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

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 The Board rescinded the prior decision due to the arbitrator's failure to adequately document the proceedings and admitted exhibits as required by law.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
6
Case No. ADJ10447649
Regular
Jan 16, 2018

ALI KENDRICK vs. HOLOGIC, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AND ITS PROPERTY CASUALTY AFFILIATES AND SUBSIDIARIES

The defendant, Travelers Property Casualty Company of America, sought reconsideration of an award based on stipulated facts. They argued that a mutual mistake occurred regarding the date of injury, leading to an overpayment of permanent disability benefits. The Board dismissed the Petition for Reconsideration, finding the petition should be treated as a petition to set aside the award at the trial level. The WCJ will now conduct proceedings to determine if good cause exists to rescind or amend the award due to a mutual mistake of fact.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalStipulations with Request for AwardMutual Mistake of FactIndustrial InjuryBilateral ElbowsBilateral WristsPermanent DisabilityIndemnity
References
7
Case No. ADJ6987253 ADJ5768983
Regular
Nov 22, 2019

MICHAEL PARKER vs. TRI-CITY MEDICAL CENTER, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves petitions for reconsideration by Tri-City Medical Center and Travelers Property Casualty Company of America regarding an award for a January 7, 2008 injury. Tri-City sought to implead Travelers for contribution, arguing the 2004 injury contributed to the award. The Board denied reconsideration, finding contribution issues between separate injury dates are not subject to mandatory arbitration under LC 5500.5. The Board also upheld the WCJ's use of mandated commutation tables for attorney fees and found Travelers was not prejudiced by the decision concerning only the 2008 injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent Total DisabilityJoint and Several LiabilityReimbursementCommutationAttorney's FeesLife Expectancy DataMRSA Infection
References
1
Case No. MISSING
Regular Panel Decision

Romano v. Whitehall Properties

An employee of Sorbara Construction Company was injured at a construction site owned by Whitehall Properties, LLC. The employee received workers' compensation benefits from Travelers Indemnity Insurance Company of America, Sorbara's carrier. The employee also filed a negligence action against Whitehall and the general contractor, Kreisler Borg Florman General Construction Co., Inc. This negligence action was settled, with Travelers contributing under a general liability policy. Whitehall and Kreisler appealed a Supreme Court order denying their motion to extinguish Travelers' workers' compensation lien against the settlement. The appellate court affirmed, ruling that the anti-subrogation rule did not apply because Travelers' workers' compensation obligation arose from a separate policy issued to Sorbara, not the general liability policy covering Whitehall and Kreisler, thus allowing Travelers to assert its lien.

Workers' Compensation LienAnti-Subrogation RuleGeneral Liability PolicyPersonal Injury DamagesConstruction AccidentEmployer NegligenceInsurance CarrierSettlement AgreementAppellate DecisionThird-Party Action
References
6
Case No. ADJ10015666, ADJ12280547
Regular
Oct 31, 2025

YGNACIO PONCE vs. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, EARTHBOUND FARMS

Applicant Ygnacio Ponce sought reconsideration of Findings and Orders issued on July 19, 2021, which found that he did not sustain injury to several body parts and was not entitled to additional QME panels for internal medicine and psychology. Ponce specifically contended the workers' compensation administrative law judge (WCJ) erred in denying a QME to determine if he sustained a psyche injury. The Workers' Compensation Appeals Board affirmed the F&O, concluding there was no substantial evidence to support causation for the alleged psyche injury and that the applicant failed to demonstrate due diligence in seeking a QME panel within the mandated discovery period.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersMaterial HandlerRight Shoulder InjuryPermanent StationaryNew and Further DisabilityQualified Medical Evaluator (QME)Petition to ReopenPsyche Injury
References
2
Case No. ADJ463252 (VNO 0529697) ADJ240577 (VNO 0529698)
Regular
Sep 21, 2012

SHARON MARR vs. JBL PRO MANUFACTURING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Sharon Marr's petition for removal against JBL Pro Manufacturing and Travelers Property Casualty Company of America. The dismissal was primarily based on the petition not being timely-filed. Even if it had been timely, the Board would have denied the petition on its merits, adopting the reasons stated by the administrative law judge.

