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

Case No. ADJ6843753
Regular
Jul 03, 2012

REGLO MOLINA vs. WORKFORCE STAFFING dba GENEVA STAFFING and TOWER GROUP COMPANIES (Formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA) Administered By INTERCARE HOLDINGS INSURANCE SERVICES

In *Molina v. Workforce Staffing*, the Workers' Compensation Appeals Board denied a Petition for Removal. The Board adopted and incorporated the administrative law judge's report as the basis for this denial. The specific reasons for the denial are detailed in that incorporated report. The order was served on July 3, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardWorkforce StaffingGeneva StaffingTower Group CompaniesSpecialty Underwriters AllianceSUAIntercare Holdings Insurance ServicesADJ6843753Marina del Rey
References
Case No. ADJ6903219
Regular
Feb 25, 2011

MARTHA VILLAPUDUA vs. SHAYE NAGI ALTAREB, Individually And Dba BETTER BUY MARKET, SUA INSURANCE, Adjusted By INTERCARE, DIRECTOR OF INDUSTRIAL RELATIONS, As Administrator Of The UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a dispute over workers' compensation insurance coverage for an injury sustained in August 2008. The insurer, SUA Insurance, appeals an arbitrator's decision finding them liable. SUA argues the arbitrator improperly excluded their expert witness and denied a continuance for testimony from the employer's insurance broker. The Appeals Board granted reconsideration, rescinded the original finding, and remanded the case for further proceedings. This will allow the arbitrator to consider the excluded expert testimony and the broker's testimony before a new decision on coverage.

Workers Compensation Appeals BoardPetition for ReconsiderationArbitrator's Finding of FactUninsured Employers Benefits Trust FundProfessional Employer NetworkEmployee Leasing AgreementWorkers' Compensation Rating PlanWorkers' Compensation Insurance Rating BureauExpert Witness QualificationContinuance
References
Case No. ADJ322417 (LAO0855230)
Regular
Oct 21, 2019

Miguel Hernandez vs. D.L. Bone & Sons, Inc., State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration of an administrative order suspending a lien claimant's Petition for Medical Information. The WCAB granted removal, finding the administrative law judge erred by issuing the order sua sponte without notice or hearing, violating due process. This procedural error caused irreparable harm and prejudice. Consequently, the WCAB rescinded the order and returned the case to the trial level for proceedings consistent with due process.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Suspending ActionPetition for Medical InformationFranchise Tax Board (FTB) suspended corporationDue ProcessSua SponteNotice and HearingInterlocutory Order
References
Case No. ADJ6991535
Regular
Dec 24, 2013

SILVER HERNANDEZ vs. QUALITY CAR CONNECTION, INC., PRESERVER INSURANCE COMPANY, administered by TOWER GROUP COMPANIES (formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA)

This is a final order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration. The WCAB adopted the findings of the administrative law judge, finding no basis to overturn the original decision. The specific details of the original decision are not provided in this excerpt, but the petition for reconsideration by the applicant, Silver Hernandez, was unsuccessful. Therefore, the defendants, Quality Car Connection, Inc. and its insurer, remain the prevailing parties regarding the WCAB's denial of the petition.

Petition for ReconsiderationAdministrative Law Judge ReportDeny ReconsiderationWorkers' Compensation Appeals BoardQuality Car ConnectionPreserver Insurance CompanyTower Group CompaniesSpecialty Underwriters Alliance/SUAADJ6991535Los Angeles District Office
References
Case No. ADJ2870719 (BAK 0153342)
Regular
Sep 14, 2010

CAROLYN HANSEN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, LAWFULLY UNINSURED, ADMINISTERED BY STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a supplementary award. The judge had increased the applicant's permanent disability indemnity by 15% under Labor Code section 4658(d)(2) due to the employer's failure to offer suitable work. However, the Board found insufficient evidence to support this award and returned the case for further development of the record. Specifically, the Board needs evidence on whether the employer offered regular, modified, or alternative work within the statutory 60-day window and in the prescribed manner.

