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Case Law Database

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

Case No. ADJ7741805

Regular

Sep 08, 2015

IRAIS REYES vs. ROYAL CATERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant sought to dismiss the case based on res judicata and retraxit due to a prior civil settlement, and also identified a clerical error in the third-party credit calculation. The WCJ recommended denial, asserting that employment was previously determined and the civil dismissal did not preclude the current claim. The Appeals Board granted reconsideration solely to amend the award to correct the calculation of the third-party credit, affirming the original award in all other respects. The amended credit reflects the applicant's net civil recovery less employer negligence.

AOE/COEFindings and Awardpermanent total disabilitythird party creditemployer negligenceres judicataretraxitcollateral estoppelstipulated third party creditcivil lawsuit

References

Case No. ADJ7712702

Regular

Jul 22, 2013

MICHAEL BOOKER vs. ATLANTA FALCONS, TENNESSEE TITANS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an administrative law judge's dismissal of the Tennessee Titans and their insurer, Travelers, with prejudice. The WCAB rescinded the dismissal order, finding that dismissal with prejudice may improperly bar future indemnity claims between employers and potentially conflict with the applicant's right to join necessary parties. Furthermore, dismissing Travelers with prejudice could negatively impact the applicant. The case is returned for further proceedings to ensure the applicant's entitlement to benefits is determined first.

Workers' Compensation Appeals BoardReconsiderationOrder of Dismissal With PrejudiceRetraxitIndemnity RightsCross-complaintSupplemental ProceedingsLabor Code Section 5500.5(b)Joining PartiesManzano v. Flavurence Corp.

References

Case No. ADJ8159444

Regular

Jul 30, 2018

BRANDON NOBLE vs. WASHINGTON REDSKINS, DALLAS COWBOYS, SAN FRANCISCO 49ERS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, ESIS, INC., FAIRMONT INSURANCE COMPANY, ZENITH INSURANCE COMPANY, NATIONAL UNION AND FIRE INSURANCE, GALLAGHER BASSETT SERVICES SERVICES, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's contention that the Washington Redskins should not have been dismissed from the case. Although the applicant initially sought and obtained a dismissal of the Redskins with prejudice, they were later rejoined to the case by the judge. The WCAB found that the Redskins waived their objection to this rejoinder by failing to raise it promptly. Consequently, the WCAB rescinded the previous findings and returned the case for further proceedings, leaving the substantive issues regarding liability and arbitration unresolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCumulative Trauma InjuryDismissal with PrejudiceRejoining PartyWaiver of ObjectionRes JudicataSubject Matter Jurisdiction

References

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IRAIS REYES vs. ROYAL CATERING COMPANY, STATE COMPENSATION INSURANCE FUND

AOE/COEFindings and Awardpermanent total disabilitythird party creditemployer negligenceres judicataretraxitcollateral estoppelstipulated third party creditcivil lawsuit

MICHAEL BOOKER vs. ATLANTA FALCONS, TENNESSEE TITANS, TRAVELERS INDEMNITY COMPANY

BRANDON NOBLE vs. WASHINGTON REDSKINS, DALLAS COWBOYS, SAN FRANCISCO 49ERS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, ESIS, INC., FAIRMONT INSURANCE COMPANY, ZENITH INSURANCE COMPANY, NATIONAL UNION AND FIRE INSURANCE, GALLAGHER BASSETT SERVICES SERVICES, TRAVELERS INSURANCE