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

Case No. ADJ162357 (MON 0314940)
Regular
May 21, 2012

Timothy Martin vs. Viking Roofing Service, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) denied Timothy Martin's Petition for Removal in the case against Viking Roofing Service and State Compensation Insurance Fund. The WCAB adopted the reasoning from the administrative law judge's report, finding the judge's actions were proper under Labor Code section 5700. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardViking Roofing ServiceState Compensation Insurance FundWCJ ReportLabor Code section 5700denial of removalTimothy MartinADJ162357Marina del Rey District Office
References
Case No. ADJ9338501
Regular
Nov 17, 2017

MARTIN TORRES vs. LORAL LANDSCAPING, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Martin Torres v. Loral Landscaping, Inc. However, the petitioner subsequently withdrew their Petition for Reconsideration. Consequently, the WCAB vacated its order granting reconsideration and dismissed the petition.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationVacatedDismissedLoral LandscapingSecurity National Insurance CompanyAmtrust North AmericaMartin TorresADJ9338501
References
Case No. ADJ9771745, ADJ9547788, ADJ9805683
Regular
Dec 07, 2016

MARTIN TORTOLEDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied Martin Tortoledo's petition for reconsideration. The Board adopted the Workers' Compensation Judge's (WCJ) findings, giving great weight to the WCJ's credibility determination after observing the witness. No substantial evidence warranted rejecting the WCJ's credibility assessment. Additionally, the Board noted that a single physician's opinion can constitute substantial evidence, even if it conflicts with other medical opinions.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJcredibility determinationsubstantial evidencephysician's opinionGarzaPlaceBARRETT BUSINESS SERVICESPermissibly Self-Insured
References
Case No. ADJ7874883
Regular
Apr 10, 2013

ENRIQUE ESPINOZA vs. MARTIN PROPERTIES, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed Enrique Espinoza's Petition for Reconsideration against Martin Properties and Sedgwick Claims Management Services. The dismissal was primarily due to the petition not being timely filed. Even if it had been timely, the Board would have denied it on the merits, adopting the reasoning of the administrative law judge. Therefore, the petition is dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalTimely FiledWCJ ReportAdministrative Law JudgeSedgwick Claims Management ServicesMartin PropertiesEnrique EspinozaAnaheim District Office
References
Case No. ADJ7994981
Regular
Feb 19, 2013

Timothy Sabedra vs. Magic Messenger, Inc., Gallagher Bassett Services

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior decision, finding the applicant, Timothy Sabedra, was an employee of Magic Messenger, Inc. The Board found that despite a transportation agreement designating Sabedra as an independent contractor, Magic Messenger exercised sufficient control over his work. Key factors included the provision of employee handbooks, mandated uniforms, start times, and dispatch radio use, all indicating an employer-employee relationship.

WORKERS COMPENSATION APPEALS BOARDIndependent ContractorEmployee StatusRight to Control TestBorello TestTruck DriverMagic Messenger Inc.Gallagher Bassett ServicesTimothy SabedraLabor Code Section 3351
References
Case No. ADJ101014 (AHM 0144142)
Regular
Feb 18, 2010

MARTIN GOMEZ vs. DIVERSIFIED INDUSTRIES SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by applicant Martin Gomez regarding his workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration, affirming the original decision but amending specific findings. The primary amendment reduced the applicant's permanent disability from 23% to 22%, entitling him to 85.5 weeks of indemnity totaling $19,665.00. Additionally, the apportionment of low back disability and the reasonable value of applicant's attorney fees were clarified.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPERMANENT DISABILITYAPPORTIONMENTDISABILITY INDEMNITYATTORNEY'S FEESFINDINGS OF FACTAWARDDIVERSIFIED INDUSTRIES SERVICESSTATE COMPENSATION INSURANCE FUND
References
Case No. ADJ4482163 (VNO 0264880)
Regular
Apr 05, 2010

CHARLES THOMPSON vs. LOCKHEED MARTIN, Employers Mutual of Wausau Insurance Company

The Workers' Compensation Appeals Board granted Wausau's petition for reconsideration to correct a coverage date error, finding Wausau's insurance coverage ended before the applicant's last year of injurious exposure. Consequently, Wausau was dismissed as a party defendant, and Lockheed Martin, self-insured and administered by Helmsman, was found solely liable for benefits. Helmsman's petition for reconsideration was denied due to its inadequacy and failure to comply with procedural rules. The original award of 83% permanent disability and need for future medical care was otherwise affirmed.

Workers' Compensation Appeals BoardLockheed MartinHelmsman Management ServicesEmployers Mutual of Wausau Insurance Companyindustrial injurypsychelungsneurologic systemcognitive dysfunctionpermanent disability
References
Case No. SBR 0283205, SBR 0267402
Regular
Dec 11, 2007

PHILLIP F. GARCIA vs. LOCKHEED MARTIN AIRCRAFT SERVICES, Permissibly Self-Insured, ESIS, TRAVELERS INSURANCE (ADM./ADJ. AGT.)

The Workers' Compensation Appeals Board granted reconsideration of an award for total permanent disability, which combined the effects of a 1995 shoulder/arm/hand injury and a 1998 bilateral shoulder/upper extremity injury. The defendant, Lockheed Martin, argued that separate awards were required as the injuries became permanent and stationary at different times and affected different body parts. The Board rescinded the award and returned the case to the trial level to await a forthcoming en banc decision on the applicability of the Wilkinson doctrine regarding combined permanent disability awards.

Workers' Compensation Appeals BoardLockheed Martin Aircraft ServicesPermissibly Self-InsuredESISTravelers InsurancePhillip F. GarciaFurther Supplemental Findings and AwardTotally Permanently Disabled1995 injury1998 injury
References
Case No. ADJ3857650 (FRE 0236521)
Regular
Oct 07, 2009

TIMOTHY REVIOUS vs. KINGS COUNTY

Reconsideration granted; affirmed award for TDI and permanent disability with amendments for credit for applicant's earnings during disability and correction of the weekly permanent disability indemnity rate.

Workers' Compensation Appeals BoardTimothy ReviousKings Countydeputy sheriffindustrial injuryhipsright kneestatute of limitationstemporary disability indemnitypermanent disability
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
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