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

Case No. 13-02-076-CV
Regular Panel Decision
Nov 27, 2002

Snyder Communications v. Josefina Magana

This case concerns an interlocutory appeal filed by Snyder Communications, L.P. (appellant) against its former employees, Josefina Magaña, et al. (appellees), challenging a trial court's order certifying a class action and adopting a trial plan. The appellees initially sued Snyder for breach of contract and fraud, alleging that the company failed to pay promised commissions and bonuses. Snyder argued that the trial court erred in certifying the class due to issues with commonality, predominance, superiority, and the adequacy of representation, and also deemed the adopted trial plan inadequate. The appellate court reviewed the trial court's decision, noting the uniform nature of Snyder's employment contracts and compensation policies across its nationwide operations, which supported the commonality of claims. The court ultimately affirmed the trial court's order, finding no abuse of discretion in the class certification or the trial plan.

Class ActionInterlocutory AppealBreach of ContractFraudEmployment DisputeCommissionsBonusesSales AssociatesAppellate ReviewClass Certification
References
86
Case No. MISSING
Regular Panel Decision

Industrial Accident Board v. Magana

The Industrial Accident Board of the State of Texas appealed a permanent injunction issued by a trial court, which prevented the Board from conducting an investigative hearing into allegedly unfair claims handling practices by appellees, Rosa Magana, et al. The trial court's injunction was based on its conclusion that portions of the Workers’ Compensation Act were discriminatory, specifically regarding the right to appeal from investigative hearing sanctions. This appellate court, however, did not address the merits of the appeal. Instead, it granted the appellees' motion to dismiss, ruling that it lacked jurisdiction. The court determined that the Board had previously elected and perfected a direct appeal to the Texas Supreme Court, which subsequently dismissed that appeal for want of jurisdiction, thus precluding a further appeal in this court.

Appellate JurisdictionDirect AppealWant of JurisdictionPermanent InjunctionWorkers' Compensation ActConstitutional LawStatutory DiscriminationProcedural ChronologyElection of RemediesTexas Supreme Court
References
2
Case No. MISSING
Regular Panel Decision

Magana v. Hammer & Steel, Inc.

The plaintiffs, Rodrigo and Maria Magana, filed a personal injury lawsuit against Robert B. Miller & Associates (barge owner), Hammer & Steel, Inc. (steel supplier), and Poston Industrial Maintenance Company, Inc. (coating applicator) after Rodrigo Magana was severely injured by a falling chunk of concrete while unloading a steel piling sheet from a barge in the Houston Ship Channel on January 4, 2001. Defendants Miller and Hammer filed motions to dismiss for lack of subject matter jurisdiction, arguing the claims lacked admiralty flavor. The Court, presided over by District Judge Kent, denied both motions. While finding that 33 U.S.C. § 905(b) and Article III admiralty jurisdiction were not directly applicable, the Court determined it had jurisdiction over Miller via the Admiralty Extension Act (AEA), 46 App. U.S.C. § 740, because the injury was caused by a vessel or its appurtenance (the concrete). Supplemental jurisdiction under 28 U.S.C. § 1367 was found for the claims against Hammer and Poston due to their relation to the claims against Miller. The Court ordered Plaintiffs to file an Amended Complaint to specify the governing law for each cause of action against each defendant.

Personal InjuryAdmiralty LawMaritime JurisdictionLongshoremenLHWCAAdmiralty Extension ActSubject Matter JurisdictionMotion to DismissNegligenceShip-side Accident
References
14
Case No. ADJ19747880
Regular
Oct 27, 2025

OLGA MAGANA vs. PARTNERS PERSONNEL MANAGEMENT SERVICES, LIBERTY MUTUAL INSURANCE COMPANY

Applicant Olga Magana filed a Petition for Reconsideration challenging a Findings and Order from August 4, 2025, which determined her average weekly wage to be $445.03 using Labor Code section 4453(c)(4). She argued that section 4453(c)(1) should apply, yielding $640.00 weekly. The Appeals Board denied the petition, affirming the WCJ's decision that due to the temporary nature of Magana's employment and her inconsistent work history, section 4453(c)(4) more fairly represented her earning capacity, considering all surrounding circumstances rather than just her hours at the time of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAverage Weekly WageLabor Code Section 4453GoytiaTemporary Agency EmploymentEarning CapacityWCJ Credibility DeterminationSan Francisco
References
6
Case No. ADJ2806916 (SDO 0271727)
Regular
Oct 30, 2013

SOVEIDA MAGANA vs. CENTER FOR EMPLOYMENT TRAINING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY

This case consolidates numerous claims involving unresolved lien claims for ambulatory surgical center facility fees. The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's decision establishing reasonable facility fees by averaging the January 1, 2004, Official Medical Fee Schedule for ASCs with the average amount paid to San Diego hospitals under an older inpatient fee schedule. The Board found this methodology appropriately considered extensive evidence and relevant factors for determining reasonable fees. Defendants' arguments that only the January 1, 2004, OMFS should apply or that SB 863's independent bill review process was mandatory were rejected.

