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

Case No. ADJ460672 (SFO 0499592), ADJ1224818 (SFO 0499593)
Regular
May 03, 2012

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case involves an applicant, Hamid Khazaeli, who filed a petition with the Workers' Compensation Appeals Board (WCAB). The petition sought reconsideration, removal, disqualification, and to compel testimony from judicial officers. The WCAB, adopting the recommendation of the administrative law judge, has dismissed Khazaeli's petition. Therefore, the applicant's request for further review and action is denied.

ADJ460672ADJ1224818SFO 0499592SFO 0499593Spedia.com Inc.Sysmaster Corp.Great American Insurance CompanyPetition for ReconsiderationPetition for RemovalDisqualification
References
Case No. MON 0304723
Regular
Jul 15, 2008

KHALIL TANTAWI vs. UNIFORMS, INC., MICROSOURCE MANAGEMENT, INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIM SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision that Granite State Insurance Company and State Compensation Insurance Fund only covered clerical and outside sales staff for Microsource Management, Inc. The Board found the arbitrator's decision lacked required express findings of fact and a determination of rights, and rescinded the decision. The case is returned to the trial level for further development of evidence regarding the applicant's exact job role on the date of injury and to issue a new decision with proper findings and an order.

Workers Compensation Appeals BoardKhalil TantawiUniforms IncMicrosource Management IncGranite State Insurance CompanyAIG Claim Services IncState Compensation Insurance Fundspecial employergeneral employeroutside salesperson
References
Case No. ADJ3512142 (MON 0288509)
Regular
Jan 12, 2009

JOSE LUIS LARA vs. BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board reversed the WCJ's finding that the applicant was an employee of Metro Diner on the date of injury, concluding that he was an independent contractor.

Workers' Compensation Appeals BoardBratiff Home Corp.Metro DinerScott BroffmanUninsured Employers Benefit Trust FundADJ3512142MON 0288509Opinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge
References
Case No. ADJ10334027
Regular
Feb 24, 2017

MAURICIO VALENCIA ALEJANDRE vs. AEROGROUND INC, XL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by the defendant, Aeroground Inc., challenging an Order setting a trial date. The defendant argued a due process violation due to not being allowed to file a pre-trial conference statement after missing a prior hearing. However, the parties subsequently submitted a Compromise and Release agreement that was approved. Consequently, the Board dismissed the Petition for Removal as moot because the case was resolved.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderPre-trial conference statementDue process violationCompromise and ReleaseOrder Approving Compromise and ReleaseDismissedAdministrative Law JudgeAEROGROUND INC
References
Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
Case No. ADJ11276421
Regular
Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors
References
Case No. ADJ296898 (LAO 0859148) ADJ1245833 (LAO 0882864)
Regular
Aug 28, 2013

GEORGINA HERNANDEZ vs. PIONEER TRADING, INC./OMNI FOODS, GRANITE STATE INSURANCE COMPANY, as administered by CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board denied Pioneer Trading, Inc.'s petition for reconsideration in this matter. The Board adopted the WCJ's report, noting that the original award did not preclude a compromise and release. Furthermore, over a month had passed since the petition without a settlement being filed, and no effort was made to inform the WCJ of the alleged settlement agreement.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Awardcompromise and releaseadministrative law judgeWCJsettlement agreementverified petitionDENIEDGEORGINA HERNANDEZ
References
Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ7976729
Regular
Dec 29, 2017

DARRELL YOUNG vs. SOLARPONICS, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant, Darrell Young, whose Petition for Reconsideration and Removal has been denied by the Workers' Compensation Appeals Board. The Board adopted and incorporated the report of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. Consequently, reconsideration is denied, and the removal is dismissed.

Workers' Compensation Appeals BoardReconsiderationRemovalWCJ reportdenying reconsiderationdismissing removalSOLARPONICSINC.GALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ7534090
Regular
Oct 09, 2017

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board reconsidered a WCJ's decision regarding a lien claim for interpreting services. While affirming the finding that the lien was not time-barred, the Board amended the order to clarify that the lien claimant is not entitled to Labor Code section 5814 penalties. Jurisdiction was reserved at the trial level to determine potential penalties under Labor Code section 4622 for services related to medical-legal evaluations. This amendment aligns with the principle that Section 5814 penalties are payable to the applicant, not the lien claimant, and were likely resolved by the applicant's Compromise and Release.

Workers' Compensation Appeals BoardAleksey VolosevichShane Alexander CustomInc.York Risk Services GroupInc.ADJ7534090Opinion and Decision After ReconsiderationGalilei Global Interpretersstatute of limitations
References
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