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Case Law Database

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

Case No. ADJ7964733
Regular
May 29, 2018

JOSE LUIS MASTACHE vs. STAFFCHEX, INC., JESSIE LORD BAKERY; CALIFORNIA GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY in Liquidation through its servicing facility SEDGWICK CMS; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where CIGA seeks reconsideration of a prior decision. The core dispute centers on whether a Travelers insurance policy issued to Jessie Lord Bakery excludes coverage for special employees leased from Staffchex. The Appeals Board granted reconsideration, rescinded the prior decision, and found that the Travelers policy provided coverage, reasoning that the exclusion endorsement was invalid as it lacked the required written affirmation by the policyholder. Furthermore, the Board clarified that general and special employers remain jointly and severally liable for workers' compensation benefits, irrespective of agreements between them.

CIGAStaffchexJessie Lord BakeryTravelers Property Casualty CompanyUllico Casualty CompanySpecial EmployeeGeneral EmployerJoint and Several LiabilityLabor Code Section 3602(d)Limiting Endorsement
References
22
Case No. ADJ7469597
Regular
Nov 14, 2014

ANA AVALOS vs. STAFFCHEX, INCORPORATED, LUMBERMEN'S UNDERWRITING

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's second petition for reconsideration, deeming it successive and without merit as it challenged interlocutory discovery orders, not a final decision. The Board, on its own motion, also issued a notice of intention to impose $1,000 in sanctions against applicant's counsel, Carl A. Feldman. This action was taken for filing a frivolous and bad-faith petition, disregarding prior explanations of final orders. Counsel has 15 days plus mailing time to show good cause why sanctions should not be imposed.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder DismissingDenial of RemovalInterlocutory Discovery OrdersPQME AppointmentFinal OrderPre-trial OrdersWCJ's Report and RecommendationSuccessive Petition
References
2
Case No. ADJ9602695
Regular
Sep 26, 2019

KELLY MULDROW vs. AMS OUTSOURCING/STAFFCHEX, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO, SEDGWICK CMS, SENBA USA, INC., MITSUI SUMITOMO

This case concerns applicant Kelly Muldrow's claim for psychiatric injury stemming from her employment. The primary dispute revolves around the applicability of Labor Code section 3208.3(d), which generally requires six months of employment for psychiatric injury claims. The Appeals Board rescinded the initial findings, remanding the case to the trial level for further proceedings. This is because the prior ruling improperly deferred the threshold issue of section 3208.3(d)'s applicability without fully adjudicating it.

Workers' Compensation Appeals BoardKelly MuldrowAMS OutsourcingStaffchexCalifornia Insurance Guarantee AssociationCIGAUllicoSedgwick CMSSenba USAMitsui Sumitomo
References
15
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