Updated Daily

Case Law Database

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

Case No. ADJ2952816

Regular

Nov 12, 2008

JOSE DE JESUS MARTINEZ vs. SOLO CUP COMPANY, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior decision. This reconsideration is necessary to allow the Board further time to thoroughly review the factual and legal issues presented in the case. A just and reasoned decision will be issued after this comprehensive review.

Workers' Compensation Appeals BoardPetition for ReconsiderationSolo Cup CompanyZurich North AmericaGallagher Bassett ServicesADJ2952816SDO 0348895Opinion and OrderStatutory time constraintsFactual and legal issues

References

Case No. ADJ976410 (SDO 0364068)

Regular

Sep 17, 2012

DIANNA BALDWIN vs. ROSS STORES, INC.

This case before the Workers' Compensation Appeals Board involves Dianna Baldwin (Applicant) and Ross Stores, Inc. (Defendant). The Board has issued an order dismissing the Applicant's Petition for Reconsideration. This dismissal is based on the Board's review of the record and incorporates the reasons provided in the administrative law judge's Report and Recommendation.

Petition for ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeDismissedWorkers' Compensation Appeals BoardRoss StoresInc.Dianna BaldwinCase No. ADJ976410SDO 0364068

References

Case No. SDO 0341777

Regular

Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board affirmed an arbitration award against A.O. Reed & Company, finding that the arbitrator had jurisdiction despite Reed not being a signatory to the collective bargaining agreement. Reed waived its objections by participating in the arbitration and discovery without protest, thus effectively agreeing to the process. The Board also found that Reed could have discovered its signatory status with reasonable diligence prior to the arbitration.

Workers' Compensation Appeals BoardArmando GallegosA.O. Reed & CompanySt. Paul Travelers InsuranceUniversal MechanicalAmerican Casualty CompanySpecialty Risk ServicesSDO 0341777Opinion and Decision After ReconsiderationArbitrator jurisdiction

References

Case No. ADJ2340078 (SDO 0304111) ADJ1779622 (SDO 0299855) ADJ6531135

Regular

May 16, 2014

FELIX SANDOVAL, vs. PACIFIC WASTE, dba ALLIED WASTE INDUSTRIES, administered by CHARTIS,

The Workers' Compensation Appeals Board denied Felix Sandoval's petition for reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. The specific reasons for the denial are detailed in the WCJ's report, which was incorporated by reference. Consequently, the applicant's request for a review and potential reversal of the original ruling was rejected.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDworkers' compensation administrative law judgeWCJPACIFIC WASTEALLIED WASTE INDUSTRIESCHARTISADJ2340078SDO 0304111

References

Case No. SDO 0333985

Regular

Aug 14, 2007

DAVID KING vs. OMNI HOTEL, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration because the case was settled at the trial level. The Board rescinded the WCJ's prior decision and returned the matter to the trial level for further proceedings. This allows the WCJ to approve the settlement; if not approved, the original decision may be reinstated.

WCABSDO 0333985Omni HotelZurich American Insurance CompanyGallagher BassettReconsiderationRescindTrial LevelSettlement ApprovalWCJ Decision

References

Case No. SDO 0323941

Regular

Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury

References

Case No. ADJ513626 (SDO 0296833)

Regular

May 26, 2017

ROBERT GRAVLIN vs. CITY OF VISTA

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration on its own motion in the case of Robert Gravlin v. City of Vista. This action is taken to allow for further study of the legal and factual issues after a prior Opinion and Order were issued. All future correspondence related to this reconsideration must be filed directly with the WCAB Commissioners' office in San Francisco, not with any district office. Parties are reminded that a Workers' Compensation Judge cannot approve a settlement while a case is pending before the Appeals Board on reconsideration.

