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

Case No. ADJ3077817 (ANA 0338837)
Regular
May 09, 2011

FREDY ORELLANA vs. REMEDY TEMP, REMEDY INTELLIGENT STAFFING, INC./SELECT STAFFING, RELIANCE INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES for CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a credit for overpaid temporary disability. The Board granted the defendant's petition, amending the original finding to clarify that the $\$9,537.12$ overpayment credit applies against permanent disability benefits after attorney fees, not against medical treatment. The Board affirmed the WCJ's findings on the industrial injury and permanent disability award. The defendant's argument regarding a special employer relationship was not explicitly addressed in the final decision summary provided.

CIGAReliance InsuranceliquidationIntercare Insurance Servicesspecial employmentRemedy TempRemedy Intelligent StaffingMaruchancredit for overpaymenttemporary disability
References
Case No. ADJ4415679 (OAK 0259031) ADJ2701101 (WCK0050594)
Regular
May 10, 2010

Stanley Sanders vs. REMEDY INTELLIGENT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, OREGON STEEL MILLS, INC. dba NAPA PIPE

The Workers' Compensation Appeals Board reversed a judge's decision, ruling that Napa Pipe, a self-insured special employer, is liable for applicant Stanley Sanders' workers' compensation benefits. Despite an agreement between the general employer (Remedy Temp) and Napa Pipe attempting to limit liability to Remedy Temp's insurer (Reliance), Napa Pipe's joint and several liability as a special employer cannot be contractually eliminated. Because Napa Pipe's self-insurance was not excluded for special employees and constitutes "other insurance" under Insurance Code § 1063.1(c)(9), CIGA is relieved of its obligation to provide benefits following Reliance's insolvency. Therefore, Napa Pipe must now provide all workers' compensation benefits and administer the claim.

Workers' Compensation Appeals BoardStanley SandersRemedy Intelligent StaffingCalifornia Insurance Guarantee AssociationReliance National Insurance CompanyOregon Steel MillsNapa PipeADJ4415679ADJ2701101Opinion and Decision After Reconsideration
References
Case No. ADJ514501
Regular
May 29, 2012

ANTEINOR SERRANO vs. REMEDY INTELLIGENT STAFFING, CUSTOM BUILDING PRODUCTS, CHARTIS, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration as a clerical matter to ensure internal consistency in the original decision. The WCAB affirmed the judge's decision, finding that applicant Antenor Serrano sustained an injury to his back and left knee arising out of and occurring in the course of employment. The case was returned to the trial level for further proceedings regarding insurance carriers.

Workers' Compensation Appeals BoardReconsiderationDecision After ReconsiderationJanitorCustom Building ProductsRemedy Intelligent StaffingBack InjuryKnee InjuryInsurance CarriersAdministrative Law Judge
References
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
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. ADJ6843753
Regular
Jul 03, 2012

REGLO MOLINA vs. WORKFORCE STAFFING dba GENEVA STAFFING and TOWER GROUP COMPANIES (Formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA) Administered By INTERCARE HOLDINGS INSURANCE SERVICES

In *Molina v. Workforce Staffing*, the Workers' Compensation Appeals Board denied a Petition for Removal. The Board adopted and incorporated the administrative law judge's report as the basis for this denial. The specific reasons for the denial are detailed in that incorporated report. The order was served on July 3, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardWorkforce StaffingGeneva StaffingTower Group CompaniesSpecialty Underwriters AllianceSUAIntercare Holdings Insurance ServicesADJ6843753Marina del Rey
References
Case No. ADJ9229079
Regular
Nov 22, 2017

NICOLE DAVIS vs. DMSI STAFFING, LLC, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would result from denial, and reconsideration would be inadequate. The WCAB found that the applicant failed to demonstrate either of these criteria, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.ADJ9229079
References
Case No. ADJ3974600 (MON 0334960); ADJ4075150 (MON 0334961); ADJ277095 (MON 0358718)
Regular
Feb 17, 2009

GLADYS JIMENEZ vs. ROSS STAFFING, Dba ULTIMATE STAFFING; ZURICH AMERICA, Administered By NOVAPRO RISK SOLUTIONS

The Appeals Board granted reconsideration and amended the original award to correct clerical errors. Specifically, the temporary disability period was corrected to June 16, 2005, through June 20, 2005. The award was also clarified to reflect that the defendant is entitled to credit for attorney fees against permanent disability advances. Finally, the defendant was found not liable for medical-legal costs that did not comply with Labor Code sections 4061 and 4062.

Workers' Compensation Appeals BoardGladys JimenezRoss StaffingUltimate StaffingZurich AmericaNovapro Risk SolutionsADJ3974600ADJ4075150ADJ277095Opinion and Order Granting Reconsideration
References
Case No. ADJ15203597; ADJ15203084; ADJ15203598
Regular
Aug 04, 2025

FRANCISCO AGUIRRE vs. CALIFORNIA DRYWALL CO.; THE HARTFORD

The Workers' Compensation Appeals Board considered a Petition for Removal. The Board denied the petition, stating that removal is an extraordinary remedy rarely granted. The petitioner failed to demonstrate substantial prejudice or irreparable harm, nor did they show that reconsideration would not be an adequate remedy. Therefore, the Board concluded that the petition should be denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAppeals BoardCalifornia Drywall Co.The Hartford
References
Case No. ADJ9589089
Regular
Sep 28, 2018

Ellen Deubner vs. Wellpoint, Zurich North America

The Workers' Compensation Appeals Board denied Ellen Deubner's Petition for Removal. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The Board found that Deubner failed to demonstrate either, and that reconsideration would be an adequate remedy if an adverse decision is ultimately issued. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyextraordinary remedydenial of removalcase ADJ9589089
References
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