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

Case No. 3041 0151
Regular Panel Decision

Claim of West v. Titan Express, Inc.

The claimant appealed a November 6, 2012 decision by the Workers’ Compensation Board that denied a variance request for certain medical injections. While the appeal was pending, the Board issued an amended decision in April 2013, superseding the original but reaching the same ultimate conclusion. The Court determined that the Board acted within its statutory authority in issuing the amended decision, as the appeal had not yet been perfected and no prejudice resulted. However, because the amended decision superseded the initial one, the Court found the pending appeal moot. Consequently, the appeal was dismissed without costs.

Workers' Compensation LawMedical VarianceWorkers' Compensation BoardAppellate DivisionMootness DoctrineBoard JurisdictionAmended DecisionProcedural IssuesClaimant AppealTitan Express Inc.
References
16
Case No. MISSING
Regular Panel Decision
Mar 19, 2003

Credit Suisse First Boston Corp. v. Pitofsky

This case addresses whether an arbitration provision in employment agreements (Employee Dispute Resolution Program - EDRP) between a securities broker-dealer and its employees supersedes an arbitration provision in the Uniform Application for Securities Industry Registration or Transfer (Form U-4). Appellants, former employees of Credit Suisse First Boston (CSFB), were registered with the National Association of Securities Dealers (NASD) and New York Stock Exchange (NYSE) via Form U-4, which mandates arbitration for employment disputes. CSFB later introduced an EDRP, which also required arbitration but included an exception for registered representatives legally bound to arbitrate in a specific forum. After their employment was terminated, a compensation dispute arose. Appellants sought arbitration with the NYSE, while CSFB demanded arbitration before JAMS, as per their EDRP, and petitioned the Supreme Court to stay the NYSE arbitration. The Supreme Court granted CSFB's petition, but the appellate court reversed, finding that the EDRP's exception applied, and Form U-4, along with NYSE rules, required arbitration in the NYSE forum. The court also noted that prior case law holds that employment agreements cannot supersede previously executed Form U-4 agreements. Consequently, the appellate court denied CSFB's petition and directed the parties to proceed to arbitration before the New York Stock Exchange.

Arbitration agreementEmployment disputeForm U-4Employee Dispute Resolution ProgramSecurities industryNational Association of Securities DealersNew York Stock ExchangeRegistered representativesContract interpretationSuperseding agreement
References
4
Case No. BAK 0142744
Regular
Apr 01, 2008

DARIN SLOAN vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case concerns whether the old or new permanent disability rating schedule applies. The Board affirmed the WCJ's decision to use the old schedule, finding that medical reports in 2004 indicated permanent disability, even if not explicitly stating the condition was permanent and stationary. This ruling aligns with the more recent *Zavala* precedent, superseding the stricter interpretation in *Vera*.

Workers' Compensation Appeals BoardDarin SloanWasco State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationWCJindustrial injurypermanent disabilityapportionment1997 Schedule for Rating Permanent Disabilities
References
8
Case No. ADJ10264533
Regular
Oct 07, 2017

KENNETH GOSLING vs. CALIFORNIA SECURITY AND INVESTIGATIONS ACADEMY, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision. The Board found that while the applicant was correctly identified as an employee, the issue of whether he was excluded from workers' compensation coverage is a matter for mandatory arbitration. Therefore, the case is remanded to the trial level to proceed with arbitration on the coverage issue. The WCJ's prior finding that the applicant was not excluded from coverage is superseded by this order.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactCumulative TraumaCorporate Officer ExclusionLabor Code Sections 3351(c)Labor Code Section 4151Mandatory ArbitrationInsurance CoverageEmployee Definition
References
1
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
0
Case No. ADJ2135528 (VNO 0550980)
Regular
May 22, 2015

NUREN KARTAL vs. THREE HANDS CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a petition for reconsideration filed by the defendants, Three Hands Corporation and Oak River Insurance Company. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. This dismissal is based on the WCJ's report, which found the petition moot because the WCJ issued a corrected award superseding the original one. Therefore, the WCAB adopted the WCJ's reasoning and dismissed the reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportmootSecond Amended Supplemental FindingsFirst Amended Joint FindingsApplicantDefendantInsurance CompanyAdministrative Law Judge
References
0
Case No. ADJ15474722; ADJ15474723
Regular
Apr 25, 2023

TERESA MENDEZ vs. VILLAGE MANAGEMENT SERVICES, INC., SAFETY NATIONAL INSURANCE, TRISTAR

The Workers' Compensation Appeals Board dismissed Teresa Mendez's Petition for Removal as moot. The petition sought review of an order setting a trial date, but this order was subsequently superseded by a stipulation for a new QME panel. Because the parties resolved the issues raised in the petition, the Board found no active controversy to decide. The matter was taken off calendar and can be returned to the calendar once discovery is complete.

Petition for RemovalMootSuperseded OrderAOE/COEQME panelDiscoveryOff CalendarDeclaration of ReadinessMandatory Settlement ConferenceWorkers' Compensation Appeals Board
References
0
Case No. OAK 301894 OAK 314306
Regular
Oct 11, 2007

ROXANNE HENDRIX vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED SERVICES

This case concerns an employee terminated due to exhausting paid leave after an industrial injury, which she alleged was discriminatory under Labor Code section 132a. The Board denied reconsideration, finding the employer acted in accordance with Education Code section 45192. This specific education code provision, which mandates placing employees who exhaust leave on a reemployment list, supersedes the general anti-discrimination provisions of section 132a in this context.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationindustrial injurycustodianterminationpaid leavetemporary disabilityreemployment listEducation Code section 45192
References
6
Case No. GRO 0030299 GRO 0033215 GRO 0034583
Regular
Jan 24, 2008

DEBRA A. FLORES vs. FACTORY 2 U STORES, INC.; ROYAL SUN & ALLIANCE, Adjusted by INTEGRATED INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the WCJ erred in applying the *Wilkinson* doctrine for combining permanent disability awards in successive injury cases. The Board rescinded the previous award, remanding the case for further development of the record and reanalysis under the *Benson* en banc decision. This decision clarifies that *Benson* mandates apportionment based on causation, effectively superseding the *Wilkinson* rule for cases decided after SB 899.

SB 899Wilkinson doctrineBenson v. The Permanente Medical Groupapportionmentcausationsuccessive injuriespermanent disabilityindustrial injuryretail storesupervisor
References
10
Case No. ADJ6465894
Regular
Jan 12, 2012

HERMELINDA YBARRA vs. SAN BENITO HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This denial was based on the Judge's report and the defendant's failure to fairly state all material facts, violating WCAB Rule 10842(a). Specifically, the defendant misrepresented Dr. Graubard's findings regarding the applicant's bilateral knee injury and the basis for his opinion. The Board found that Dr. Graubard's reports and deposition testimony supported the injury, and that his opinion was not solely reliant on Dr. Trieb's superseded findings.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ Report AdoptedWCAB Rule 10842(a)Misstatement of FactsDr. Graubard ReportCumulative InjuryBilateral KneesInjury Date March 201995
References
0
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