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

Case No. ADJ801957 (LAO 0798054) ADJ2438083 (LAO 0851450)
Regular
Oct 04, 2010

ROBERTO CORTEZ vs. ESP 2000, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, TIG INSURANCE COMPANY

This case involves two industrial injuries sustained by Roberto Cortez as a deliveryman. The Workers' Compensation Appeals Board affirmed a joint findings and award, confirming two separate injuries in 2000 and a cumulative trauma injury from 2000-2001. The Board also affirmed the judge's calculation of applicant's attorney's fees as a percentage of the award, rather than an hourly rate, despite a dispute over the application of Labor Code section 4066. Ultimately, the Board agreed with the judge's findings on liability and attorney's fees, affirming the original award.

Workers' Compensation Appeals BoardRoberto CortezESP 2000 Inc.California Insurance Guarantee AssociationFremont Insurance CompanyTIG Insurance CompanyADJ801975ADJ2438083specific injurycumulative trauma
References
13
Case No. 30 AD3d 876
Regular Panel Decision

Sandra M. v. St. Luke's Roosevelt Hospital Center

The plaintiffs, Sandra M. and her husband, appealed a Supreme Court order granting summary judgment to St. Luke's Roosevelt Hospital Center, dismissing their complaint. Sandra M. was allegedly sexually assaulted by a nursing assistant, Ricardo Cortez, supplied by United Staffing System, Inc., while on suicide watch at the Hospital. The plaintiffs sued the Hospital, United, and Cortez, alleging the Hospital was negligent in its suicide watch policies and its failure to independently evaluate staff provided by United. The Appellate Division dismissed the appeal from the intermediate order and affirmed the judgment dismissing the complaint against the Hospital. The court found the Hospital was not vicariously liable for Cortez's personal tortious acts and had no duty to independently screen employees supplied by United, as it had no prior knowledge of Cortez's propensity for misconduct.

Personal InjurySexual AssaultNegligenceHospital LiabilityVicarious LiabilityIndependent ContractorNegligent HiringSummary JudgmentAppellate ReviewSuicide Watch
References
20
Case No. ADJ8969860
Regular
Jul 28, 2016

Miguel Cortez vs. American Security Force, Inc., The Hartford

This case involves an applicant, Miguel Cortez, who sought workers' compensation benefits for an alleged injury to his left shoulder sustained on May 28, 2013. The Workers' Compensation Appeals Board denied his Petition for Reconsideration, upholding the administrative law judge's finding. The Board found Cortez failed to meet his burden of proof for a compensable injury arising out of and occurring in the course of employment. This decision was based heavily on the judge's credibility determination regarding Cortez's inconsistent testimony about the incident and conflicting accounts of the injury provided to medical providers.

AOE/COEPetition for ReconsiderationCredibility determinationBurden of proofLabor Code § 3600(a)(10)Industrial injuryCompensable injuryWCJ reportWitness demeanorTerminated employee
References
1
Case No. ADJ9843354, ADJ9340113
Regular
Feb 02, 2017

SANDRA CORTEZ vs. EMPLOYMENT RESOURCES GROUP, INC.; CLAIMS R.M.

This case involves an applicant, Sandra Cortez, and defendants Employment Resources Group, Inc. and Claims R.M. The Workers' Compensation Appeals Board dismissed Cortez's petition for reconsideration and denied her petition for removal. The Board found that the WCJ's decision addressed an interlocutory procedural or evidentiary issue, not a final determination of substantive rights or liabilities. Removal was denied because there was no showing of substantial prejudice or irreparable harm, and reconsideration would be an adequate remedy. The Board also clarified that a letter to an AME copied to the applicant's attorney was not an ex parte communication.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy
References
9
Case No. MISSING
Regular Panel Decision

Claim of Jimenez v. Estate of Jimenez

This case concerns an appeal from a Workers' Compensation Board decision. Julio Jimenez, while operating a grocery business owned by the estate of his deceased brother Roberto, was murdered. Julio's wife, Amparo Jimenez, filed for workers' compensation benefits for herself and their three minor children. The Board found an employer-employee relationship existed between Julio and Roberto's estate, a decision contested by the Uninsured Employers’ Fund. The court affirmed the Board's decision, ruling that the estate, by accepting the benefits of Julio's efforts, was estopped from denying an employment relationship.

