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

Case No. GRO 27301, GRO 28637
Regular
Feb 11, 2008

HERMAN DENNLER vs. TIMEC CO., INC., ST. PAUL TRAVELERS, OPEN WAVES SYSTEMS, LUMBERMAN'S MUTUAL CASUALTY COMPANY

This Workers' Compensation Appeals Board opinion corrects a clerical error in a previous decision, specifically removing the incorrect statement that St. Paul Travelers was adjusted by Broadspire. The case involves two injuries sustained by Herman Dennler in 2002, with awards of permanent disability indemnity and future medical treatment granted against Timec Co., Inc. (insured by St. Paul Travelers) and Open Wave Systems (insured by Lumberman's Mutual Casualty Company). The correction clarifies that St. Paul Travelers was the insurance carrier for Timec Co., Inc. and was not adjusted by Broadspire.

Workers' Compensation Appeals Boardclerical errorreconsiderationaward correctionpermanent partial disabilitytemporary disability indemnitymedical treatmentattorney's feeslienTimec Co.
References
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
Case No. ADJ2623515 (SJO 0244721) ADJ1776322 (SJO 0250018)
Regular
Feb 10, 2010

THU-HA TRAN vs. THERMO LASER SCIENCE, ST. PAUL TRAVELERS, MATRIX ABSENCE MANAGEMENT

This case concerns Matrix Absence Management's petition for reconsideration of a workers' compensation decision regarding cost reimbursement for applicant Thu-Ha Tran's lumbar spine treatment. The arbitrator previously found insufficient evidence to compel reimbursement between Matrix and St. Paul Travelers. Matrix's petition lacked verification, a requirement under Labor Code section 5902. The Board dismissed the petition because Matrix failed to cure this defect despite notice. Even if verified, the Board would have denied the petition based on the original arbitrator's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalVerificationLabor Code Section 5902Lucena v. Diablo Auto BodyFindings and OrderReimbursementLumbar SpineMatrix Absence Management
References
Case No. GRO 27301 GRO 28637
Regular
Jan 25, 2008

HERMAN DENNLER vs. TIMEC CO., INC.; ST. PAUL TRAVELERS, Adjusted By BROADSPIRE; OPEN WAVES SYSTEMS; LUMBERMAN'S MUTUAL CASUALTY COMPANY, Adjusted By BROADSPIRE

This case involves two industrial injuries to the applicant's spine sustained while employed by different employers. The Workers' Compensation Appeals Board granted reconsideration to overturn a prior joint award, ruling that recent legislative changes require separate permanent disability ratings for each injury. Consequently, the Board issued separate awards for each injury and clarified that St. Paul Travelers is responsible for administering future medical care.

Wilkinson ruleSB 899apportionmentcausationcombined disabilitypermanent stationaryseparate awardsfuture medical careSt. Paul TravelersLumberman's Mutual Casualty Company
References
Case No. ADJ621008 (MON 0291717)
Regular
Sep 05, 2012

WILLIAM KEY vs. PRODUCTION PROCESSING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, LEGION INSURANCE COMPANY, STONE STANLEY PRODUCTIONS, ST. PAUL TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where the California Insurance Guarantee Association (CIGA), covering Legion Insurance, seeks reconsideration of an arbitrator's award. The arbitrator found both CIGA and Travelers, insurer for the special employer, jointly liable for the applicant's injury and ordered Travelers to reimburse CIGA for all benefits paid since Legion's liquidation. CIGA contested being required to continue administering medical treatment and the denial of pre-judgment interest from Travelers. The Board granted reconsideration to amend the award, ordering Travelers to administer future medical treatment, but affirmed the denial of pre-judgment interest to CIGA.

CIGALegion InsuranceProduction ProcessingStone Stanley ProductionsSt. Paul TravelersWilliam Keyindustrial injurylow backliquidationother insurance
References
Case No. SJO 0264281
Regular
Apr 07, 2008

JOSE LUIS VENEGAS vs. WALNUT INVESTMENT (AMS), TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded its prior award of temporary disability benefits to applicant Jose Luis Venegas. This action was taken because the parties submitted a proposed $30,000 compromise and release agreement while the case was pending reconsideration. The matter is now returned to the trial level for a workers' compensation judge to review and potentially approve the settlement.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityCompromise and ReleaseRescinded AwardTrial LevelWCJIndustrial InjuryDriver/LoaderTravelors Property Casualty
References
Case No. ADJ1717969 (VNO 0449705)
Regular
Mar 20, 2013

ERIKA ROLLINS vs. FILM PAYMENT SERVICES, KID BROTHERS PRODUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION, in liquidation, ST. PAUL FIRE & MARINE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an arbitrator's award because the arbitration proceedings lacked a proper record, violating Labor Code sections requiring findings on all facts and compliance with case record standards. The WCAB returned the matter for further proceedings to ensure a complete record is created, adhering to due process principles and established case law. If a compliant record cannot be created, the case will be remanded for a new arbitrator selection. The parties sought reconsideration of the original award, which found Travelers' insurance to be "other insurance" and held them liable for the applicant's injury, ordering CIGA's dismissal.

California Insurance Guarantee AssociationCIGASt. Paul Fire & Marine Insurance CompanyTravelersWorkers' Compensation Appeals BoardArbitrator's AwardReconsiderationOther InsuranceInsurance Code Section 1063.1(c)(9)Prejudgment Interest
References
Case No. POM 0290497
Regular
Feb 22, 2008

WALID THOMAS vs. KAZI FOODS, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board denied Walid Thomas's petition for reconsideration of a decision that found his alleged back and hernia injuries sustained while employed by Kazi Foods were not industrial. The Board adopted the findings of the administrative law judge, who found Dr. Hajj's opinion to be substantial medical evidence supporting this conclusion. The judge also found Thomas's testimony not credible due to his extensive prior medical history of similar back injuries and a hernia.

Workers' Compensation Appeals BoardReconsideration deniedIndustrial injuryDr. Hajj's opinionSubstantial medical evidenceCredibility findingPlace v. Workers' Comp. Appeals Bd.Garza v. Workmen's Comp. Appeals Bd.Kazi FoodsInc.
References
Case No. VNO 0508480
Regular
Dec 06, 2007

MICHELLE LORD vs. RITE-AID CORPORATION, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration of an award for home health care, finding the original decision lacked substantial evidence. The Board rescinded the award and returned the case for further development of the record concerning the applicant's past and future home health care needs. Specifically, the Agreed Medical Examiner must clarify their opinion on the reasonableness and necessity of past and future home health care.

Workers' Compensation Appeals BoardRite-Aid CorporationSt. Paul TravelersMichelle LordFindings and AwardReconsiderationHome health careIndustrial injuryAgreed Medical ExaminerActivities of Daily Living
References
Case No. MON 329349 MON 329350 MON 329351
Regular
Feb 15, 2008

AGUSTIN PRECIADO vs. CHAMPION ENTERPRISES, INC./SILVERCREST; ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal. The petition was untimely filed under WCAB Rule 10843 and the petitioner failed to demonstrate significant prejudice or irreparable harm from the underlying Notice of Intention to Dismiss. Consequently, the WCAB ordered the dismissal of the Petition for Removal.

Petition for RemovalWCJ ReportTimelinessWCAB Rule 10843Significant PrejudiceIrreparable HarmNotice of IntentionDismissalWorkers' Compensation Appeals BoardAgustin Preciado
References
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