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

Case No. ADJ6940334
Regular
Jan 28, 2011

AURELIO RAMOS LOPEZ vs. JESUS AGUILAR dba C&A FRAMING et al.

The Workers' Compensation Appeals Board granted reconsideration, rescinded a deficient arbitrator's judgment, and returned the matter for further proceedings. The original "Judgment" failed to comply with statutory requirements for a decision, lacking an opinion and a signature. Defendant Granite argued denial of due process due to insufficient time for discovery after being joined as a party. Defendant C&A contended substantial evidence supported coverage by AIG on the date of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationJudgmentArbitrationCoverageDate of InjuryDue ProcessDiscoverySubstantial EvidenceWaiver
References
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
Case No. ADJ2548586 (VNO0557073)
Regular
Apr 03, 2025

MELANIE SANCHEZ vs. MIANO'S FOOD CORPORATION, HARTFORD INSURANCE COMPANY OF THE MIDWEST, TRAVELERS CASUALTY & SURETY CO.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings concerning the date of injury and liability under Labor Code section 5500.5, specifically due to an incomplete arbitration record. Despite a Notice of Intention to rescind and an extended deadline for submitting missing documents, the required transcripts and pleadings were not filed. Emphasizing the importance of due process and a complete evidentiary record for meaningful review, the Appeals Board rescinded the arbitrator's decision and returned the matter for further proceedings, allowing any aggrieved party to seek reconsideration of a new decision.

Labor Code 5500.5ContributionReimbursementStatute of LimitationsArbitrator's DecisionReconsiderationRescindedIncomplete RecordDue ProcessSubstantial Justice
References
Case No. ADJ10850096 ADJ10851592
Regular
Oct 25, 2018

MARIA FLORINA PADRON DE HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision concerning Maria Padron de Hernandez's workers' compensation claim. The arbitrator had found a specific back injury, awarded temporary disability, denied future medical treatment, and imposed sanctions. The WCAB rescinded the arbitrator's decision, returning the matter for further proceedings. This action was based on the finding that the parties' Alternative Dispute Resolution (ADR) agreement stipulated arbitration under American Arbitration Association rules, which were not provided nor followed. Consequently, it could not be determined if the arbitration proceeded according to the agreed-upon rules, thus potentially violating due process.

Workers Compensation Appeals BoardAlternative Dispute ResolutionLabor Code section 3201.7Arbitrator's Findings and AwardCosts and SanctionsContinuing InjuryTemporary DisabilityOverpaymentFuture Medical TreatmentReconsideration
References
Case No. ADJ2785272 (MON 0214399)
Regular
Jul 20, 2012

OLE BARRING vs. MCMAHAN'S FURNITURE COMPAN, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICH CLAIMS for FREMONT INDEMNITY, TIG/FAIRMONT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted TIG/Fairmont's petition for reconsideration. The Board rescinded the arbitrator's Finding of Facts due to procedural deficiencies, specifically the failure to adequately document the admitted evidence and provide a proper report on reconsideration. The case is returned to the arbitrator to issue a statutorily compliant decision, clearly identifying all admitted evidence and stipulations. The arbitrator is instructed to consider only previously submitted exhibits and evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitration Finding of FactsCumulative Trauma InjuryInsurance CoverageLiquidationAdministrative Law JudgeMemorandum of HearingStipulationsAdmitted Exhibits
References
Case No. ADJ6607637
Regular
Jul 01, 2010

NATHAN WINES vs. SDA SECURITY SYSTEMS, INC., INSURANCE COMPANY OF THE WEST, ZENITH INSURANCE COMPANY

This case involves a workers' compensation claim where Insurance Company of the West (ICW) seeks reconsideration of an arbitration decision barring its contribution claim against Zenith Insurance Company. The arbitrator initially found ICW's contribution proceedings were untimely, but now recommends granting reconsideration based on new case law. The Workers' Compensation Appeals Board agreed that a Declaration of Readiness to Proceed can satisfy the "institute proceedings" requirement for contribution claims under Labor Code §5500.5(e), reversing the prior decision and returning the matter for further proceedings.

