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

Case No. ADJ7437756
Regular
Mar 23, 2012

Antonio Parvool vs. TONY'S FOOD SERVICE, TRAVELERS INDEMNITY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, finding that applicant Antonio Parvool sustained an industrial injury while employed as a chef's assistant and traveling for his employer. The Board overturned the original finding that the applicant's dive into a pool at an employer-provided hotel was not work-related, applying the "commercial traveler rule." This rule presumes an employee is acting within the scope of employment during business travel, including activities reasonably necessary for comfort. The Board clarified that Labor Code section 3600(a)(9) regarding recreational activities does not apply to commercial travelers.

Commercial traveler ruleIndustrial injuryCourse of employmentReconsiderationFindings and OrdersLabor Code section 3600(a)(9)Reasonable expectancyImpliedly requiredWCJOff-duty recreational activity
References
Case No. SBR 0332348
Regular
Dec 07, 2007

WILLIAM VOGT vs. HERNANDEZ, KROONE & ASSOCIATES, TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the initial denial of benefits, and found that the applicant sustained industrial injury. The Board determined that the applicant, a civil engineer who was provided a vehicle and paid for travel time, was acting within the course and scope of employment at the time of his vehicle collision, despite being found traveling in the opposite direction of his commute. The case was returned to the trial level for further proceedings.

Workers Compensation Appeals BoardIndustrial InjuryMotor Vehicle CollisionCourse of EmploymentGoing and Coming RuleMaterial DeviationEmployer Provided VehiclePaid Travel TimePreponderance of EvidencePetition for Reconsideration
References
Case No. VNO 0413681, VNO 0469245
Regular
Mar 24, 2008

JANET ANN SAMBAR vs. SANTA CLARITA HEALTH CARE ASSOCIATES dba HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Travelers Insurance Company's petition for reconsideration, reversing its prior decision that held Travelers liable for a portion of applicant's cumulative trauma injury. The Board determined that Travelers' prior stipulation was not binding in the contribution arbitration with CIGA, as CIGA was not a party to that stipulation. The Board reinstated the Arbitrator's finding that applicant's date of injury was August 14, 2000, during the coverage period of Superior National Insurance Company, and that no injurious exposure occurred while Travelers was the insurer.

Workers' Compensation Appeals BoardCumulative TraumaLabor Code $\S$ 5500.5Insurance Guarantee Association (CIGA)Superior National Insurance CompanyTravelers Insurance CompanyPetition for ContributionStipulationArbitrationDate of Injury
References
Case No. ADJ621008 (MON 0291717)
Regular
Sep 05, 2012

WILLIAM KEY vs. PRODUCTION PROCESSING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, LEGION INSURANCE COMPANY, STONE STANLEY PRODUCTIONS, ST. PAUL TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where the California Insurance Guarantee Association (CIGA), covering Legion Insurance, seeks reconsideration of an arbitrator's award. The arbitrator found both CIGA and Travelers, insurer for the special employer, jointly liable for the applicant's injury and ordered Travelers to reimburse CIGA for all benefits paid since Legion's liquidation. CIGA contested being required to continue administering medical treatment and the denial of pre-judgment interest from Travelers. The Board granted reconsideration to amend the award, ordering Travelers to administer future medical treatment, but affirmed the denial of pre-judgment interest to CIGA.

CIGALegion InsuranceProduction ProcessingStone Stanley ProductionsSt. Paul TravelersWilliam Keyindustrial injurylow backliquidationother insurance
References
Case No. ADJ7949522
Regular
Jul 28, 2016

JORGE INZUNZA vs. CAAMACOSTA, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; ACE INSURANCE COMPANY

Travelers sought reconsideration of a WCAB arbitrator's order denying its contribution claim against ACE. The arbitrator discovered a clerical error regarding ACE's coverage and issued an amended order correcting it. The WCAB dismissed Travelers' petition because the amended order resolved the issue, rendering Travelers not aggrieved. Therefore, Travelers' petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderContribution claimCumulative traumaClerical errorAmended Findings and OrderAggrieved partyLabor Code § 5900Dismissed Petition
References
Case No. ADJ10857121
Regular
Sep 13, 2022

