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

Case No. ADJ8644013
Regular
Dec 27, 2013

ARTHUR VASQUEZ vs. GUARD SYSTEMS, CLAIMQUEST WALNUT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an order finding no injury arising out of and occurring in the course of employment. The Board adopted the judge's report, which detailed numerous inconsistencies in the applicant's testimony regarding the injury, prior medical history, and work activity. These credibility issues, supported by conflicting deposition and trial testimony, as well as documentary evidence, were the basis for the judge's determination that the applicant failed to meet their evidentiary burden.

AOE/COEPetition for Reconsiderationcredibilityinconsistent statementsprior injuriesliberal constructionevidentiary burdenFindings & OrderWCJ reportadministrative law judge
References
Case No. ADJ6649578
Regular
Sep 01, 2009

KERMIT BROWN vs. SECURITAS SECURITY SERVICES, INC., BROADSPIRE BREA

The Appeals Board granted reconsideration, rescinded the original award, and returned the case to the trial level for further proceedings. This was due to due process concerns regarding the admission of applicant's medical treatment records. The WCJ improperly attempted to admit these records after the discovery deadline and without a ruling on the defendant's objection. The Board will allow further proceedings to properly address the evidence and allow the defendant to respond.

Kermit BrownSecuritas Security ServicesBroadspire BreaADJ6649578Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardWorkers' Compensation Judge (WCJ)Security GuardRight Knee Injury
References
Case No. AHM 0118316 AHM 0118317 AHM 0118318
Regular
Jun 13, 2008

DOUGLAS DEES vs. SOUTH COAST PLAZA SECURITY, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN SAFETY CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded prior findings because the WCJ failed to properly determine the date of cumulative injury and ensuing liability. The Board remanded the case for further proceedings to establish the date of injury under Labor Code section 5412 and then determine insurer liability under section 5500.5. This allows for proper joinder of parties and clarification of coverage periods, which are essential for apportioning liability in cumulative trauma cases.

Workers' Compensation Appeals BoardDouglas DeesSouth Coast Plaza SecurityEverest National Insurance CompanyAmerican Safety Casualty CompanyAHM 0118316AHM 0118317AHM 0118318reconsiderationFindings and Orders
References
Case No. ADJ9722566
Regular
Jun 21, 2019

JAMES PATTON vs. ABSOLUTE SECURITY INCORPORATED, KEIKO ARROYO, CARMEL VALLEY VILLAGE ONE HOMEOWNERS ASSOCIATION, STATE FARM INSURANCE

This case involves James Patton's workers' compensation claim against Absolute Security Incorporated, which was uninsured. The Workers' Compensation Appeals Board granted reconsideration of a prior decision. While affirming the original decision, the Board amended the findings to include injury to the left knee and cervical spine, but excluded the left elbow. The issue of psychiatric injury remains deferred.

Uninsured employerSubstantial shareholder liabilityHomeowners association liabilityPetition for reconsiderationWorkers' Compensation Appeals BoardAdministrative law judge reportAmend decisionAffirm decisionInjured body partsLeft knee injury
References
Case No. ADJ9651491
Regular
Aug 22, 2016

JUDITH DIAZ vs. EXCELL SECURITY, INC., XL STAFFING, INC., XL CONSTRUCTION STAFFING; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY, in liquidation by its servicing facility, SEDGWICK CLAIMS MANAGEMENT SERVICES; SPARTA INSURANCE COMPANY by GALLAGHER BASSETT

The Workers' Compensation Appeals Board affirmed a prior finding that Sparta Insurance Company provided workers' compensation coverage for Judith Diaz. The Board found that Sparta's policy with Excell Security, Inc. did not exclude Diaz from coverage, despite Excell also having a policy with Ullico Casualty Company. Therefore, Sparta is considered "other insurance" and liable for applicant's benefits, upholding the Arbitrator's initial decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and OrderArbitratorother insuranceLabor Code section 1063California Insurance Guarantee AssociationCIGAULLICO CASUALTY COMPANYliquidation
References
Case No. ADJ16790828
Regular
Nov 10, 2025

