Updated Daily

Case Law Database

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

Case No. ADJ7682218

Regular

Aug 05, 2015

RICHARD ROSSI vs. BINKS MANUFACTURING COMPANY, TIG INSURANCE COMPANY, ZENITH [RIVER STONE GROUP], HARTFORD INSURANCE, ACE INSURANCE COMPANY, COMMERCE AND INDUSTRY INSURANCE, AIG DOMESTIC CLAIMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, AMERICAN MOTORISTS INSURANCE COMPANY, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, LUMBERMEN'S MUTUAL CASUALTY, ILLINOIS TOOL WORKS, FINISHING BRANDS, ZURICH AMERICAN INSURANCE COMPANY, BROADSPIRE

The Appeals Board granted reconsideration to address applicant's contentions regarding the admissibility of vocational expert reports and his disability level. The Board reversed the exclusion of applicant's vocational expert reports, finding they should have been admitted into evidence despite CIGA's claims of insufficient notice. Issues regarding applicant's permanent disability exceeding 79%, entitlement to additional attorney's fees, and CIGA's liability for the vocational expert's costs were deferred. The case was returned to the trial level for further proceedings and decisions on these deferred issues.

CIGAvocational expertpermanent disabilityindustrial injurycancerlatency perioddue processsubstantial evidenceadmissibilityreconsideration

References

Case No. ADJ2102983 (OAK 0238102), ADJ10612430, ADJ8656036

Regular

Feb 07, 2020

BRANCO, BRUCE JORDAN vs. PACIFIC STEELCASTING COMPANY, WAUSAU UNDERWRITERS INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY, SEABRIGHT INSURANCE COMPANY, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY

This case involves appeals from WCJ decisions regarding cumulative injury and contribution liability against Seabright and CIGA. Following the applicant's death, the parties successfully resolved the widow's claim for accrued compensation and all contribution/reimbursement disputes through stipulations. The WCAB approved these stipulations, finding them adequate and in the widow's best interest, rescinding the prior WCJ decisions. An award of $18,913.66 was made to the widow, Shawn Branco, against Wausau Underwriters Insurance Company.

WCABCIGASeabright InsuranceWausau Underwriterscumulative injuryLabor Code section 4700Stipulationscompromise and releaseaccrued compensationsuccessor in interest

References

Case No. ADJ8002816, ADJ8316468

Regular

Oct 05, 2016

LORENZO TOSCANO CORONA vs. KOOSHAREM, doing business as SELECT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO CASUALTY INSURANCE COMPANY, ACE AMERICAN INSURANCE COMPANY, RSI HOME PRODUCTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over workers' compensation coverage where applicant Lorenzo Toscano Corona was injured, allegedly while employed through a staff leasing arrangement between Koosharem (Select Staffing) and RSI Home Products. The Appeals Board granted reconsideration to address arguments by ACE American Insurance Company and Travelers Property Casualty Company that their policies excluded coverage for the applicant. The Board rescinded the prior decision due to the arbitrator's failure to adequately document the proceedings and admitted exhibits as required by law. The matter is returned to the arbitrator to create a proper record and evaluate whether ACE and Travelers' policies contained valid exclusions for the applicant's injuries, considering relevant insurance code provisions and endorsements.

Staff leasingGeneral employerSpecial employerJoint and several liabilityOther insuranceInsurance Code section 1063.1(c)(9)Hold harmless clauseWCAB Rule 10566Hamilton v. Lockheed Corp.Labor Code section 3602(d)

References

Case No. ADJ4718986 (POM 0280167) ADJ2367642 (POM 0280166)

Regular

May 17, 2011

SEVERIANO GUZMAN vs. HANSON TRUSS, INC., ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, CENTRE INSURANCE COMPANY, VIRGINIA SURETY COMPANY, INC., LUMBERMAN'S UNDERWRITING ALLIANCE, TRAVELERS PROPERTY CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES For REDWOOD FIRE AND CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision which denied Allianz Global Risks U.S. Insurance Company's petition for contribution and set the date of injury as January 21, 1997. The Board found the arbitrator failed to comply with procedural rules regarding record keeping and evidence admission. Therefore, the case was returned to the arbitrator for further proceedings to create a proper record and reanalyze the issues consistent with relevant case law. The reanalysis must specifically consider whether compensable disability existed prior to the employee missing work, per *Rodarte*.

