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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. POM 248928
Significant
Mar 28, 2003

Mark Miceli, et al. vs. Jacuzzi, Inc., Remedy Temp, Inc., American Home Assurance Co., Reliance National Indemnity Co. (In Liquidation), California Insurance Guarantee Association

The Appeals Board affirmed that when a temporary staffing agency's insurer becomes insolvent, the special employer's insurance policy constitutes 'other insurance,' making that insurer liable for the injured temporary employee's claim and relieving the California Insurance Guarantee Association (CIGA) of responsibility.

Workers Compensation Appeals BoardEn BancGeneral EmployerSpecial EmployerTemporary Staffing AgencyAlternate Employer EndorsementInsolvencyCalifornia Insurance Guarantee Association (CIGA)Covered ClaimOther Insurance
References
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
Case No. ADJ3974600 (MON 0334960); ADJ4075150 (MON 0334961); ADJ277095 (MON 0358718)
Regular
Feb 17, 2009

GLADYS JIMENEZ vs. ROSS STAFFING, Dba ULTIMATE STAFFING; ZURICH AMERICA, Administered By NOVAPRO RISK SOLUTIONS

The Appeals Board granted reconsideration and amended the original award to correct clerical errors. Specifically, the temporary disability period was corrected to June 16, 2005, through June 20, 2005. The award was also clarified to reflect that the defendant is entitled to credit for attorney fees against permanent disability advances. Finally, the defendant was found not liable for medical-legal costs that did not comply with Labor Code sections 4061 and 4062.

Workers' Compensation Appeals BoardGladys JimenezRoss StaffingUltimate StaffingZurich AmericaNovapro Risk SolutionsADJ3974600ADJ4075150ADJ277095Opinion and Order Granting Reconsideration
References
Case No. SAC 0300070
Regular
Aug 28, 2007

HAROLD RANDALL vs. REMEDY INTELLIGENT STAFFING, C.I.G.A., INTERCARE INSURANCE SERVICES, RELIANCE NATIONAL INSURANCE, MCKESSON CORPORATION, OLD REPUBLIC INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the Administrative Law Judge erred in finding the applicant was not a special employee of McKesson Corporation. The Board found that McKesson exercised sufficient control and supervision over the applicant, who was provided by a temporary staffing agency, to establish a special employment relationship. The case is returned to the trial level for further proceedings and decision on all outstanding issues.

Special employmentDual employmentTemporary employment agencyControl and directionBorrowing employerGeneral employerIndustrial injuryPermanent disabilityQualified medical evaluatorReconsideration
References
Case No. SAC 0340252
Regular
Oct 24, 2007

ROY HOWARD vs. MERCER STAFFING, aka AMERICAN STAFF RESOURCES, CASCADE NATIONAL INSURANCE, in liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns whether temporary disability payments should extend indefinitely after an industrial back and shoulder injury. The Appeals Board determined that Labor Code section 4656(c)(1) limits aggregate temporary disability payments to 104 weeks within a two-year period from the *first payment* of temporary disability, not the date disability is owed. Therefore, the award was amended to terminate payments on January 28, 2007, the two-year anniversary of the initial payment.

Labor Code section 4656(c)(1)temporary disability indemnitydate of commencement of temporary disability payment104 compensable weeksaggregate disability paymentspetition for reconsiderationFindings and AwardWorkers' Compensation Appeals Boardindustrial injurytruck driver
References
Case No. ADJ7013922
Regular
Jun 29, 2010

MANUEL REYES vs. LF STAFFING SERVICES INCORPORATED, AIG administered by SPECIALTY RISK SERVICES

In this case, the Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision concerning applicant Manuel Reyes' industrial injury. While applicant's contentions regarding temporary disability and penalties were denied, the Board rescinded the entire decision to allow the WCJ to re-evaluate applicant's average weekly earnings. The Board found the current earnings calculation potentially flawed due to applicant's history as an intermittent temporary employee with irregular hours and varied pay rates. Further development of the record on earnings is required before a new, unified decision can be issued.

ADJ7013922LF STAFFING SERVICES INCORPORATEDAIGSPECIALTY RISK SERVICESindustrial injurythoracic spineaverage weekly earningstemporary disability indemnitymodified/alternative workLabor Code section 4650(d)
References
Case No. ADJ6668547
Regular
Mar 15, 2010

MARIA COVARRUBIAS vs. KELLY SERVICES, INC., ESIS

The Workers' Compensation Appeals Board granted reconsideration to applicant Maria Covarrubias. The Board rescinded the prior decision that barred her claim under Labor Code section 3600(a)(10) due to a post-termination filing defense. The Board found that the applicant, as a temporary agency employee, was not terminated or laid off prior to reporting her injury. Therefore, her claim is not barred, and the matter is returned for further proceedings on other issues.

Labor Code section 3600(a)(10)post-termination defensePetition for ReconsiderationFindings of Fact and Orderindustrial injuryneck and left shouldertemporary agencylayoffterminationactive employee
References
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