability and wage calculations that require further review and substantiation, including medical evidence for temporary disability. The case is returned to the trial level for a new decision that resolves these fundamental issues.

Independent contractorReal estate agentIndustrial injuryLeft footLeft ankleToe amputationAverage weekly earningsTemporary disabilityPermanent disabilityApportionment
References
Case No. ADJ3581423 (VNO 0484326)
Regular
Oct 24, 2008

GISELA CURIEL vs. REMAX, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings due to a deficient record. The initial decision lacked a clear summary of issues, stipulated evidence, and admitted exhibits, failing to meet the requirements for a proper trial record as outlined in *Hamilton v. Lockheed*. Therefore, the matter must be remanded to develop the record and allow the WCJ to issue a new decision.

AOE/COEPetition for ReconsiderationFindings and AwardReal Estate AgentIndependent ContractorTemporary Disability Indemnity (TDI)Mandatory Settlement Conference (MSC)StipulationDevelop the RecordInadequate Record
References
Case No. ADJ8089263
Regular
Oct 28, 2015

ANGELICA LEGASPI vs. UNO PRODUCE MARKET, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision that disallowed lien claimant Preferred Scan's (PS) claim. The Board found PS was exempt from registration as a professional photocopier because it acted as an agent or independent contractor for applicant's attorney, a member of the State Bar, as permitted by Business and Professions Code section 22451(b). The WCAB emphasized that the statute's plain language does not require the agent or contractor to forgo profit for the exemption to apply. The case was returned to the trial level for a new decision on the compensability of the lien.

Workers' Compensation Appeals BoardLien ClaimantPreferred ScanBusiness and Professions Code section 22451(b)Business and Professions Code section 22450registered professional photocopierState Bar memberagentindependent contractorWCJ
References
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