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

Case No. ADJ1283525
Regular
May 17, 2010

ANTOONIO OLIVERA (Decedent), MARIA GOMEZ OLIVERA (Surviving Spouse) vs. RICK PLANO STABLES, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings due to insufficient evidence regarding the decedent's employer. The WCAB found conflicting testimony and lack of clear evidence establishing employment with Rick Plano Stables on the alleged date of injury. The matter was remanded to properly substitute the surviving spouse as the applicant and to develop the record on the employer's identity and the date of injury.

Workers' Compensation Appeals BoardDecedent's spouseReconsiderationFindings and OrderSubstantial evidenceDevelop the recordInsufficient evidenceConstitutional mandateDevelop the recordUninsured Employers Benefit Trust Fund
References
Case No. ADJ6730536
Regular
Nov 29, 2010

ROBERT HILL (Deceased), NANCY HILL (Dependent Spouse) vs. AERO CRAFT HYDRAULICS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration and amended a finding to clarify that the applicant *claimed* a cumulative injury from 1993-2006, rather than finding it established. The Board denied the defendant's petition for removal, finding no evidence of significant prejudice or irreparable harm justifying the extraordinary remedy. The WCJ's decision to defer unresolved issues and allow further discovery was otherwise affirmed. The amended finding now accurately reflects the stipulated facts and the nature of the contested cumulative trauma claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and OrderWCJIndustrial InjuryCumulative TraumaSpecific InjuryAOE/COEMandatory Settlement Conference
References
Case No. ADJ8005462
Regular
Dec 02, 2013

PEDRO VALDERRAMA, SR. (Deceased), MARIA SOLIS (Spouse) et al. vs. LOS AMIGOS CONSTRUCTION, ACEO PAYROLL CO., CASTLE POINT INSURANCE CO., ACE AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the original award finding that Pedro Valderrama's death on September 25, 2009, was industrially caused. The Board found substantial evidence supported that Castle Point Insurance Company was the insurer for Los Amigos Construction at the time of the injury, despite petitioners' claims that payroll services had switched to Select Focus. Evidence indicated that Select Focus had not finalized any agreement or secured insurance coverage for Los Amigos Construction before the date of injury, and that Castle Point's policy was still in effect. The Board also noted a prior OSHA decision that similarly found Select Focus was not the employer and had no exposure in this case.

Workers' Compensation Appeals BoardPedro ValderramaMaria SolisLos Amigos ConstructionACEO Payroll Co.Castle Point Insurance Co.ACE American Insurance Co.Petition for ReconsiderationFindings of Fact and Awardindustrial injury
References
Case No. ADJ16748364; ADJ16734273
Regular
Jun 18, 2025

PARK EDDY vs. ACTIVE CAPTIVE MANAGEMENT, ACCIDENT FUND INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The case involved an applicant who sustained industrial injuries and required overnight home healthcare. The central issue was whether the applicant's spouse was appropriate to provide this care. The Workers' Compensation Judge (WCJ) found that the spouse was capable and suitable, relying on their credible testimony and existing case law. The defendant challenged this finding, arguing insufficient medical evidence and questioning the spouse's ability while working. The Appeals Board affirmed the WCJ's decision, finding that the record supported the need for non-skilled attendant care and that the spouse was capable of providing it, noting that the spouse was not currently employed.

Petition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Case EventsSent to ReconReport and RecommendationOvernight Nursing CareAttendant CareActivities of Daily Living (ADLs)Credibility Determinations
References
Case No. ADJ1224922 (MON 0333643) ADJ2871289 (MON 0333644) ADJ6748036
Regular
Jan 21, 2010

MARIA CUPIDO (DECEASED) vs. HEALTHCARE SERVICES GROUP, INC., ZURICH NORTH AMERICA

This case involves a dispute over the appointment of a guardian ad litem (GAL) for the deceased worker's dependents. The defendant sought removal of an ex parte GAL order obtained by one claimant's counsel while another claimant's GAL petition was pending. The Appeals Board granted removal and rescinded the GAL order, finding it invalid on its face and noting questionable conduct by the petitioner's counsel. The matter is remanded for a proper determination of the appropriate GAL for the dependent.

