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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2497883 (SFO 0450940) ADJ3261393 (SFO 0504693)
Regular
Apr 30, 2010

JANETTE HARDIN vs. COUNTY OF ALAMEDA, SEDGWICK CLAIMS MANAGEMENT SERVICES, CHARTIS INSURANCE, TRISTAR RISK MANAGEMENT

This case involves Chartis Insurance seeking reconsideration of an arbitrator's decision setting the date of cumulative trauma injury for Janette Hardin's breast cancer as May 28, 1997, not the previously stipulated date of May 16, 2001. Chartis argued the stipulated date was res judicata and could not be altered, especially in a contribution proceeding. The Workers' Compensation Appeals Board denied the petition, affirming that contribution proceedings allow for a relitigation of liability and the determination of the true date of injury based on facts, not prior stipulations between the applicant and one defendant. The Board reasoned that findings of liability in the primary case are not binding in supplemental contribution proceedings.

Cumulative traumaDate of injuryContribution proceedingsRes judicataStipulated awardLabor Code section 5500.5Apportionment of liabilityCase-in-chiefSupplemental proceedingsGreenwald v. Carey Distribution Company
References
Case No. ADJ2582500 (SAL 077867)
Regular
Jul 26, 2010

TONY BLANDINO vs. UNITED WASTE SYSTEMS, INC., NATIONAL UNION FIRE INSURANCE COMPANY/AIG (CHARTIS), LIBERTY INSURANCE CORPORATION (LIBERTY MUTUAL)

The Appeals Board granted reconsideration and rescinded the arbitrator's prior decision. The arbitrator erred by preventing Liberty Insurance Company from presenting new evidence regarding its liability and by deeming himself bound by a previous WCJ's decision. The matter is returned to the arbitrator for an independent evidentiary hearing and a de novo decision, as supplemental contribution proceedings allow non-elected defendants to fully litigate their liability.

Workers' Compensation Appeals BoardReconsiderationArbitratorFindings Award and OrdersProrata ShareContribution ProceedingsLabor Code § 5500.5Cumulative InjuryAOE/COESupplemental Proceedings
References
Case No. ADJ8917396
Regular
Mar 24, 2016

Eric Mulhern vs. Oakland Housing Authority (OHA), Athens Administrators, City of Hayward, JT2 Integrated

The Oakland Housing Authority (OHA) sought removal of a workers' compensation case after the judge limited its discovery by excluding a medical report obtained post-applicant's election to proceed against a co-defendant. OHA argued this prejudiced its ability to contest the date of injury, a critical issue since its potential liability could be outside the identified period. The Appeals Board denied OHA's petition, finding no extraordinary circumstances or irreparable harm, as Labor Code section 5500.5 preserves OHA's rights in supplemental proceedings. A dissenting commissioner argued the election was premature given the disputed date of injury, which significantly prejudiced OHA.

Petition for RemovalLabor Code section 5310Interim OrderDiscovery RightsCo-defendant ElectionDate of InjuryCumulative TraumaPrejudiceIrreparable HarmSupplemental Proceedings
References
Case No. MON 284627
Regular
Aug 11, 2008

BEVERLY DE ROSA vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board granted reconsideration to review a sanctions order against the defendant for alleged willful failure to comply with a prior order. The defendant's claims adjuster asserted they had provided the required earnings information within the deadline, which conflicted with the initial finding of non-compliance. The Board rescinded the sanctions and returned the case for further proceedings to determine whether the defendant actually complied with the order.

Workers' Compensation Appeals BoardBeverly De RosaState Compensation Insurance FundLabor Code section 5813willful failure to complySupplemental Findings and Order Imposing Sanctionsapplicant's earningscervical spinepsychestipulated Findings and Award
References
Case No. ADJ4100246 (LAO 0801805)
Regular
Aug 19, 2011

VALERIE AYERS vs. LOS ANGELES DEPARTMENT OF WATER AND POWER, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level for further proceedings. This action allows for Dr. Reynolds, the Agreed Medical Evaluator, to review additional evidence including trial testimony and air quality reports. Dr. Reynolds will issue a supplemental report, followed by a deposition and submission of previous reports into evidence.

Workers' Compensation Appeals BoardAgreed Medical EvaluatorIndustrial HygienistAir QualitySupplemental ReportTrial TestimonyDepositionReconsiderationRescinded DecisionFurther Proceedings
References
Case No. ADJ4100246
Regular
Sep 06, 2011

VALERIE AYERS vs. LOS ANGELES DEPARTMENT OF WATER AND POWER

This case involves Valerie Ayers claiming industrial injury due to mold exposure. The Appeals Board granted reconsideration, rescinded the initial decision, and returned the matter for further proceedings. Specifically, the Agreed Medical Evaluator, Dr. Reynolds, must review industrial hygienist testimony and air quality reports, issue a supplemental report, and allow for depositions and the submission of prior reports into evidence. The Board also granted removal on its own motion to consider the defendant's response regarding procedural points.

Workers' Compensation Appeals BoardReconsiderationAgreed Medical EvaluatorIndustrial HygienistAir QualityMold ExposureTrial TestimonySupplemental ReportDepositionRemoval
References
Case No. SAC 0339541
Regular
Oct 17, 2007

HOPE HAYES vs. GOTTSCHALK'S, INC., THE HARTFORD, SPECIALTY RISK SERVICES

This case involved a dispute over contribution between insurance carriers for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the initial petition for joinder did not timely "institute proceedings" for contribution under Labor Code § 5500.5. Consequently, the WCAB held that the claim for contribution against The Hartford was barred due to untimeliness.

Petition for RemovalPetition for ReconsiderationLabor Code Section 5500.5Institution of ProceedingsThreshold IssueContributionJoinder of Party DefendantClerical ErrorStipulations with Compromise and ReleaseCumulative Trauma Injury
References
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
Case No. ADJ10786752
Regular
Jun 18, 2018

Marco Urbina vs. Taylor Walk, Inc., Pacific Compensation Insurance Company, Republic Underwriters Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company. The WCAB found that the Order Denying Petition for Joinder was not a final order, thus dismissing the petition for reconsideration. The Board determined that Pacific Compensation Insurance Company was prejudiced by the denial, as it prevented them from pursuing contribution from Republic. The case was returned to the trial level for further proceedings consistent with the WCAB's decision.

Petition for ReconsiderationPetition for RemovalPetition for JoinderCompromise and ReleaseLabor Code Section 5500.5Supplemental ProceedingsContribution ProceedingsDue ProcessCumulative Trauma InjuryDiscovery Rights
References
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