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Case Law Database

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

Case No. ANA 0347858

Regular

Sep 12, 2008

KEYIN L. ROSS vs. SAN DIEGO CHARGERS and LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), SAN DIEGO CHARGERS, KANSAS CITY CHIEFS, TIG

The WCA's decision is affirmed for two reasons: Kansas City is wrong in claiming that San Diego was self-insured, and CIGA's statutes preclude Kansas City from recovering from San Diego.

Workers' Compensation Appeals BoardCIGALegion Insurance CompanyKansas City ChiefsSan Diego Chargerscontributioninsolvent insurercovered claimsInsurance Code section 1063.1(c)(5)deductible reimbursement

References

Case No. ADJ6676965

Regular

Feb 18, 2014

RANDALL GODFREY vs. SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY

This case involves Randall Godfrey's workers' compensation claim against the San Diego Chargers for cumulative trauma injuries sustained as a professional football player. The Appeals Board granted reconsideration, rescinded the original award, and returned the case for further development of the medical record regarding apportionment of disability. Both medical experts' reports were deemed insufficient to establish apportionment of the applicant's permanent disability. The Board also deferred the determination of an additional 15% permanent disability award for failure to offer work.

Cumulative traumaApportionmentSpecific injuryPermanent disabilityAgreed Medical ExaminerLabor Code section 4658Medical evidenceQualified Medical EvaluatorWhole Person ImpairmentIndustrial injury

References

Case No. ADJ8017052

Regular

Sep 10, 2013

BILLY BABER vs. KANSAS CITY CHIEFS, SAN DIEGO CHARGERS, TRAVELERS INSURANCE COMPANY

This case involves Billy Baber's workers' compensation claim against the Kansas City Chiefs, San Diego Chargers, and Travelers Insurance Company. The Workers' Compensation Appeals Board granted reconsideration of the original decision. While affirming the June 17, 2013 decision in most respects, the Board amended the findings of fact and award to state that the applicant has not met his burden of proof for temporary disability, and thus, no temporary disability is awarded.

ADJ8017052Petition for ReconsiderationWorkers' Compensation Appeals BoardTemporary DisabilityBurden of ProofAwardDecision After ReconsiderationAdministrative Law Judge

References

Case No. ADJ8485371

Regular

Dec 01, 2014

MICHAEL (MIKE) STRATTON vs. SAN DIEGO CHARGERS, ZENITH NORTH AMERICA, BUFFALO BILLS

The Workers' Compensation Appeals Board reconsidered a prior decision regarding Michael Stratton's cumulative injury claim against the San Diego Chargers and Buffalo Bills. While the original judge found Stratton's claim against the Bills timely, the Board reversed this, determining it was barred by the statute of limitations. The Board found that neither employer breached a duty to notify Stratton of his workers' compensation rights at the time of his employment. Therefore, the statute of limitations was not tolled, and Stratton's claim against the Buffalo Bills is dismissed.

WCABStatute of LimitationsLabor Code Section 5405Date of InjuryTollingCumulative InjuryProfessional Football PlayerSan Diego ChargersBuffalo BillsZenith North America

References

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)

Regular

Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration regarding apportionment of temporary disability liability. The Board found that jurisdiction was not barred by the five-year statute of limitations, as the issue of temporary disability remained outstanding until settlement approval. The Board upheld its prior decision to apportion 94% of temporary disability to San Diego Unified and 6% to Novato Unified, based on the Agreed Medical Evaluator's opinion and party stipulations. San Diego Unified's arguments regarding jurisdiction and reliance on the AME's medical opinion were found to be without merit.

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability

References

Case No. SDO 0249452

Regular

May 12, 2008

GAIL GODFREY vs. COUNTY OF SAN DIEGO, PROFESSIONAL RESOURCE ENTERPRISE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by BROADSPIRE for SUPERIOR PACIFIC CASUALTY COMPANY

The California Workers' Compensation Appeals Board found that the County of San Diego was the applicant's special employer, making them jointly and severally liable for her injury. This determination was made despite a contract stating the applicant was not a County employee, as the Board found sufficient evidence of San Diego's control over her work. Consequently, the County is considered "other insurance available" to the applicant, meaning CIGA is not liable for her benefits.

CIGAcovered claimspecial employergeneral employerlabor brokerageindustrial injuryinsolvent insurerother insurancejoint and several liabilitycontractual exclusion

References

Case No. ADJ7171471

Regular

Jan 19, 2016

CARLOS POLK vs. CHARGERS FOOTBALL COMPANY, LLC, dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY, adjusted by BERKLEY SPECIALTY UNDERWRITING MANAGERS LLC

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, affirming the applicant's cumulative injury claim against the Chargers Football Company. The Board found that the applicant's medical reports from Drs. Fonseca and Nudleman were admissible as treating and consulting physician reports, respectively. Crucially, the Board upheld the administrative law judge's finding that the statute of limitations did not bar the claim, as the employer failed to prove the applicant had actual knowledge of his right to file a workers' compensation claim. The prior award for permanent partial disability, medical treatment, and attorney's fees was thus affirmed.