Workers' Compensation Appeals BoardReconsiderationArbitrator's DecisionPetition for ContributionDate of InjuryLabor Code Section 5412Cumulative InjuryLiability PeriodLabor Code Section 5500.5Admitted Evidence

References

Case No. ADJ 528016 (LAO 0797447) ADJ 4708211 (LAO 0831457)

Regular

May 08, 2016

JORGE PAREDES vs. COASTCAST CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, CALIFORNIA COMPENSATION INSURANCE COMPANY, LEGION INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., REPUBLIC INDEMNITY COMPANY, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board has granted reconsideration of a prior decision concerning Jorge Paredes and multiple defendant insurers. This grant is a procedural step to allow the Board to thoroughly review the complex factual and legal issues presented in the case. The Board intends to conduct further study and potentially additional proceedings to reach a just and reasoned decision. All future filings related to the petition for reconsideration must be submitted directly to the Board's Commissioners' office, not district offices or via e-filing in EAMS.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANT OF RECONSIDERATIONSTATUTORY TIME CONSTRAINTSOFFICE OF THE COMMISSIONERSELECTRONIC ADJUDICATION MANAGEMENT SYSTEMEAMSWCJDECISION AFTER RECONSIDERATIONLIQUIDATION

References

Case No. ADJ3194339 (SFO 0437494), ADJ3391559 (SFO 0494203), ADJ748288 (SFO 0494205)

Regular

Mar 19, 2009

AMED NAGI ALI vs. ABLE MAINTENANCE COMPANY, CONTINENTAL INSURANCE COMPANY, CNA CLAIM PLUS, ALASKA NATIONAL INSURANCE COMPANY, FARMERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to applicant Amed Nagi Ali, who sought to reopen dismissed cases. The dismissals stemmed from applicant's failure to appear at scheduled trials, with notices of intention to dismiss issued due to this absence. However, the applicant claimed to be out of the country and did not receive mail regarding the dismissals. The Board rescinded the dismissal orders, finding an ambiguity regarding proper service, and returned the cases to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissService of ProcessOfficial Address RecordTimelinessDefective ServiceRescinded OrderReturn to Trial Level

References

Case No. ADJ6482240

Regular

Dec 21, 2017

CATHERINE SANCHEZ vs. STARBUCKS COFFEE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Catherine Sanchez's claim against Starbucks. The WCAB affirmed the original decision but amended the findings of fact to clarify that Sanchez's injury resulted in permanent total disability. This amendment entitles her to lifetime permanent disability payments at a specific weekly rate, with attorney fees to be determined later. The WCAB gave significant weight to the administrative law judge's credibility determination, finding no substantial evidence to overturn it.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Permanent Total DisabilityPermanent DisabilityTemporary DisabilityAttorney FeeSedgwick Claims Management Services

References

Case No. ADJ2309063, 2603988

Regular

Jun 24, 2010

RAINIE JAEGER vs. APOTHE-CARE, INC., dba OWENS PHARMACY, FIREMAN'S FUND INSURANCE COMPANY, AMERICAN AUTO INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, WALGREEN'S, AMERICAN MOTORISTS INSURANCE COMPANY, SEDGWICK CMS, Fairmont Premier Insurance Company, American Motorist Insurance Company adjusted by Sedgwick

This case involves a dispute over a worker's compensation claim for a low back injury determined to be a compensable consequence of a prior bilateral carpal tunnel injury. The Board granted reconsideration to correct the date of the compensable consequence injury to October 5, 2004. Furthermore, Fireman's Fund was ordered to reimburse Sedgwick CMS for benefits paid after that date, with the right to seek contribution from Fairmont Premier/REM. The Board rescinded prior findings and substituted new ones, clarifying liability for medical treatment and benefits.

compensable consequence injurybilateral carpal tunnellow back injuryspinal surgeryAgred Medical Evaluator (AME)Fireman's FundSedgwick CMSjoint and several liabilityreimbursementcontribution

References

Case No. ADJ11297396

Regular

Oct 22, 2019

JACLYN BUZZETTA vs. STARBUCKS COFFEE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Order, and returned the case for further proceedings. The Board found the initial decision lacked sufficient analysis regarding the statute of limitations and the defendant's duty to notify the applicant of her rights. Specifically, the Board noted an incomplete review of provided notices and insufficient evidence to determine when the applicant gained actual knowledge of her workers' compensation rights, which is crucial for tolling the statute of limitations. This decision ensures both parties have a fair opportunity to address these critical factual and legal issues at the trial level.

Statute of LimitationsEquitable EstoppelLachesPetition for ReconsiderationFindings and OrderLabor Code Section 5405Workers' Compensation Appeals BoardTollingActual KnowledgeNotice Requirements

References

Case No. ADJ13021836; ADJ13022571; ADJ17282642; ADJ20509785; ADJ20509813

Regular

Sep 08, 2025

MARTINA VARELAS vs. PALMDALE LODGING ASSOCIATES, ZURICH AMERICAN INSURANCE COMPANY, GREAT AMERICAN INSURANCE COMPANY, EMPLOYERS ASSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY

Defendant Security National Insurance Company sought reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) decision regarding injuries sustained by applicant Martina Varelas. The WCJ had found that the applicant sustained injury arising out of and in the course of employment (AOE/COE) to her excretory and reproductive systems across multiple employment periods and adjudication numbers. The Workers' Compensation Appeals Board granted the petition for reconsideration, concluding that the WCJ had not sufficiently explained the basis for the decision on injury AOE/COE and liability, and that the record needed further development. A final decision on the merits has been deferred pending further review.