Workers' Compensation Appeals BoardArbitration DecisionStatute of LimitationsContribution ProceedingsDeclaration of ReadinessLabor Code §5500.5(e)Stipulated AwardCumulative InjuryIndustrial InjuryInsurance Coverage
References
Case No. ADJ1525428
Regular
Aug 20, 2013

Raymond Barrios vs. Irwin Industries, Inc., California Insurance Guarantee Association, For California Compensation Insurance Company, In Liquidation, Mobil Corporation, Petroleum Casualty Company

The Workers' Compensation Appeals Board (WCAB) vacated an arbitrator's findings due to an incomplete arbitration file, lacking essential evidence and documentation. The WCAB found the arbitrator failed to comply with regulations requiring minutes of hearing, stipulations, and a summary of evidence. Consequently, the WCAB rescinded the arbitrator's decision and returned the case to the trial level for further proceedings. The prior order compelling arbitration was also vacated, allowing parties to resubmit to arbitration if desired.

WCABCIGAarbitrationreconsiderationarbitration fileminutes of hearingsummary of evidencedocumentary evidencetestimonial evidencestipulated facts
References
Case No. ADJ7863400
Regular
Mar 20, 2019

PEDRO PEREZ vs. CLIFTON CAFETERIA, STAR INSURANCE, ILLINOIS MIDWEST, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded an arbitrator's decision and returned the case to the trial level for a new arbitrator selection. This action was taken because the original arbitrator was unavailable, failed to provide the arbitration file, and recused himself due to medical issues. The Appeals Board requires a complete record to properly review petitions for reconsideration. Therefore, the case must be reheard to ensure a just and reasoned decision.

Workers' Compensation Appeals BoardReconsiderationArbitratorCumulative TraumaDate of InjuryLabor Code Section 5500.5ReimbursementMedical ExpensesCompwest InsuranceIllinois Midwest
References
Case No. AHM 106897 AHM 106895 AHM 108789
Regular
Feb 05, 2008

VERONICA ORTIZ vs. DOWNEY AREA RECYCLING TRANSFER, CIGA by INTERCARE INSURANCE SERVICES for SUPERIOR NATIONAL, in liquidation, STATE COMPENSATION INSURANCE FUND

This case concerns State Compensation Insurance Fund's (SCIF) challenge to an arbitrator's decision granting contribution rights to CIGA. The arbitrator awarded CIGA $43,418.27 in contribution, which SCIF disputes based on incorrect facts and law. The Workers' Compensation Appeals Board rescinded the arbitrator's decision, remanding the matter for findings on injury and common body parts to determine contribution entitlement.

Workers' Compensation Appeals BoardCIGASCIFContributionReconsiderationArbitrator's FindingsCompromise and ReleaseThomas findingAOE/COEPost-termination defense
References
Case No. ADJ7286100; ADJ7286102
Regular
Apr 06, 2012

VILMA LAMBEY vs. MY OWN LIFE FOUNDATION, STATE COMPENSATION INSURANCE FUND, STATE FARM FIRE AND CASUALTY COMPANY, KHEESA SLAUGHTER

The Workers' Compensation Appeals Board granted reconsideration to determine the applicant's employer, as this issue was erroneously sent to arbitration. The Board found that the arbitrator lacked jurisdiction to decide employment status, which is a matter for the WCJ. Consequently, the prior arbitration order is rescinded and the case is returned to the trial level for a new decision on employer identity and coverage. The Board also directed that Kheesa Slaughter and State Farm be joined as defendants if not already properly done.

Workers' Compensation Appeals BoardReconsiderationArbitrationInsurance CoverageIdentity of EmployerAOE/COELabor Code Section 5275Labor Code Section 3300Labor Code Section 3351Labor Code Section 3357
References
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