Updated Daily

Case Law Database

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

Case No.

Regular

Oct 29, 2009

TONY PACHECO, ANDREW ARMIJO, MARTHA MARIN, JOSE CONTRERAS, PERRY LOFTON, VITALINO AJVIX, MARTHA HERNANDEZ vs. GLOBAL WIRELESS, INC.; and STATE COMPENSATION INSURANCE FUND, CUTTING EDGE SUPPLY COMPANY; and STATE COMPENSATION INSURANCE FUND, AVEC SERVEALL; and STATE COMPENSATION INSURANCE FUND, GEHR INDUSTRIES, INC.; and STATE COMPENSATION INSURANCE FUND, AMERICAN METAL RECYCLING; and STATE COMPENSATION INSURANCE FUND, STRICTLY WHOLESALE ADA KENDALL SIGN; and STATE COMPENSATION INSURANCE FUND, MARRIOTT INTERNATIONAL, INC.

The Appeals Board issued an Order consolidating cases and a notice of intention (NIT) to impose monetary sanctions on CMS Network, Inc. and its representatives for misstatements of law. A hearing is set for November 18, 2009.

Workers Compensation Appeals BoardMonetary SanctionsNotice of Intention (NIT)Petitions for ReconsiderationMisstatements of LawGood CauseHearingObjectionAttorney ServiceRecusal

References

Case No. ADJ1463963 (POM 0273971 ADJ3120431 (POM 0268474)

Regular

Jan 09, 2012

RUBEN ORTIZ vs. LINKS-NILSON CORPORATION, CALIFORNIA COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, DAART ENGINEERING, XL FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case involves Ruben Ortiz seeking workers' compensation benefits. The primary issue is whether the applicant's injuries from a specific incident are compensable under workers' compensation law. The litigation involves multiple defendants, including the applicant's employer, its insurer (in liquidation), and the California Insurance Guarantee Association, alongside other entities. The core dispute centers on the causal link between the employment and the claimed injuries. The outcome will determine the extent of benefits Ortiz is entitled to and the responsibility of the named defendants.

Workers' Compensation Appeals BoardApplicantDefendantLinks-Nilsen CorporationCalifornia Compensation Insurance CompanyliquidationCalifornia Insurance Guarantee AssociationDaart EngineeringXL Fire ProtectionState Compensation Insurance Fund

References

Case No. ADJ361146 (AHM0081010), ADJ1841007 (AHM0070321)

Regular

Oct 19, 2009

PRITCHETT, JAMES L. vs. CHIPTON-ROSS, INC, STATE COMPENSATION INSURANCE FUND, NORTHROP GRUMMAN CORPORATION, NATIONAL FIRE INSURANCE COMPANY OF PENNSYLVANIA, California Insurance Guarantee Association (CIGA)

Reconsideration granted; affirmed except for amending findings regarding CIGA liability and applicant's injury.

CIGAcovered claimstatutory creaturegeneral employerspecial employerjoint and several liabilityadditional insuredinsolvent insurerinsurance codelabor code

References

Case No. ADJ8181938; ADJ8702275

Regular

Apr 10, 2023

KAREN MILLER vs. STATE OF CALIFORNIA, VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued against the statutory 15% increase, the method of evaluating spine impairment, and the inclusion of a sleep disorder. The Board adopted the WCJ's report, finding no error in the application of the 15% increase or the evaluation of the spine impairment using the ROM method as deemed appropriate by the agreed medical examiner. Furthermore, the Board upheld the finding of an industrially caused sleep disorder, noting that formal sleep studies are not always required for diagnosis and that the physician's rating falls within the AMA Guides.

WCABPetition for ReconsiderationDeniedVentura Youth Correctional FacilityAdjudication NumbersOccupational Group 214Cervical SpineLumbar SpineBilateral ShouldersGastrointestinal System

References

Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)

Regular

Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue

References

Case No. ADJ4047184 (RDG 0115958)

Regular

Dec 02, 2009

BRICE SANDHAGEN vs. STATE COMPENSATION INSURANCE FUND

The court affirmed the WCJ's decision that the defendant was barred from relying on the utilization review process due to missed deadlines. The UR process is the employer's only avenue for resolving treatment requests.

