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

Case No. ADJ4234206 (SAC 0289998)
Regular
Nov 08, 2012

Stephen Hart vs. Chief Auto Parts/Auto Zone, Wausau Insurance/Liberty Mutual Insurance Company

The Court of Appeal reversed the WCAB's denial of reconsideration for Stephen Hart's workers' compensation claim. The Court found that previous decisions did not preclude Hart from pursuing temporary total disability benefits based on his cervical spine issues, which were claimed as a consequence of his original shoulder injuries. Consequently, the WCAB has granted reconsideration and remanded the case to the trial level. The WCJ must now determine if Hart sustained a compensable injury to his cervical spine and if it contributes to any ongoing temporary disability or need for medical treatment.

RemittiturOpinion and Decision After RemittiturCourt of AppealAnnulled OrderReconsiderationCompensable ConsequenceCervical Spine InjuryPetition to ReopenTemporary Total DisabilityFindings and Award
References
Case No. ADJ8815575
Regular
Mar 12, 2019

DEAN FITZPATRICK vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Third District Court of Appeal has determined that Labor Code section 4660, not 4662(b), governs the calculation of permanent disability ratings. The Court annulled a prior 100% permanent and total disability award, finding it was erroneously based on 4662(b). The Appeals Board granted the defendant's petition for reconsideration and will rescind the original award. The case is returned to the WCJ to issue a new decision consistent with the Court of Appeal's ruling that the undisputed scheduled rating of 99% was not rebutted.

RemittiturOpinion and Decision After RemittiturLabor Code section 4660Labor Code section 4662(b)Permanent total disabilityCumulative traumaWCJFindings Award and OrderPetition for ReconsiderationAnnulled
References
Case No. AHM 70712
En Banc
Jul 27, 2004

Jeannie Karaiskos vs. Metagenics, Inc., California Compensation Insurance Co., In Liquidation, California Insurance Guarantee Association, Risk Enterprise Management Ltd. (Servicing Facility)

The Appeals Board, following a remittitur from the Court of Appeal, rescinded a prior decision and affirmed that the California Insurance Guarantee Association (CIGA) is not obligated to pay a lien from the Employment Development Department (EDD) because it is not a 'covered claim'.

Workers' Compensation Appeals BoardRemittiturEmployment Development DepartmentEDD lienCalifornia Insurance Guarantee AssociationCIGAcovered claimInsurance CodeCourt of AppealWCJ
References
Case No. AHM 70712
Significant

Jeannie Karaiskos vs. Metagenics, Inc., California Compensation Insurance Co., In Liquidation, California Insurance Guarantee Association, and Risk Enterprise Management Ltd. (Servicing Facility)

The Appeals Board, following a remittitur from the Court of Appeal, rescinds its 2002 decision and reinstates its 2001 decision, affirming that the California Insurance Guarantee Association (CIGA) is not obligated to pay the lien claim of the Employment Development Department (EDD).

RemittiturEn BancEmployment Development DepartmentEDD lienCalifornia Insurance Guarantee AssociationCIGAcovered claimState of Californiarescindedreinstated
References
Case No. POM 248928
Significant
May 12, 2006

Mark Miceli, Plaintiff vs Jacuzzi, Inc.; RemedyTemp, Inc.; American Home Assurance Co.; California Insurance Guarantee Association for Reliance National Indemnity Co., In Liquidation

The Appeals Board, following a remittitur, determined that a special employer's insurance policy is not 'other insurance' under Insurance Code section 1063.1(c)(9). As a result, the California Insurance Guarantee Association (CIGA) was denied dismissal from the case involving the general employer's insolvent insurer.

RemittiturEn BancDecertified OpinionInsurance Code section 1063.1(c)(9)Other InsuranceCalifornia Insurance Guarantee Association (CIGA)Reliance National Indemnity Co.LiquidationRemedyTempInc.
References
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
Case No. ADJ7167413; ADJ7167333
Regular
Aug 04, 2016

ROSA LOPEZ vs. SUPERIOR CENTER CONCEPTS, INC., CARE WEST, PEGASUS RISK MANAGEMENT, PATRIOT RISK SERVICES FOR CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves Rosa Lopez seeking workers' compensation benefits for injuries sustained across multiple dates. The California Insurance Guarantee Association (CIGA) was initially involved, but following a Court of Appeal remittitur, the Workers' Compensation Appeals Board rescinded its prior decision. The Board now finds that CIGA is not liable for outstanding lien claims and orders CIGA dismissed as a party defendant in these consolidated cases.

Workers Compensation Appeals BoardRemittiturCalifornia Insurance Guarantee AssociationCIGAOther InsuranceLien ClaimsPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. POM 248928
Regular
May 12, 2006

MARK MICELI vs. JACUZZI, INC., REMEDYTEMP, INC., AMERICAN HOME ASSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY CO., In Liquidation

The Court of Appeal reversed the Appeals Board's prior decision, finding that the special employer's insurance (American Home Assurance Co.) was not "other insurance" available to the applicant. This ruling invalidated the previous dismissal of CIGA and dictated that the case be returned for further proceedings. The Appeals Board, following this remittitur, rescinded the prior consolidation and stay order, denying RemedyTemp's request for dismissal and CIGA/RemedyTemp's request for a new consolidation. Assurance's petition for appeal costs was also dismissed as it was filed with the wrong entity.

CIGARemedyTempJacuzziAmerican Home Assurance Co.Reliance National Indemnity Co.special employergeneral employerother insuranceInsurance Code section 1063.1(c)(9)remittitur
References
Case No. ADJ8710988
Regular
Jan 23, 2015

POPE POWELL vs. CITY AND COUNTY OF SAN FRANCISCO

This Workers' Compensation Appeals Board decision, following a Court of Appeal remittitur, mandates a redetermination of the applicant's permanent disability rating. The Court clarified that the appropriate occupational group must be based on the physical activities of the employee's job duties, not solely on job title. Consequently, the Board reinstated its prior decision but amended Finding 5 to defer issues of occupational group and permanent disability. The case is returned to the WCJ for further proceedings to establish the correct occupational group and permanent disability.

RemittiturOccupational groupPermanent disabilityPhysical activitiesWCJPQME reportCourt of AppealReconsiderationAnnulledRemand
References
Case No. ADJ1371452 (FRE 0216183)
Regular
Jan 05, 2012

PATRICK O'BRIEN vs. COUNTY OF FRESNO/SHERIFF'S DEPARTMENT, YORK INSURANCE SERVICES

This case returns to the WCAB following a court remittitur, directing reconsideration based on the *Baker* decision. The *Baker* ruling clarified that Cost of Living Adjustments (COLAs) under Labor Code section 4659(c) are applied prospectively from the January 1st following entitlement. For this applicant's total permanent disability, permanent and stationary status and benefit commencement were April 26, 2008, entitling them to the COLA from January 1, 2009. Consequently, the WCAB granted reconsideration, affirmed the original award except for substituted findings regarding the COLA start date, and deferred the attorney's fees issue for trial level determination.

RemittiturBaker v. Workers' Comp. Appeals Bd.Labor Code section 4659(c)COLAPermanent and Stationary DateTotal Permanent DisabilityLife PensionState Average Weekly WageAttorney's FeesJurisdiction Reserved
References
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