Petition for removalGuardian ad LitemTrusteeEx parteSubstitution of attorneysApplication for Adjudication of ClaimDeath caseDependentWCJRescinded
References
Case No. ADJ1209594
Regular
Nov 17, 2011

RICARDO MOTA vs. CAST ALUMINUM & BRASS CORPORATION, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The petition sought to depose the applicant's spouse to gather information about his past drug abuse. The Board found that the marital privilege applies, preventing the deposition, as the applicant and his spouse are now married and have asserted this privilege. The Board adopted the Administrative Law Judge's report, which concluded that no exceptions to the marital privilege applied in this case.

Workers' Compensation Appeals BoardPetition for RemovalMarital PrivilegeDepositionEvidence CodeIndustrial InjuryDrug AbusePre-existing HistoryPsychiatric InjuryCognitive Dysfunction
References
Case No. ADJ3229251 (GRO 0032007) ADJ4697200 (GRO 0032008)
Regular
Apr 24, 2009

JOYCE ROARK vs. CORDOVA CHEMICAL/AEROJET, PACIFIC EMPLOYERS INSURANCE by ESIS

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, increasing the death benefit to $125,000 and the attorney fee to $18,750, based on a June 2004 date of injury. The Board denied the defendant's petition, upholding the finding that the deceased worker's death from cancer was industrially caused based on Dr. O'Neill's medical opinion. While the majority found Dr. O'Neill's revised opinion, considering chromosomal damage and a specific medical article linking rare tumors to similar chemical exposures, constituted substantial evidence, one commissioner dissented, arguing the medical evidence was insufficient for a finding of industrial causation. The dissenting commissioner believed further medical evaluation was necessary, preferring an IME to resolve the causation issue.

David RoarkJoyce RoarkCordova Chemical/AerojetPacific Employers InsuranceESISADJ3229251ADJ4697200Joint Findings and AwardPetition for ReconsiderationIndustrial Injury
References
Case No. ADJ7995806
Regular
Jun 12, 2013

ROQUE NERI-HERNANDEZ vs. WORKFORCE STAFFING, TOWER GROUP COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration on its own motion regarding a prior decision that awarded applicant Roque Neri-Hernandez payment for self-procured home health care. The WCAB found that while the applicant met the burden of proof for reasonable and necessary home health care services based on a physician's prescription, further factual development was required. Issues to be clarified include the exact date the prescription was received by the defendant and the specific duration and nature of care required from the date of injury. The case was returned to the WCJ for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationOpinion and OrderFindings and AwardAdministrative Law JudgePetition for ReconsiderationDecision After ReconsiderationLabor CodeSelf-procured medical careHome health care
References
Case No. ADJ3271362 (LAO 0873186) ADJ665746 (MON 0351716) ADJ6595399
Regular
Jun 07, 2017

MARIA MONTALVO vs. FAA FIRST FEDERAL CREDIT UNION, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY, EVEREST NATIONAL INSURANCE COMPNAY, AMERICAN CLAIMS

A lien claimant petitioned to disqualify the Workers' Compensation Judge (WCJ) because her husband previously represented a defendant in these matters for three years. The Appeals Board granted the petition, finding that the WCJ's husband's prior involvement creates an appearance of impropriety, regardless of his actual level of participation. This appearance of bias, coupled with the possibility that the husband could be a material witness, necessitates reassignment to another WCJ to ensure impartiality. The Board cited due process requirements and judicial ethics regarding the appearance of fairness in administrative proceedings.

Petition for DisqualificationWCJ impartialityappearance of improprietyspouse attorneymaterial witnessCanon 3Code of Judicial Ethicsdue processneutral decision makerprior representation
References
Case No. ADJ1923917 (VNO 0416984) ADJ238308 (VNO 0496408)
Regular
Sep 02, 2009

LEON SAUNDERS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration because she was not an aggrieved party. The claimant argued she missed a lien trial due to late notice, but the Board found her lien was never adjudicated, thus she suffered no final order or extinguished rights. The Board clarified that her lien remains pending and will be considered in further proceedings. Lien claimants must ensure they raise all contentions and submit evidence for their lien's validity.

Lien claimantPetition for ReconsiderationDue ProcessNotice of HearingAggrieved PartyHome Health CareIndustrial InjuryMandatory Settlement ConferenceLabor CodeWorkers' Compensation Appeals Board
References
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