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Case Law Database

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

Case No. ADJ4222164 (VNO 0413943)
Regular
Jun 08, 2010

JOHN PIERRE vs. THE BOEING COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied John Pierre's Petition for Reconsideration against The Boeing Company. The Board adopted the reasoning of the workers' compensation administrative law judge's report. No specific details of the underlying claim or the judge's reasoning are provided in this order. This order officially denies the petition.

WORKERS' COMPENSATION APPEALS BOARDJOHN PIERRETHE BOEING COMPANYINSURANCE COMPANY OF THE STATE OF PENNSYLVANIAAIG CLAIMS SERVICESINC.ADJ4222164VNO 0413943ORDER DENYING RECONSIDERATIONPetition for Reconsideration
References
Case No. ADJ3453347 (MON 0360440)
Regular
Apr 01, 2015

ARSHED QAZI vs. THE BOEING COMPANY, ACE AMERICAN INSURANCE COMPANY

This case concerns Arshed Qazi's claim for 100% permanent disability due to an industrial injury sustained in 2005. The defendant, Boeing Company, sought reconsideration of the initial award, arguing the applicant failed to adequately rebut the permanent disability rating schedule. The appeals board rescinded the award and returned the case to the trial level for further proceedings. Issues to be addressed include whether the vocational expert's opinion considered non-industrial factors and developed the applicant's retirement circumstances and job market search limitations appropriately.

Arshed QaziThe Boeing CompanyACE AMERICAN INSURANCE COMPANYOgilvie v. Workers' Comp. Appeals Bd.total permanent disabilitypermanent disability rating schedulevocational expertAgreed Medical Examinersapportionmentnon-industrial factors
References
Case No. MON 299474 MON 299475 MON 299476
Regular
Jun 07, 2007

JEANINE BRINKER vs. THE BOEING COMPANY, BROADSPIRE, Third Party Administrator For ACE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed The Boeing Company and Broadspire/ACE's petition for removal because it was filed three days late. The petition sought to rescind a prior order that had returned the case to the trial level for further proceedings regarding a lien claimant. Even if considered on its merits, the petition would have been denied due to a lack of demonstrated significant prejudice or irreparable harm.

Petition for removalOpinion and OrderWorkers' Compensation Appeals Boarduntimely petitionWCAB Rule 10843(b)Code of Civil Procedure section 1013(a)lien claimantSB Surgery CenterreconsiderationFindings and Award
References
Case No. FRE 186612
Regular
Mar 26, 2008

, Jose Maravilla, vs. , JOSE AND FLORENCIA ALVERNAZ and CIGA, by CAMBRIDGE INTERGRATE SERVICES for FREMONT INSURANCE COMPANY, in liquidation; LIBERTY MUTUAL INSURANCE COMPANY; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS

This case involves Liberty Mutual/Golden Eagle Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma injury to both knees. The WCAB denied reconsideration, finding the Statute of Limitations defense was waived and that the *Benson* case regarding allocation of disability cause was not applicable as there was only one industrial injury. The WCAB adopted the WCJ's report in its entirety for its denial.

Workers' Compensation Appeals BoardJose MaravillaJose and Florencia AlvernaCIGAFremont Insurance CompanyLiberty Mutual Insurance CompanyCalifornia Indemnity Insurance CompanyGAB RobinsFRE 186612Opinion and Order Denying Petition for Reconsideration
References
Case No. ADJ4141364 (MON 0148578) ADJ1953565 (MON 0155282) ADJ773621 (MON 0199028)
Regular
Jun 01, 2009

Deborah Gross (Butler) vs. MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, The Boeing Company c/o AIG Claims Services

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the judge's findings on three industrial injuries to her neck, shoulder, and back. The Board dismissed "The Boeing Company's" petition for reconsideration because it was unverified and because Boeing was not currently a party aggrieved by an award. The applicant's arguments regarding simultaneous permanency, disability reduction, and the application of medical opinions were rejected. The Board adopted the judge's report and reasoning in its decision.

