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

Case No. ADJ11391724, ADJ11391757
Regular
Oct 03, 2019

PABLO LOPEZ DURAN vs. SOUTH HILLS ACADEMY, CHURCH MUTUAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, CRESCENT HOTELS & RESORTS, LLC, CHUBB INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This Workers' Compensation Appeals Board case involves applicant Pablo Lopez Duran and multiple defendants including South Hills Academy, Church Mutual Insurance Company, Security National Insurance Company, Crescent Hotels & Resorts, LLC, and Chubb Insurance Group. The Board granted a petition for reconsideration and affirmed a prior order regarding sanctions and costs. Specifically, Chubb Insurance Group, administered by Gallagher Bassett Services, Inc., was ordered to pay an additional $395 for attorneys' fees related to a petition for fees, less any credit for prior payments.

WORKERS' COMPENSATION APPEALS BOARDSOUTH HILLS ACADEMYCHURCH MUTUAL INSURANCE COMPANYSECURITY NATIONAL INSURANCE COMPANYAMTRUST NORTH AMERICACRESCENT HOTELS & RESORTSLLCCHUBB INSURANCE GROUPGALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ8400861
Regular
Aug 12, 2013

MAURICIO RUIZ vs. MOBIL STATION, TOWER NATIONAL INSURANCE as administered by TOWER GROUP COMPANIES

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's Petition for Reconsideration in the case of Ruiz v. Mobil Station. This decision allows the Board further time to thoroughly review the factual and legal issues presented. Reconsideration is granted to ensure a comprehensive understanding of the record for a just and reasoned decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners' office and are not to be submitted to district offices or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationADJ8400861Opinion and OrderTower National InsuranceTower Group CompaniesAnaheim District OfficeElectronic Adjudication Management SystemOffice of the Commissioners
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. ADJ6991535
Regular
Dec 24, 2013

SILVER HERNANDEZ vs. QUALITY CAR CONNECTION, INC., PRESERVER INSURANCE COMPANY, administered by TOWER GROUP COMPANIES (formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA)

This is a final order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration. The WCAB adopted the findings of the administrative law judge, finding no basis to overturn the original decision. The specific details of the original decision are not provided in this excerpt, but the petition for reconsideration by the applicant, Silver Hernandez, was unsuccessful. Therefore, the defendants, Quality Car Connection, Inc. and its insurer, remain the prevailing parties regarding the WCAB's denial of the petition.

Petition for ReconsiderationAdministrative Law Judge ReportDeny ReconsiderationWorkers' Compensation Appeals BoardQuality Car ConnectionPreserver Insurance CompanyTower Group CompaniesSpecialty Underwriters Alliance/SUAADJ6991535Los Angeles District Office
References
Case No. ADJ7518237; ADJ7518238
Regular
Nov 28, 2011

MARCELA ACOSTA vs. FLOYD'S 99 BARBERSHOP, STAR INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case and issued a notice of intent to sanction attorney Daniel V. Anaya $500.00 for unspecified reasons. No objection was filed by Anaya, and the $500.00 sanction was subsequently paid. The WCAB confirms the sanction and acknowledges the payment has been transmitted to the General Fund.

RemovalSanctionsWorkers' Compensation Appeals BoardDaniel V. AnayaFloyd's 99 BarbershopStar Insurance CompanyTower Select Insurance CompanyIllinois Midwest Insurance CompanyGeneral FundBradford & Barthel
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ7495216 ADJ7495729 ADJ7497171
Regular
Sep 11, 2013

FRANK ALLEN vs. ATLAS TRANSFER AND STORAGE COMPANY, REDWOOD FIRE & CASUALTY INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

Defendants sought reconsideration of an award finding Frank Allen an employee entitled to temporary disability and medical treatment. They argued Allen was an independent contractor, and that temporary disability should be limited to 104 weeks due to insufficient evidence of chronic lung disease. The Appeals Board granted reconsideration, amended the temporary disability finding, and affirmed the award otherwise, returning the case to the trial level.

WORKERS' COMPENSATION APPEALS BOARDATLAS TRANSFER AND STORAGE COMPANYREDWOOD FIRE & CASUALTY INSURANCESTAR INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESMEADOWBROOK INSURANCE GROUPFRANK ALLENPetition for ReconsiderationFirst Amended Joint Findings of FactAward & Orders
References
Case No. ADJ7311200
Regular
Aug 03, 2017

SEAN HARRIS vs. COAST CRANE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, THUNDER MACHINE WORKS, AIX INSURANCE COMPANY, AEROTEK, ALLEGIS GROUP INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns a petition for reconsideration by defendant Wausau regarding an arbitrator's findings that applicant sustained industrial injury to his pulmonary system and upper extremities during a cumulative period. Wausau argued the claim was time-barred and that liability for upper extremity injury was improper. The Board denied Wausau's petition, finding Wausau failed to meet its burden of proof on the statute of limitations defense. The Board also determined that applicant properly amended his claim for upper extremities and that apportionment of liability based on days worked was appropriate.

Workers' Compensation Appeals BoardCoast Crane CompanyEmployers Insurance of WausauThunder Machine WorksAIX Insurance CompanyAerotekAllegis Group Insurance Companycumulative injurypulmonary systemupper extremities
References
Case No. ADJ12345287
Regular
Jun 17, 2025

TOMAS OSORIO vs. MISSION RUBBER COMPANY LLC, PERSONNEL STAFFING GROUP aka RITE STAFF, INC., KALIFORNIA BUSINESS STAFFING LLC, INSURANCE COMPANY OF THE WEST

The Petition for Removal of the decision issued on April 30, 2025 has been withdrawn by petitioner. Therefore, it will be dismissed.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ12345287Mission Rubber CompanyPersonnel Staffing GroupRite StaffXL Insurance CompanyGallagher Bassett
References
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
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