Petition for RemovalTimely-filedWCJ ReportDismissedWorkers' Compensation Appeals BoardADJ463252ADJ240577JBL PRO MANUFACTURINGTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAFrank M. Brass
References
0
Case No. ADJ6974731
Regular
Jul 24, 2015

MARIA LUISA LOPEZ vs. SEPHORA, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves Maria Luisa Lopez and her employer Sephora, with Travelers Property Casualty Company of America. The Workers' Compensation Appeals Board (WCAB) dismissed Lopez's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the 25-day statutory limit after the administrative law judge's decision. The WCAB stressed that timely filing requires actual receipt by the WCAB, not just mailing. Therefore, the Board lacked jurisdiction to consider the merits of the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingDismissalLabor CodeCalifornia Code of RegulationsJurisdictional Time LimitWCJ DecisionService by MailProof of Filing
References
4
Case No. ADJ10884813
Regular
Feb 18, 2025

ALICIA RODRIGUEZ vs. DYNAMIC EDGE CONSULTING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Alicia Rodriguez, applicant, suffered a brain injury during employment with Dynamic Edge Consulting, insured by Travelers Property Casualty Company of America. The initial WCJ decision found the defendant liable for 24-hour home health care due to a failure in timely utilization review of Dr. Roger Bertoldi's prescription, which incorporated Sue Coleman's evaluation. Defendant petitioned for reconsideration, arguing the prescription was non-compliant and their duty was investigative, not to submit to UR. The Appeals Board granted the petition, deferring a final decision for further review and encouraging mediation.

Workers Compensation Appeals BoardDynamic Edge ConsultingTravelers Property Casualty Company of AmericaPetition for ReconsiderationFindings and AwardAOE/COEBrain Injury24-Hour Home Health CareUtilization ReviewDr. Roger Bertoldi
References
27
Case No. ADJ8922906
Regular
Sep 08, 2015

ROBERT PAVLOVICH (Decedent), LORRAINE PAVLOVICH (Widow) vs. MWH CONSTRUCTORS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed petitions for reconsideration and denied petitions for removal filed by defendants MWH Constructors and Travelers Property Casualty Company of America. The WCAB found that the petitions sought review of an interlocutory procedural or evidentiary decision, which is not a final order appealable for reconsideration. Furthermore, the WCAB determined that the petitioners failed to demonstrate the extraordinary circumstances required for removal, such as substantial prejudice or irreparable harm. The WCAB adopted the reasoning of the administrative law judge's report in its entirety.

Petitions for ReconsiderationPetitions for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural OrderEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
6
Case No. MISSING
Regular Panel Decision

Vigilant Insurance Co. v. Travelers Property Casualty Co. of America

The case concerns a coverage lawsuit for equitable subrogation between Vigilant Insurance Co. (Plaintiff) and Travelers Property Casualty Company of America (Defendant). Vigilant sought to recover $650,000 it contributed to a $5.3 million settlement in an underlying personal injury case, arguing Travelers improperly refused to acknowledge priority of coverage. Travelers countered that Vigilant's payment was voluntary and the settlement unreasonable. The Court granted Vigilant's motion in part, finding its payment was not voluntary and was an obligation for which Vigilant was not primarily liable. However, the Court denied summary judgment on the reasonableness of the settlement, citing a genuine dispute of material fact and scheduling a trial for this issue.

Equitable SubrogationInsurance CoverageVoluntary Payment DoctrineSummary JudgmentPersonal Injury SettlementNew York Labor LawIndemnificationExcess InsurancePrimary InsuranceDeclaratory Judgment
References
51
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