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Case Law Database

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

Case No. ADJ8509304

Regular

Jul 25, 2012

MARIBEL RODRIGUEZ ORTEGA vs. HINAS MERCY SOUTHWEST PHARMACY, STATE FARM & CASUALTY COMPANY

This case involves a statute of limitations defense raised by defendant State Farm. The applicant filed their claim over one year after receiving notice of file closure and more than five years after the date of injury. The Appeals Board granted State Farm's Petition for Removal, rescinding the prior order that took the matter off calendar. The Board found good cause to bifurcate the statute of limitations issue, allowing for a separate trial to determine its applicability. This decision aims to promote judicial economy and avoid unnecessary litigation expenses for all parties involved.

Petition for RemovalStatute of LimitationsBifurcationJudicial EconomyThreshold IssueOrder RescindedDecision After RemovalWorkers' Compensation Appeals BoardIndustrial InjuryPharmacy Technician

References

Case No. ADJ8296919

Regular

Nov 26, 2012

ISMAEL DE LA TORRE vs. WELLS FARGO BANK, SEDGWICK

The Workers' Compensation Appeals Board dismissed Wells Fargo Bank's Petition for Removal and/or Reconsideration. Defendant had requested the rescission of an order continuing the case to trial, asserting it was not ready. However, the parties subsequently agreed to take the case off calendar at the scheduled trial date. Consequently, the Board found the defendant's petition to be moot.

WCABPetition for RemovalPetition for ReconsiderationMootDismissedOff CalendarWCJ OrderAdministrative Law JudgeWells Fargo BankSedgwick

References

Case No. ADJ2143506 (AHM 0139193)

Regular

Mar 05, 2009

MARIA CASTILLO vs. EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior order denying Cypress Insurance Company's petition to join State Compensation Insurance Fund (SCIF). Cypress sought contribution from SCIF for a cumulative trauma injury claim settled by compromise and release with the applicant, Maria Castillo. The Board found that Cypress's petition for joinder and contribution was timely filed within one year of the settlement, and thus, failure to join SCIF prior to settlement did not waive Cypress's right to seek contribution. The case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePetition for JoinderContributionCumulative TraumaApportionment of LiabilityLabor Code Section 5500.5State Compensation Insurance FundEmployer Liability

References

Case No. LAO 0856142

Regular

Jan 04, 2008

MARCO ANTONIO HERNANDEZ vs. LANCA, INC. dba LANCA EXPRESS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involved an applicant, a delivery driver, who was shot and robbed while exiting a hotel after a delivery run. The applicant argued his injuries were work-related under the "commercial traveler" rule, which extends coverage to employees traveling for business. The defense contended the applicant was engaged in personal activities when injured, even if the location was a high-crime area. The Board denied reconsideration, upholding the finding that the injury was industrial, as the applicant's work duties brought him to the location where the incident occurred, and personal activities during travel are generally covered if reasonable.

Workers' Compensation Appeals BoardCommercial Traveler RuleCourse of EmploymentArising Out of EmploymentCredibility DeterminationReasonable InferencesPetition for ReconsiderationIndustrial InjuryBusiness TripLodging and Meals

References

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MARIBEL RODRIGUEZ ORTEGA vs. HINAS MERCY SOUTHWEST PHARMACY, STATE FARM & CASUALTY COMPANY

Petition for RemovalStatute of LimitationsBifurcationJudicial EconomyThreshold IssueOrder RescindedDecision After RemovalWorkers' Compensation Appeals BoardIndustrial InjuryPharmacy Technician

ISMAEL DE LA TORRE vs. WELLS FARGO BANK, SEDGWICK

WCABPetition for RemovalPetition for ReconsiderationMootDismissedOff CalendarWCJ OrderAdministrative Law JudgeWells Fargo BankSedgwick

MARIA CASTILLO vs. EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY

MARCO ANTONIO HERNANDEZ vs. LANCA, INC. dba LANCA EXPRESS, UNINSURED EMPLOYERS BENEFITS TRUST FUND