Surinder Singh vs. S Line Transportation, Ajaib Singh Kahlon, Uninsured Employers Benefit Trust Fund

This case concerns Surinder Singh's petition for reconsideration regarding a WCJ's finding that he was not an employee of S Line Transportation. The Workers' Compensation Appeals Board granted the petition, rescinded the WCJ's July 15, 2025 decision, and remanded the matter for further proceedings. The Board found the record to be inadequate and inconsistent, citing issues with unauthenticated evidence, unclarified bank statements indicating payments for "yard security guard" services, and the late joinder of Ajaib Singh Kahlon as a defendant. Emphasizing due process, the Board instructed that the record be further developed and the employment status be re-evaluated using the "ABC test" as codified in Labor Code section 2775.

Employment statusIndependent contractorSecurity guardPort of OaklandYard operationsAsylum claimLoan repaymentSubstantial evidenceAdmitted evidenceDeveloping the record
References
Case No. ADJ3732304 (VNO 0479599) ADJ3954935 (VNO 0479598) ADJ163050 (VNO 0479597)
Regular
Sep 07, 2010

GLORIA REYES vs. WHITTIER UNION HIGH SCHOOL

This case involves prolonged delays in resolving multiple workers' compensation claims for applicant Gloria Reyes, who allegedly sustained several industrial injuries while employed as a campus security guard. Despite numerous mandatory settlement conferences dating back to 2005, the cases have not proceeded to trial. The Appeals Board, despite the employer's untimely petition for removal, removed the cases to itself on its own motion due to the extraordinary delay. The Board ordered the cases returned to the trial level for one final MSC to finalize stipulations and prepare for trial, emphasizing prompt resolution.

Workers' Compensation Appeals BoardRemovalMandatory Settlement ConferenceIndustrial InjuriesCampus Security GuardStiupulated AwardsUntimely PetitionExtraordinary DelayLabor Code Section 5310WCAB Rule 10843(a)
References
Case No. ADJ9203313
Regular
May 01, 2015

JAIME DE LEON vs. AMERICAN RAG, PREFERRED EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, reversing the finding that the applicant was an employee. The Board determined that the applicant was an independent contractor, citing factors such as the applicant's control over his work schedule and invoicing, the operation of his own security business, and the fact that security services were not part of the defendant's regular business. All other issues were rendered moot by this determination.

Independent contractorEmployee statusRight to controlBorello factorsWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactWCJIndustrial injurySecurity guard
References
Case No. ADJ9034489
Regular
May 17, 2016

DEBORAH LARSEN vs. SECURITAS SECURITY SERVICES

This case involves an applicant who sustained accepted physical injuries and a psychological injury after being struck by a car while working as a security guard. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant's psychiatric disability resulted from a "violent act." The Board clarified that "violent act" under Labor Code section 3208.3 is not limited to criminal conduct but includes events involving strong physical force. Therefore, the applicant's psychological injury, stemming from being hit by a vehicle, qualifies for increased permanent disability benefits.

AOE/COEpsychiatric disabilityviolent actLabor Code section 4660.1(c)permanent disabilityapportionmentPetition for ReconsiderationWCJSedgwick CMSSecuritas Security Services
References
Case No. ADJ10063795
Regular
Apr 26, 2018

ALFREDO GOMEZ vs. ALLIED BARTON SECURITY SERVICES, ESIS

The Appeals Board granted the applicant's Petition for Removal regarding the February 12, 2018 order appointing an Independent Medical Examiner (IME), rescinded the order, and returned the matter for further proceedings. This action stemmed from concerns that the applicant was denied due process and a proper hearing on issues related to Qualified Medical Examiner (QME) selection. The Board denied the applicant's Petition for Disqualification, finding the alleged bias insufficient to warrant removal of the judge. The Petition for Reconsideration was dismissed as the order at issue was not a final decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationIndependent Medical ExaminerQualified Medical ExaminerDue ProcessWCJ BiasLabor Code 4062Interlocutory Order
References
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