Cumulative injuryStatute of limitationsAffirmative defenseActual knowledgeBurden of proofTreating physicianConsulting physicianAdvocate's medical legal reportsPanel Qualified Medical Examiner (PQME)Medical legal reports

References

Case No. ADJ123485

Regular

Aug 21, 2014

AUGUSTINE BARRAGAN vs. MISSION BUILDERS HOME IMPROVEMENT, LP, CALIFORNIA INSURANCE COMPANY, KUKLAKI, INC, VICTORIA STATHIS, SAN DIEGO ROOFING, INC, GARY LOUGIAKIS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves applicant Augustine Barragan against multiple defendants, including Mission Builders Home Improvement, LP and Kukliki, Inc. (dba San Diego Roofing), which are uninsured. The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order Granting Petition for Reconsideration. Pending a Decision After Reconsideration, all future filings and communications must be submitted in writing directly to the WCAB Commissioners' Office in San Francisco, not to any district office or via e-filing.

Augustine BarraganMission Builders Home Improvement LPCalifornia Insurance CompanyKuklaki Inc.San Diego Roofing Inc.uninsuredVictoria StathisGary LougiakisUninsured Employers Benefits Trust FundPetition for Reconsideration

References

Case No. ADJ755792

Regular

KIT DAWSON vs. SAN DIEGO TRANSIT

This case involves Kit Dawson's workers' compensation claim against San Diego Transit. The applicant, Dawson, sought reconsideration of a decision by the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition and the judge's report. Ultimately, the WCAB denied reconsideration, adopting the reasoning of the administrative law judge.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgePermit Self-InsuredDenial of ReconsiderationCase ADJ755792Case SDO 0261150

References

Case No. ADJ8866375

Regular

Nov 18, 2016

KRISTINA SCOTT vs. COUNTY OF SAN DIEGO

This case before the Workers' Compensation Appeals Board concerns a petition for reconsideration filed by Kristina Scott against the County of San Diego. The WCJ issued a Findings, Award and Order on August 30, 2016. The petition for reconsideration has since been withdrawn by the applicant. Therefore, the Board has issued an order dismissing the petition for reconsideration.

Petition for ReconsiderationWithdrawnDismissedFindings Award and OrderWorkers' Compensation Appeals BoardWCJSan Diego District OfficeApplicantDefendantAdministrative Law Judge

References

Showing 1-10 of 787 results

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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. ANA 0347858

Regular

Sep 12, 2008

KEYIN L. ROSS vs. SAN DIEGO CHARGERS and LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), SAN DIEGO CHARGERS, KANSAS CITY CHIEFS, TIG

The WCA's decision is affirmed for two reasons: Kansas City is wrong in claiming that San Diego was self-insured, and CIGA's statutes preclude Kansas City from recovering from San Diego.

References

Case No. ADJ6676965

Regular

Feb 18, 2014

RANDALL GODFREY vs. SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY

Cumulative traumaApportionmentSpecific injuryPermanent disabilityAgreed Medical ExaminerLabor Code section 4658Medical evidenceQualified Medical EvaluatorWhole Person ImpairmentIndustrial injury

References

Case No. ADJ8017052

Regular

Sep 10, 2013

BILLY BABER vs. KANSAS CITY CHIEFS, SAN DIEGO CHARGERS, TRAVELERS INSURANCE COMPANY

ADJ8017052Petition for ReconsiderationWorkers' Compensation Appeals BoardTemporary DisabilityBurden of ProofAwardDecision After ReconsiderationAdministrative Law Judge

References

Case No. ADJ8485371

Regular

Dec 01, 2014

MICHAEL (MIKE) STRATTON vs. SAN DIEGO CHARGERS, ZENITH NORTH AMERICA, BUFFALO BILLS

WCABStatute of LimitationsLabor Code Section 5405Date of InjuryTollingCumulative InjuryProfessional Football PlayerSan Diego ChargersBuffalo BillsZenith North America

References

Case No. ADJ4357759 (SDO 0267149) ADJ4317475 (SDO 0359844)

Regular

Sep 09, 2010

SUSAN KUJAWA vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, NOVATO UNIFIED SCHOOL DISTRICT

ApportionmentTemporary DisabilityPetition for ReconsiderationAgreed Medical Evaluator (AME)Stipulations and AwardsJurisdictionStatute of LimitationsContributionMedical OpinionPermanent Disability

References

Case No. SDO 0249452

Regular

May 12, 2008

GAIL GODFREY vs. COUNTY OF SAN DIEGO, PROFESSIONAL RESOURCE ENTERPRISE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by BROADSPIRE for SUPERIOR PACIFIC CASUALTY COMPANY

CIGAcovered claimspecial employergeneral employerlabor brokerageindustrial injuryinsolvent insurerother insurancejoint and several liabilitycontractual exclusion

References

Case No. ADJ7171471

Regular

Jan 19, 2016

CARLOS POLK vs. CHARGERS FOOTBALL COMPANY, LLC, dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY, adjusted by BERKLEY SPECIALTY UNDERWRITING MANAGERS LLC

References

Case No. ADJ123485

Regular

Aug 21, 2014

AUGUSTINE BARRAGAN vs. MISSION BUILDERS HOME IMPROVEMENT, LP, CALIFORNIA INSURANCE COMPANY, KUKLAKI, INC, VICTORIA STATHIS, SAN DIEGO ROOFING, INC, GARY LOUGIAKIS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

References

Case No. ADJ755792

Regular

KIT DAWSON vs. SAN DIEGO TRANSIT

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgePermit Self-InsuredDenial of ReconsiderationCase ADJ755792Case SDO 0261150

References

Case No. ADJ8866375

Regular

Nov 18, 2016

KRISTINA SCOTT vs. COUNTY OF SAN DIEGO

Petition for ReconsiderationWithdrawnDismissedFindings Award and OrderWorkers' Compensation Appeals BoardWCJSan Diego District OfficeApplicantDefendantAdministrative Law Judge

References

Showing 1-10 of 787 results

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