AOE/COEexcretory system injuryreproductive system injurycumulative traumaspecific injuryslip and falldate of injuryLabor Code section 5412Labor Code section 5500.5Petition for Reconsideration

References

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Updated Daily

Case Law Database

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

Case No. ADJ7682218

Regular

Aug 05, 2015

RICHARD ROSSI vs. BINKS MANUFACTURING COMPANY, TIG INSURANCE COMPANY, ZENITH [RIVER STONE GROUP], HARTFORD INSURANCE, ACE INSURANCE COMPANY, COMMERCE AND INDUSTRY INSURANCE, AIG DOMESTIC CLAIMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, AMERICAN MOTORISTS INSURANCE COMPANY, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, LUMBERMEN'S MUTUAL CASUALTY, ILLINOIS TOOL WORKS, FINISHING BRANDS, ZURICH AMERICAN INSURANCE COMPANY, BROADSPIRE

CIGAvocational expertpermanent disabilityindustrial injurycancerlatency perioddue processsubstantial evidenceadmissibilityreconsideration

References

Case No. ADJ2102983 (OAK 0238102), ADJ10612430, ADJ8656036

Regular

Feb 07, 2020

BRANCO, BRUCE JORDAN vs. PACIFIC STEELCASTING COMPANY, WAUSAU UNDERWRITERS INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY, SEABRIGHT INSURANCE COMPANY, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY

WCABCIGASeabright InsuranceWausau Underwriterscumulative injuryLabor Code section 4700Stipulationscompromise and releaseaccrued compensationsuccessor in interest

References

Case No. ADJ8002816, ADJ8316468

Regular

Oct 05, 2016

LORENZO TOSCANO CORONA vs. KOOSHAREM, doing business as SELECT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO CASUALTY INSURANCE COMPANY, ACE AMERICAN INSURANCE COMPANY, RSI HOME PRODUCTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, LIBERTY MUTUAL INSURANCE COMPANY

References

Case No. ADJ4718986 (POM 0280167) ADJ2367642 (POM 0280166)

Regular

May 17, 2011

SEVERIANO GUZMAN vs. HANSON TRUSS, INC., ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, CENTRE INSURANCE COMPANY, VIRGINIA SURETY COMPANY, INC., LUMBERMAN'S UNDERWRITING ALLIANCE, TRAVELERS PROPERTY CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES For REDWOOD FIRE AND CASUALTY COMPANY

References

Case No. ADJ 528016 (LAO 0797447) ADJ 4708211 (LAO 0831457)

Regular

May 08, 2016

JORGE PAREDES vs. COASTCAST CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, CALIFORNIA COMPENSATION INSURANCE COMPANY, LEGION INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., REPUBLIC INDEMNITY COMPANY, ZENITH INSURANCE COMPANY

References

Case No. ADJ3194339 (SFO 0437494), ADJ3391559 (SFO 0494203), ADJ748288 (SFO 0494205)

Regular

Mar 19, 2009

AMED NAGI ALI vs. ABLE MAINTENANCE COMPANY, CONTINENTAL INSURANCE COMPANY, CNA CLAIM PLUS, ALASKA NATIONAL INSURANCE COMPANY, FARMERS INSURANCE COMPANY

WCABPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissService of ProcessOfficial Address RecordTimelinessDefective ServiceRescinded OrderReturn to Trial Level

References

Case No. ADJ6482240

Regular

Dec 21, 2017

CATHERINE SANCHEZ vs. STARBUCKS COFFEE COMPANY

References

Case No. ADJ2309063, 2603988

Regular

Jun 24, 2010

RAINIE JAEGER vs. APOTHE-CARE, INC., dba OWENS PHARMACY, FIREMAN'S FUND INSURANCE COMPANY, AMERICAN AUTO INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, WALGREEN'S, AMERICAN MOTORISTS INSURANCE COMPANY, SEDGWICK CMS, Fairmont Premier Insurance Company, American Motorist Insurance Company adjusted by Sedgwick

compensable consequence injurybilateral carpal tunnellow back injuryspinal surgeryAgred Medical Evaluator (AME)Fireman's FundSedgwick CMSjoint and several liabilityreimbursementcontribution

References

Case No. ADJ11297396

Regular

Oct 22, 2019

JACLYN BUZZETTA vs. STARBUCKS COFFEE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Statute of LimitationsEquitable EstoppelLachesPetition for ReconsiderationFindings and OrderLabor Code Section 5405Workers' Compensation Appeals BoardTollingActual KnowledgeNotice Requirements

References

Case No. ADJ13021836; ADJ13022571; ADJ17282642; ADJ20509785; ADJ20509813

Regular

Sep 08, 2025

MARTINA VARELAS vs. PALMDALE LODGING ASSOCIATES, ZURICH AMERICAN INSURANCE COMPANY, GREAT AMERICAN INSURANCE COMPANY, EMPLOYERS ASSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY

AOE/COEexcretory system injuryreproductive system injurycumulative traumaspecific injuryslip and falldate of injuryLabor Code section 5412Labor Code section 5500.5Petition for Reconsideration

References

Showing 1-10 of 5,959 results

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