Workers' Compensation Appeals BoardSoveida MaganaCenter for Employment TrainingCalifornia Insurance Guarantee AssociationReliance Insurance CompanyLien ClaimantsPoint Loma Surgical CenterElite Surgical CentersAmbulatory Surgical CenterFacility Fees
References
0
Case No. ADJ8326556
Regular
Jun 20, 2018

MAURICIO MAGANA vs. SOUTHLAND TRANSIT, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted applicant Mauricio Magana's petition for reconsideration of a prior decision. This action was taken due to statutory time constraints and the Board's initial review indicating a need for further study of the factual and legal issues. Reconsideration is granted to ensure a complete understanding of the record and to allow for further proceedings. All future correspondence related to the petition must be filed directly with the Appeals Board Commissioners, not district offices or e-filed.

MAURICIO MAGANASOUTHLAND TRANSITTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAADJ8326556Pomona District OfficePetition for ReconsiderationWorkers' Compensation Appeals BoardApril 92018statutory time constraints
References
0
Case No. ADJ8089436
Regular

Ruben Magana vs. Jason Hall, Joel Hall, Green Tree Nursery, Seabright Insurance Company

The Workers' Compensation Appeals Board (WCAB) has dismissed Ruben Magana's petition for removal. This dismissal is based on the advice that a settlement is pending in the case. Consequently, no further action will be taken on the petition. The file will be returned to the district office for the submission of the settlement to the Workers' Compensation Administrative Law Judge.

Petition for RemovalSettlement PendingDismissedWorkers' Compensation Appeals BoardWCJStockten District OfficeSeabright Insurance CompanyGreen Tree NurseryJoel HallJason Hall
References
0
Case No. MISSING
Regular Panel Decision

Snyder Communications v. Magana

The appellees sued their former employer, Snyder Communications, L.P., for breach of contract and fraud, alleging a failure to pay commissions and bonuses as per employment contracts. The trial court certified the case as a class action, and Snyder appealed the certification order and adopted trial plan. The appellate court affirmed the trial court's decision, finding no abuse of discretion in either the certification or the trial plan. The court concluded that common issues predominated, the class action was a superior method for resolution, and the class representatives and counsel were adequate. The appellate court also addressed Snyder's arguments regarding the evidence considered by the trial court and the trial plan's ability to address defenses.

Class Action CertificationEmployment Contract DisputesBreach of ContractCommon Law FraudInterlocutory AppealsAppellate Review StandardsAbuse of Discretion StandardClass Action CommonalityClass Action PredominanceAdequacy of Class Representation
References
76
Case No. ADJ14609243 ADJ17389142
Regular
Oct 13, 2025

RAUL MAGANA vs. COUNTY OF TULARE, CORVEL

The defendant sought reconsideration of a WCJ's July 8, 2025, Findings and Order, which awarded the applicant $78,662.50 for 30% whole person impairment, rejecting apportionment due to a finding that Dr. Gwartz's medical opinion lacked substantial evidence. Defendant contended that Dr. Gwartz's opinion was substantial medical evidence and the WCJ erred in failing to find apportionment. The Appeals Board, after reviewing the petition and report, granted the petition for reconsideration, but explicitly deferred a final decision on the merits pending further review of the record and applicable law. The Board also confirmed the timeliness of their action, having acted on the petition within the 60-day statutory period as amended by Labor Code section 5909.

Petition for ReconsiderationApportionmentSubstantial Medical EvidenceUlcerative ColitisPsyche InjuryWhole Person ImpairmentPermanent Disability IndemnityLabor Code Section 5909Report and RecommendationQME
References
0
Case No. ADJ504141 (STK 0204453)
Regular
Jan 16, 2009

ISAIAS MAGANA vs. DEF EXPRESS, AIG

The Appeals Board dismissed applicant’s Petition for Reconsideration, finding that there was no order subject to reconsideration, and denied applicant’s petition for removal for failure to show significant prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueInterlocutory Procedural OrderFinal OrderLabor Code Section 5900WCJAdministrative Law JudgeSubstantive Rights and Liabilities
References
5
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