GEORGE ZEBER vs. NEW YORK YANKEES, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant George Zeber's claim against the New York Yankees and Travelers Indemnity Company. The Board amended the prior decision to defer the issue of insurance coverage to mandatory arbitration. Findings were amended to reflect that Travelers Indemnity Company insured the employer from April 5, 1976, to April 5, 1977, and the award was clarified to be against Travelers for future medical treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationInsurance CoverageMandatory ArbitrationCumulative Trauma PeriodMedical TreatmentMedical Record DevelopmentStatute of LimitationsPermanent DisabilityUSF&G
References
Case No. ADJ3292672
Regular
Nov 08, 2012

SUSAN VIRDIER vs. CONCENTRA MANAGED CARE, ATLANTIC MUTUAL INSURANCE COMPANY (in liquidation), CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, TRAVELERS INDEMNITY INSURANCE COMPANY

This case concerns Travelers Indemnity Insurance Company's petition for reconsideration regarding its liability for applicant Susan Verdier's medical treatment. Travelers argued it should not be responsible for medical care in ADJ4661775, as it did not insure the employer at the time of the specific left wrist injury in ADJ3701452, and the cumulative trauma injury in ADJ4661775 involved different body parts. The Board denied the petition, holding that medical treatment expenses are not apportionable and that Travelers' coverage for the cumulative trauma period constitutes "other insurance" when the primary insurer is insolvent. The Board found no medical evidence distinguishing the need for treatment between the upper extremities and the wrist, thus upholding the finding that Travelers is available coverage for the award.

Workers Compensation Appeals BoardConcentra Managed CareAtlantic Mutual Insurance CompanyCalifornia Insurance Guarantee AssociationTravelers Indemnity Insurance CompanyreconsiderationFindings and Ordersother coveragemedical treatmentcumulative trauma
References
Case No. VNO 380127
Regular
Jul 19, 2007

HERLINDA ROJAS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the issue of Travelers Insurance Company's liability for contributions towards applicant Herlinda Rojas' cumulative trauma injury. The Board found no error in the original order joining Travelers as a party defendant, recognizing LACMTA's right to seek contribution for benefits paid. Ultimately, the Board rescinded the previous Findings of Fact and returned the case for further proceedings to determine Travelers' potential contribution.

Workers' Compensation Appeals BoardLACMTATravelers Insurance Companycumulative traumaequitable estoppelres judicatacollateral estoppeljoindercontributionpermanent disability
References
Case No. ADJ2828753 (MON 0248336) ADJ1706360 (MON 0247675)
Regular
Jun 19, 2012

MICHAEL LEZINE vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, THE TRAVELERS INSURANCE COMPANY, CONSTITUTION STATE SERVICE COMPANY

This case involves Travelers Insurance seeking reconsideration of two separate Workers' Compensation Appeals Board (WCAB) findings. The WCJ initially found applicant sustained industrial injuries resulting in permanent disability and need for medical treatment. However, the WCJ later rescinded the decision for one case (ADJ2828753) and Travelers withdrew its petition for the other (ADJ1706360). Consequently, as there are no outstanding issues for reconsideration, the WCAB dismissed Travelers' Petition for Reconsideration.

Workers' Compensation Appeals BoardMichael LezineLos Angeles County Metropolitan Transportation AuthorityTravelers Insurance CompanyConstitution State Service CompanyADJ2828753ADJ1706360cumulative injuryhypertensionpermanent disability
References
Case No. GRO 0034768
Regular
Mar 07, 2008

JESSICA SMITH vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, TRAVELERS INSURANCE COMPANY

This Workers' Compensation Appeals Board case, Jessica Smith v. Rite Aid Corporation, involves an order dismissing a petition for removal. The petitioner voluntarily withdrew their petition for removal. Consequently, the Board has dismissed the petition, rendering it ineffective and requiring no further action.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardRite Aid CorporationTravelers Property Casualty Company of AmericaTravelers Insurance CompanyGRO 0034768Frank M. BrassRick Dietrich
References
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