Employment RelationshipEstate LiabilityWorkers' Compensation BenefitsHomicideUninsured Employers' FundAppellate ReviewEstoppelDependent BenefitsBusiness OperationVolunteer Services
References
1
Case No. ADJ9100288
Regular
May 17, 2018

GILBERT CORTEZ (Deceased), NOHEMA CORTEZ (Surviving Spouse & Guardian Ad Litem), et al. vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision concerning death benefits for the deceased employee's children, Andres and Marisa Cortez. The WCAB remanded the case to the administrative law judge to properly join the California Public Employees' Retirement System (CalPERS) and determine the entitlement to and coordination of workers' compensation death benefits with CalPERS special death benefits. The WCAB clarified that the "good cause" standard under *Antrim* applies and that CalPERS benefits may offset workers' compensation benefits to avoid duplicate payments. Further proceedings are required to consider the specific claims of dependency and the impact of CalPERS payments.

Workers' Compensation Appeals BoardCDCRSCIFCalPERSdeath benefitsdependent childrenspecial death benefitsoffsetAntrim standardLabor Code section 4707
References
7
Case No. ADJ9428267
Regular
Jul 07, 2018

JOHNNY CORTEZ vs. LES SCHWAB TIRE, INC.

The Appeals Board dismissed Johnny Cortez's untimely petition for reconsideration of a stipulated award, as it was filed more than 25 days after the WCJ's decision. However, the Board granted reconsideration on its own motion within the statutory 60-day period. The Board rescinded the original award and returned the case to the WCJ for further proceedings to determine if the stipulations should be approved. This action was taken to address the applicant's claims regarding incorrect temporary disability payments and improper notification of PQME rights.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeStipulated AwardTemporary Disability IndemnityPanel Qualified Medical EvaluatorPermanent DisabilityTimelinessJurisdictional Time LimitReconsideration on Own Motion
References
2
Case No. ADJ1417978 (STK 0211694)
Regular
Dec 03, 2012

ROBERTO MANZO vs. MCCARTHY BUILDING COMPANIES, CHARTIS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration of a prior decision. The applicant, Roberto Manzo, sought reconsideration of the finding that he was laid off due to lack of work, not as retaliation for his injury claim, and therefore no violation of Labor Code § 132a occurred. The WCAB adopted the findings of the workers' compensation judge, who found ample evidence to support the conclusion of a layoff due to lack of work, not discrimination. The Board gave great weight to the judge's credibility determinations based on the evidence presented.

WCABReconsiderationLabor Code § 132aCarpenterInjuryMcCarthy Building CompaniesChartisWorkers' Compensation JudgeFindings of FactPermanent Disability
References
1
Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
Case No. ADJ6957361
Regular
Jan 12, 2012

ROBERTO BARAJAS vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a petition for reconsideration by Fresno Unified School District regarding a workers' compensation award for Roberto Barajas. The District challenged the permanent disability rating, arguing the Agreed Medical Examiner improperly included grip strength loss alongside range of motion limitations, contrary to AMA Guides guidelines. Additionally, the District contested a 10% penalty for delayed permanent disability advances and sought a reduction in benefits based on an offer of regular work. The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's findings on the permanent disability rating by finding the AME appropriately applied *Almaraz/Guzman II* principles for calculating impairment. The Board also upheld the penalty for delayed advances and rejected the District's claim regarding work offer reductions.

Workers' Compensation Appeals BoardFresno Unified School DistrictRoberto BarajasFindings of Fact and Awardpermanent disabilityright wrist injuryright hand injuryright finger injurygroundskeeper/gardenerLabor Code section 4650
References
3
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