Workers' Compensation Appeals BoardBoard Motion ReconsiderationCity of VistaPermissibly Self-InsuredADJ513626SDO 0296833San Diego District OfficeOrder Granting ReconsiderationOpinion and OrderPetition for Reconsideration

References

Case No. ADJ1328083 (SDO 0277959)

Regular

BLANCA SOSA vs. CONEXANT SYSTEMS, INC., ULTIMATE STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES INC., INTEGRATED MICROWAVE CORPORATION, ZENITH INSURANCE COMPANY

This is an order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration in the case of Blanca Sosa v. Conexant Systems, Inc. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition for reconsideration is denied, and the original decision of the WCJ stands.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJ reportDENY RECONSIDERATIONCONEXANT SYSTEMSULTIMATE STAFFING SERVICESCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONBROADSPIRE SERVICES INC.INTEGRATED MICROWAVE CORPORATION

References

Case No. ADJ3255503 (SDO 0362975)

Regular

Jan 27, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

This case involves the Workers' Compensation Appeals Board correcting a clerical error in a previous order. The defendant, County of San Diego Sheriff's Department, had petitioned for reconsideration of a decision regarding injured worker John Kosich. The Board is correcting its January 25, 2010 Opinion and Order to reflect the correct injured worker's name as John Kosich, not James Kosich.

Workers' Compensation Appeals BoardClerical Error CorrectionPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeInjured Worker Name CorrectionCounty of San Diego Sheriff's DepartmentPermissibly Self-InsuredADJ3255503SDO 0362975Opinion and Order

References

Case No. SDO 355322

Regular

Feb 06, 2008

Jocelyn Dubbs vs. Abbott Vascular, ACE USA c/o MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied reconsideration of a Finding and Award that determined applicant sustained an industrial injury to her right upper extremity. The Board clarified that the temporary disability rate in the award should be corrected to $626.35 per week to align with the Findings of Fact, despite the defendant's arguments regarding concurrent employment and average weekly earnings. The defendant's petition for reconsideration was denied as the Board adopted the Workers' Compensation Judge's report and recommendation.

Workers' Compensation Appeals BoardJocelyn DubbsAbbott VascularACE USASDO 355322Reconsideration DeniedClerical Error CorrectionIndustrial InjuryRight Upper ExtremityAverage Weekly Earnings

References

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Updated Daily

Case Law Database

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

Case No. ADJ2952816

Regular

Nov 12, 2008

JOSE DE JESUS MARTINEZ vs. SOLO CUP COMPANY, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.

References

Case No. ADJ976410 (SDO 0364068)

Regular

Sep 17, 2012

DIANNA BALDWIN vs. ROSS STORES, INC.

References

Case No. SDO 0341777

Regular

Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

References

Case No. ADJ2340078 (SDO 0304111) ADJ1779622 (SDO 0299855) ADJ6531135

Regular

May 16, 2014

FELIX SANDOVAL, vs. PACIFIC WASTE, dba ALLIED WASTE INDUSTRIES, administered by CHARTIS,

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDworkers' compensation administrative law judgeWCJPACIFIC WASTEALLIED WASTE INDUSTRIESCHARTISADJ2340078SDO 0304111

References

Case No. SDO 0333985

Regular

Aug 14, 2007

DAVID KING vs. OMNI HOTEL, ZURICH AMERICAN INSURANCE COMPANY

WCABSDO 0333985Omni HotelZurich American Insurance CompanyGallagher BassettReconsiderationRescindTrial LevelSettlement ApprovalWCJ Decision

References

Case No. SDO 0323941

Regular

Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury

References

Case No. ADJ513626 (SDO 0296833)

Regular

May 26, 2017

ROBERT GRAVLIN vs. CITY OF VISTA

References

Case No. ADJ1328083 (SDO 0277959)

Regular

BLANCA SOSA vs. CONEXANT SYSTEMS, INC., ULTIMATE STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES INC., INTEGRATED MICROWAVE CORPORATION, ZENITH INSURANCE COMPANY

References

Case No. ADJ3255503 (SDO 0362975)

Regular

Jan 27, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

References

Case No. SDO 355322

Regular

Feb 06, 2008

Jocelyn Dubbs vs. Abbott Vascular, ACE USA c/o MATRIX ABSENCE MANAGEMENT, INC.

Workers' Compensation Appeals BoardJocelyn DubbsAbbott VascularACE USASDO 355322Reconsideration DeniedClerical Error CorrectionIndustrial InjuryRight Upper ExtremityAverage Weekly Earnings

References

Showing 1-10 of 16 results

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