Workers' Compensation Appeals BoardMcDonnell DouglasCIGAFremont Industrial IndemnityDeborah GrossPetition for ReconsiderationFindings and AwardsPermanent DisabilityCumulative TraumaBenson v. WCAB
References
Case No. ADJ9090850
Regular
Jun 28, 2017

VINCE FERRAGAMO vs. ST. LOUIS RAMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY, in liquidation, HOME INSURANCE COMPANY, in liquidation, BUFFALO BILLS, INC., GREEN BAY PACKERS, NORTHWESTERN NATIONAL INSURANCE COMPANY merged with HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardVince FerragamoSt. Louis RamsFremont Indemnity CompanyHome Insurance CompanyBuffalo BillsGreen Bay PackersNorthwestern National Insurance CompanyHighlands Insurance Companycumulative trauma
References
Case No. ADJ18217235; ADJ18217236
Regular
Apr 29, 2025

Crispin Bermudez vs. Elkhorn Packing Company, LLC; Zenith Insurance Company

The Workers' Compensation Appeals Board addressed a petition for reconsideration filed by Zenith Insurance Company challenging an arbitrator's finding that applicant Crispin Bermudez was covered by a workers' compensation policy despite signing a waiver. The Board granted the petition, rescinded the arbitrator's decision, and issued a new decision. It found that as a managing member of a limited liability company, Bermudez had executed a valid written waiver of his workers' compensation rights under Labor Code sections 3351(f) and 3352(a)(17). Consequently, the applicant was deemed excluded from the definition of an employee and thus not entitled to workers' compensation coverage.

Workers' CompensationManaging MemberWaiver of CoverageLabor Code Section 3352(a)(17)Conclusive PresumptionIndustrial InjuryPetition for ReconsiderationArbitrator's DecisionRescinded DecisionLimited Liability Company
References
Case No. ADJ7110663
Regular
May 09, 2016

WILLIAM BO MATTHEWS vs. SAN DIEGO CHARGERS, ZENITH INSURANCE COMPANY, NEW YORK GIANTS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, DENVER GOLD, THE NORTH RIVER INSURANCE COMPANY

This case involves a petition for reconsideration of an arbitrator's decision regarding workers' compensation liability for a professional football player's cumulative trauma injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified the arbitrator's award, finding the applicant sustained two separate cumulative trauma injuries due to distinct periods of employment exposure. Consequently, the WCAB ruled that the petitioner, Insurance Company of North America/ACE USA (ESIS), is not liable for contribution to another insurer, The North River Insurance Company (NRIC), which had mistakenly paid a portion of a settlement. The Board affirmed the finding of two injuries, citing a significant break in employment as creating separate compensable periods, but rescinded the award to NRIC, holding NRIC should recover nothing from ESIS.

WCABPetition for ReconsiderationArbitration DecisionContributionCumulative InjuryProfessional Football PlayerInsurance Company of North America/ACE USAZenith Insurance CompanyThe North River Insurance CompanyLabor Code Section 5500.5
References
Case No. ADJ2269333 (LAO 0800554) ADJ1939621 (LAO 0800552)
Regular
Jan 23, 2020

DEVILLE, DEE vs. BOEING COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) denied Dee Deville's petition to disqualify the administrative law judge (WCJ). Deville alleged bias and an inability to receive a fair trial without a new judge. The WCAB adopted the WCJ's recommendation, finding that the petition lacked specific facts to support the bias claim, adhering to precedent that mere conclusions are insufficient. Additionally, the WCAB admonished the applicant for improperly filing supplemental pleadings and redundant documents.

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law JudgeBiasFair OutcomeSupplemental PleadingsWCAB Rule 10964Report and RecommendationAdjudication FileWCAB Rule 10945(c)
References
Case No. ADJ4445992 (MON 0029719)\nADJ887768 (MON 0029718)
Regular
Mar 30, 2017

BERNARD BILLIK vs. HUGHES AIRCRAFT COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, WAUSAU INSURANCE COMPANY

The Court of Appeal ordered the Workers' Compensation Appeals Board (WCAB) to award applicant's attorney's fees for responding to a denied petition for writ of review. The applicant's counsel and the defendant's insurer subsequently stipulated to attorney's fees and costs totaling $6,492.50. The WCAB found this amount reasonable and issued an award for these fees and costs against Wausau Insurance Company, payable in addition to any compensation owed to the applicant.

Workers' Compensation Appeals BoardAttorney's FeesLabor Code § 5801Petition for Writ of ReviewRemandStipulationAppellate Attorney's FeesWausau Insurance CompanyHughes Aircraft CompanyLiberty Mutual Insurance Company
References
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