RemittiturUtilization ReviewLabor Code section 4610(g)(1)Labor Code section 4062(a)Treating Physician RecommendationWCJFindings and Award and OrderPetition for ReconsiderationEn Banc DecisionCourt of Appeal

References

Case No. ADJ14726665

Regular

Oct 17, 2025

BRAD PEIRCE, SHERRY HAYES-PEIRCE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Reconsideration of a WCJ's decision that found a death benefits claim for Brad Peirce was not barred by the statute of limitations. The case involves a deceased applicant, Brad Peirce, and his claimant Sherry Hayes-Peirce, against the State of California, Department of Corrections and Rehabilitation, and State Compensation Insurance Fund. The Board deferred a final decision to allow further review of the factual and legal issues, particularly concerning Labor Code sections 5406(b) and 5412, and encouraged voluntary mediation. The medical evidence presented by Dr. Jonathan Ng, an Agreed Medical Evaluator, played a significant role in assessing the industrial conditions contributing to Mr. Peirce's death.

death benefitsstatute of limitationsLabor Code section 5406(b)date of injuryLabor Code section 5412cumulative traumapermanent disabilityAgreed Medical Evaluatorhypertensive cardiac diseasecoronary atherosclerosis

References

Case No. MON 0271251 MON 0271252 MON 0271253

Regular

Jan 09, 2008

CONSUELO AMADOR vs. JIMWAY, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns liability for an applicant's cumulative trauma injury where both Fremont Indemnity (represented by CIGA) and the State Compensation Insurance Fund (SCIF) provided coverage. The Workers' Compensation Appeals Board reversed an arbitrator's decision, finding that SCIF, as a solvent insurer jointly and severally liable for the injury, constitutes "other insurance." Therefore, under Insurance Code section 1063.1(c)(9), CIGA is not liable for the applicant's cumulative trauma injury.

CIGAFremont IndemnitySCIFcumulative traumajoint and several liabilitycovered claimother insuranceInsolvencyLabor Code section 5500.5Insurance Code section 1063.1(c)(9)

References

Case No. ADJ656416 (RIV 0030336)

Regular

Oct 18, 2011

JOHN CAVEY vs. SONY PICTURES ENTERTAINMENT, CNA CLAIMPLUS, INC., PIPE JACKING, INC., STATE COMPENSATION INSURANCE FUND, CAST & CREW PAYROLL, CNA CLAIMPLUS, PARAMOUNT PICTURES, ST PAUL/TRAVELERS INSURANCE, et al.

This case concerns reconsideration petitions filed by Paramount Pictures and State Compensation Insurance Fund (SCIF) regarding an arbitrator's award of the date of injury for workers' compensation purposes. Paramount's petition is dismissed as untimely filed. SCIF's petition, arguing against the September 1999 last date of injurious exposure based on medical evidence, is denied for the reasons stated in the arbitrator's report. The Board adopted the arbitrator's findings and incorporated the report into their decision.

Labor Code section 5412Labor Code $\S$5500.5date of injuryinjurious exposureapportionmentcontributionpetition for reconsiderationuntimely petitionWorkers' Compensation Appeals BoardAward of Arbitrator

References

Case No. ADJ4634668 (FRE 0169001)

Regular

Jan 31, 2012

SUE JORDAN vs. ANDERSON CLAYTON & CO. (COALINGA FEED YARD), STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation

The California Insurance Guarantee Association (CIGA) sought reconsideration of an order approving a compromise and release agreement between the applicant and State Compensation Insurance Fund (SCIF). CIGA argued its due process rights were violated as it wasn't properly notified of the 2006 order. The Appeals Board found the 2006 order did not affect CIGA's right to seek reimbursement from SCIF, as CIGA's claim arises from insurance code provisions, not the prior agreement. The Board affirmed the 2006 order and returned the case to the trial level to determine CIGA's reimbursement claim against SCIF.

CIGASCIFFremont Insuranceliquidationcompromise and releasecumulative traumaindustrial injuryreimbursementother insuranceInsurance Code section 1063.1(c)(9)

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.

