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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8463132 ADJ8752512
Regular
2014-05-00

MARIA JIMENEZ vs. IHG RESOURCES, INC., ZURICH NORTH AMERICA

This case involves a petition for removal filed by applicant Maria Jimenez regarding the calendaring of hearings. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that the Division of Workers' Compensation (DWC) has discretion in providing office quarters and scheduling hearings based on budgetary and space limitations. The WCAB can calendar hearings at different offices due to resource constraints, even if venue is established elsewhere. Therefore, the petition for removal was denied as per the administrative law judge's report.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' Compensationbudgetary constraintsvenuesatellite officejudicial resourcesspace resourcesadministrative law judge reportdenying removal
References
Case No. ADJ302560
Regular
Jan 10, 2012

DAVID COE vs. PROFESSIONAL ASSOCIATION OF DIVING INSTRUCTORS, MISSION INSURANCE COMPANY, IN LIQUIDATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board granted reconsideration on its own motion to correct a clerical error in a prior decision regarding a Labor Code section 5710 attorney's fee. The original award of $1,903.75 was twice the applicant's attorney's requested fee of $1,093.75, which the WCJ and the Board's prior decision acknowledged. The Board corrected its decision to reflect the accurate attorney fee of $1,093.75, while reaffirming that CIGA has no liability for this fee due to a credit against the applicant's third-party recovery, which is reduced by the corrected fee amount.

Workers' Compensation Appeals BoardProfessional Association of Diving InstructorsMission Insurance CompanyCalifornia Insurance Guarantee Association (CIGA)Labor Code section 5710attorney's feeclerical errorpetition for reconsiderationthird-party recoverynet third party recovery
References
Case No. ADJ3136701 (SFO 0461921)
Regular
Jun 01, 2012

HORST ROBERT STAHL vs. COSTCO WHOLESALE CORP.

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration, upholding the WCJ's finding that their lien was barred and ordering reimbursement of defendant's travel costs. The Board also initiated removal and intended to impose sanctions of $500 on the lien claimant's representative, Mark Gangl, and Recovery Resources, Inc. This action is due to material misrepresentations in their petition regarding the trial proceedings and costs. Sanctions are proposed for filing a petition that contained substantially misleading and factually unsupported statements.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsLachesLien ClaimantsTravel CostsLabor Code § 5813SanctionsBad Faith ActionsFrivolous Tactics
References
Case No. ADJ9316584
Regular
May 12, 2014

FRANCISCO BAEZ vs. JOHN CRAVENS PLASTERING, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal, upholding the administrative law judge's decision. The WCAB clarified that "satellite offices," like the one in Santa Barbara, do not qualify as "district offices" for venue purposes under Labor Code Section 5501.5. This distinction is based on the greater resources and staffing available at full-fledged district offices, supported by administrative interpretation and practical necessity. The WCAB affirmed its authority to calendar hearings at various locations based on available resources, regardless of the applicant's preferred venue.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeSatellite OfficeVenueLabor CodeAdministrative ConstructionContemporaneous Administrative ConstructionJudicial Resources
References
Case No. ADJ6880011
Regular
Dec 28, 2012

LUIS VASQUEZ vs. EMPIRE PERSONNEL, CLAIMQUEST, INC.

This case involves lien claimant Med-Legal, Inc. seeking reconsideration of a $750 sanction order. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the administrative law judge's finding. The sanctions were imposed due to Med-Legal's pattern of filing Declarations of Readiness to Proceed in multiple cases and then withdrawing them without explanation, thereby wasting judicial resources. The WCAB agreed that this conduct constituted false representation and was sanctionable, affirming the penalty in the Vasquez case.

Workers' Compensation Appeals BoardSanctionsLien ClaimantDeclaration of Readiness to ProceedReconsiderationWCJJudicial ResourcesFalse RepresentationPenalty of PerjuryGood Cause Response
References
Case No. ADJ9166662
Regular
Apr 04, 2014

EDITH BARRETT vs. PACIFICA GRADUATE INSTITUTE, TRAVELERS CASUALTY AND SURETY COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal. The WCAB affirmed the administrative law judge's report, which found no irreparable harm from rescheduling a conference to the Oxnard office due to space limitations at the Santa Barbara satellite office. The WCAB reiterated its authority to calendar hearings at different locations based on available resources and noted that CourtCall is available for remote appearances. The applicant's attorney failed to demonstrate significant prejudice or substantial harm resulting from the venue change.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationVenueDistrict OfficeHearing LocationBudgetary ConstraintsJudicial ResourcesSpace ResourcesCourtCall
References
Case No. SAC 293290
Regular
Feb 21, 2008

WILLIAM MENDOZA vs. LEE CUNEO dba THE BODY SHOP, UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board granted reconsideration to address the Uninsured Employers Benefits Trust Fund's (UEBTF) contentions. While affirming the award of retroactive vocational rehabilitation maintenance allowance (VRMA) at the delay rate, the Board amended the original order to allow the UEBTF credit for wages earned by the applicant as a property manager and for his net recovery in a third-party civil action against the uninsured employer. This credit will reduce the UEBTF's liability for the VRMA.

UEBTFVRMAdelay ratecredit for wagescivil action recoveryLabor Code section 139.5Labor Code section 4909property manager earningsthird party actionnet recovery
References
Case No. ADJ3694053 (SJO 0239468) MF ADJ2554333 (SJO 0247822)
Regular
Jan 27, 2017

JAMES HARRIS vs. TRENDWEST RESORTS, INC./CENDANT CORPORATION, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This case concerns whether a civil settlement for discrimination and harassment also resolved the applicant's workers' compensation claims and whether the defendant should receive credit for the civil recovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the civil release did not settle workers' compensation rights, emphasizing that the release was not submitted for WCAB approval and the applicant credibly testified it did not cover industrial injuries. Citing precedent, the WCAB found that the defendant's wrongful conduct should not benefit from a credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCivil Case SettlementGeneral ReleaseWorkers' Compensation BenefitsDouble RecoveryCredit for Civil RecoveryIndustrial InjuryCardiovascular System
References
Case No. ADJ2552389 (OAK 0301853), ADJ2702419 (OAK 0301854), ADJ350772 (OAK 0301856), ADJ3854894 (OAK 0321466)
Regular
Mar 26, 2012

BARBARA LIGE-DIXON vs. A.C. TRANSIT, SEDGWICK CMS, INC.

The defendant, AC Transit, sought reconsideration of an award finding four industrial injuries and three awards of permanent disability for Barbara Lige-Dixon. The primary dispute concerned whether the defendant could credit permanent disability advances made in one case (resulting in zero disability) against its liability in other cases. The Appeals Board granted reconsideration, finding equitable considerations supported allowing the credit across all cases due to overlapping injuries and evolving medical apportionment. The Board amended the award to permit the $12,930 advance credit, while deferring the issue of attorney fees against third-party recovery for further trial-level proceedings.

Workers' Compensation Appeals BoardPermissibly Self-InsuredJoint Findings Award and OrdersPermanent DisabilityPermanent Disability AdvancesCreditThird Party RecoveryEquitable ConsiderationsApportionmentAgreed Medical Examiner
References
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