WCABSupplementary Findings of Fact & AwardLabor Code section 4658(d)(2)permanent disability indemnitymodified workalternative workregular workpermanent and stationary datereconsiderationsua sponte
References
Case No. SAC 330204
Regular
Mar 03, 2008

William Reynolds vs. RCI PLUMBING, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded the WCJ's finding that the applicant was not injured in the course of employment because this issue was not identified for trial. The WCJ's finding that the applicant was employed by RCIP is affirmed. The case is remanded for further proceedings and a new decision by the WCJ on the issue of industrial injury.

Workers' Compensation Appeals BoardIndustrial InjuryCourse of EmploymentEmployment StatusThreshold IssueMandatory Settlement ConferenceDiscovery ClosureDue ProcessSua SpontePreponderance of Evidence
References
Case No. ADJ8064878
Regular
Aug 07, 2018

LATASHA WOODSON vs. COUNTY OF RIVERSIDE

This case involves a lien claimant, Western Imaging Services, seeking payment for copying services. The original judge disallowed the lien, finding the services duplicative and unnecessary, and that the claimant was not a licensed professional photocopier. The Appeals Board rescinded this decision, remanding the case for further proceedings. Key issues to be re-examined include the timeliness and specificity of the defendant's objections to the lien claimant's invoices, and whether the claimant is exempt from professional photocopier registration due to their independent contractor status with the applicant's attorney.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantDuplicative ServicesUnnecessary ServicesLicensed Professional PhotocopierAdministrative Law JudgeContested ClaimMedical-Legal ExpensesLabor Code
References
Case No. ADJ498505 (SFO 0420916), ADJ4168794 (SFO 0485699), ADJ6979901
Regular
May 15, 2012

DEBORAH ROLLINS vs. COUNTY OF SOLANO, YORK INSURANCE SERVICES

The Appeals Board granted removal, rescinded a prior order, and canceled a trial date. This action prevents the relitigation of issues concerning the adequacy and applicant's competence to enter into a Compromise and Release agreement. The Board found that these issues were already decided with finality in a prior order that had res judicata effect. Therefore, the defendant would suffer prejudice by having to re-litigate settled matters.

RemovalCompromise and ReleaseAdequacyCompetenceReconsiderationFindings of Fact and LawLabor Code section 5803Petition for ReconsiderationPetition for RemovalSua Sponte
References
Case No. ADJ8551741
Regular
Jan 30, 2015

JOSE NUNEZ vs. KAISER FOUNDATION HOSPITAL, Administered by SEDGWICK CMS

The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify a judge, finding no appearance of bias. The claimant argued the judge's suggestion of sanctions and advice to seek costs indicated partiality after the claimant pursued a petition without legal basis. The Board adopted the judge's reasoning, stating the claimant had no standing to challenge a settlement after resolving their lien, though the trial judge would still consider the petition.

Petition for DisqualificationAppearance of BiasWCJ RomanoAdministrative AdjudicationSanctionsCostsSupplemental PleadingCompromise and ReleaseExtrinsic FraudLien Claim
References
Case No. ADJ7626424
Regular
Oct 27, 2015

ISRAEL LOPEZ vs. LUIS SOUSA DAIRY aka LOUIS T. SOUSA

The Workers' Compensation Appeals Board granted reconsideration to address the employer's alleged violation of Labor Code section 132a and a prior $\$ 2,500$ sanction. Based on the applicant's unrebutted testimony, the Board found the employer terminated the applicant's employment due to his work-related injury, constituting discrimination under section 132a. The Board rescinded the prior sanction order because the judge failed to provide proper notice and opportunity to be heard. Jurisdiction was reserved at the trial level for reinstatement, lost wages, and further sanctions.

Labor Code section 132aLabor Code section 5813discriminationterminationindustrial injuryretaliationunrebutted testimonyWCJreconsiderationsanction
References
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