Regular

Oct 29, 2009

TONY PACHECO, ANDREW ARMIJO, MARTHA MARIN, JOSE CONTRERAS, PERRY LOFTON, VITALINO AJVIX, MARTHA HERNANDEZ vs. GLOBAL WIRELESS, INC.; and STATE COMPENSATION INSURANCE FUND, CUTTING EDGE SUPPLY COMPANY; and STATE COMPENSATION INSURANCE FUND, AVEC SERVEALL; and STATE COMPENSATION INSURANCE FUND, GEHR INDUSTRIES, INC.; and STATE COMPENSATION INSURANCE FUND, AMERICAN METAL RECYCLING; and STATE COMPENSATION INSURANCE FUND, STRICTLY WHOLESALE ADA KENDALL SIGN; and STATE COMPENSATION INSURANCE FUND, MARRIOTT INTERNATIONAL, INC.

Workers Compensation Appeals BoardMonetary SanctionsNotice of Intention (NIT)Petitions for ReconsiderationMisstatements of LawGood CauseHearingObjectionAttorney ServiceRecusal

References

Case No. ADJ1463963 (POM 0273971 ADJ3120431 (POM 0268474)

Regular

Jan 09, 2012

RUBEN ORTIZ vs. LINKS-NILSON CORPORATION, CALIFORNIA COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, DAART ENGINEERING, XL FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ361146 (AHM0081010), ADJ1841007 (AHM0070321)

Regular

Oct 19, 2009

PRITCHETT, JAMES L. vs. CHIPTON-ROSS, INC, STATE COMPENSATION INSURANCE FUND, NORTHROP GRUMMAN CORPORATION, NATIONAL FIRE INSURANCE COMPANY OF PENNSYLVANIA, California Insurance Guarantee Association (CIGA)

Reconsideration granted; affirmed except for amending findings regarding CIGA liability and applicant's injury.

CIGAcovered claimstatutory creaturegeneral employerspecial employerjoint and several liabilityadditional insuredinsolvent insurerinsurance codelabor code

References

Case No. ADJ8181938; ADJ8702275

Regular

Apr 10, 2023

KAREN MILLER vs. STATE OF CALIFORNIA, VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

WCABPetition for ReconsiderationDeniedVentura Youth Correctional FacilityAdjudication NumbersOccupational Group 214Cervical SpineLumbar SpineBilateral ShouldersGastrointestinal System

References

Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)

Regular

Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue

References

Case No. ADJ4047184 (RDG 0115958)

Regular

Dec 02, 2009

BRICE SANDHAGEN vs. STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ14726665

Regular

Oct 17, 2025

BRAD PEIRCE, SHERRY HAYES-PEIRCE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

References

Case No. MON 0271251 MON 0271252 MON 0271253

Regular

Jan 09, 2008

CONSUELO AMADOR vs. JIMWAY, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY INSURANCE COMPANY, in liquidation, by CAMBRIDGE INTEGRATED SERVICES, STATE COMPENSATION INSURANCE FUND

CIGAFremont IndemnitySCIFcumulative traumajoint and several liabilitycovered claimother insuranceInsolvencyLabor Code section 5500.5Insurance Code section 1063.1(c)(9)

References

Case No. ADJ656416 (RIV 0030336)

Regular

Oct 18, 2011

JOHN CAVEY vs. SONY PICTURES ENTERTAINMENT, CNA CLAIMPLUS, INC., PIPE JACKING, INC., STATE COMPENSATION INSURANCE FUND, CAST & CREW PAYROLL, CNA CLAIMPLUS, PARAMOUNT PICTURES, ST PAUL/TRAVELERS INSURANCE, et al.

References

Case No. ADJ4634668 (FRE 0169001)

Regular

Jan 31, 2012

SUE JORDAN vs. ANDERSON CLAYTON & CO. (COALINGA FEED YARD), STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation

CIGASCIFFremont Insuranceliquidationcompromise and releasecumulative traumaindustrial injuryreimbursementother insuranceInsurance Code section 1063.1(c)(9)

References

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