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

Case No. ADJ8002816, ADJ8316468
Regular
Oct 05, 2016

LORENZO TOSCANO CORONA vs. KOOSHAREM, doing business as SELECT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ULLICO CASUALTY INSURANCE COMPANY, ACE AMERICAN INSURANCE COMPANY, RSI HOME PRODUCTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over workers' compensation coverage where applicant Lorenzo Toscano Corona was injured, allegedly while employed through a staff leasing arrangement between Koosharem (Select Staffing) and RSI Home Products. The Appeals Board granted reconsideration to address arguments by ACE American Insurance Company and Travelers Property Casualty Company that their policies excluded coverage for the applicant. The Board rescinded the prior decision due to the arbitrator's failure to adequately document the proceedings and admitted exhibits as required by law. The matter is returned to the arbitrator to create a proper record and evaluate whether ACE and Travelers' policies contained valid exclusions for the applicant's injuries, considering relevant insurance code provisions and endorsements.

Staff leasingGeneral employerSpecial employerJoint and several liabilityOther insuranceInsurance Code section 1063.1(c)(9)Hold harmless clauseWCAB Rule 10566Hamilton v. Lockheed Corp.Labor Code section 3602(d)
References
6
Case No. MISSING
Regular Panel Decision

Underpinning & Foundation Skanska, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff Underpinning & Foundation Skanska, Inc. sued Defendant Travelers Casualty & Surety Company of America for payment under a Payment Bond for construction work. Underpinning sought $1,117,050.00 from Travelers, Urban's surety, after Urban failed to pay. Travelers claimed set-offs totaling $1,151,761.00 due to alleged delays caused by Underpinning. Underpinning moved for partial summary judgment, challenging specific set-offs. The court granted Underpinning's motion in part, disallowing Travelers' set-offs for $38,199.78 in extended field overhead and $126,000.00 in additional foundation work costs due to lack of competent proof and inconsistencies. However, the court denied Underpinning's motion to disallow $249,166.00 in HRH backcharges, finding a factual question remained regarding whether Urban's payment to the Owner for these charges was voluntary or necessary to protect its economic interests. Consequently, Underpinning was awarded a minimum recovery of $184,488.78 plus prejudgment interest.

ConstructionPayment BondSubcontractorGeneral ContractorSuretySet-offSummary JudgmentDelay DamagesEvidenceNew York Law
References
42
Case No. MISSING
Regular Panel Decision

Vigilant Insurance Co. v. Travelers Property Casualty Co. of America

The case concerns a coverage lawsuit for equitable subrogation between Vigilant Insurance Co. (Plaintiff) and Travelers Property Casualty Company of America (Defendant). Vigilant sought to recover $650,000 it contributed to a $5.3 million settlement in an underlying personal injury case, arguing Travelers improperly refused to acknowledge priority of coverage. Travelers countered that Vigilant's payment was voluntary and the settlement unreasonable. The Court granted Vigilant's motion in part, finding its payment was not voluntary and was an obligation for which Vigilant was not primarily liable. However, the Court denied summary judgment on the reasonableness of the settlement, citing a genuine dispute of material fact and scheduling a trial for this issue.

Equitable SubrogationInsurance CoverageVoluntary Payment DoctrineSummary JudgmentPersonal Injury SettlementNew York Labor LawIndemnificationExcess InsurancePrimary InsuranceDeclaratory Judgment
References
51
Case No. ADJ6987253 ADJ5768983
Regular
Nov 22, 2019

MICHAEL PARKER vs. TRI-CITY MEDICAL CENTER, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves petitions for reconsideration by Tri-City Medical Center and Travelers Property Casualty Company of America regarding an award for a January 7, 2008 injury. Tri-City sought to implead Travelers for contribution, arguing the 2004 injury contributed to the award. The Board denied reconsideration, finding contribution issues between separate injury dates are not subject to mandatory arbitration under LC 5500.5. The Board also upheld the WCJ's use of mandated commutation tables for attorney fees and found Travelers was not prejudiced by the decision concerning only the 2008 injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent Total DisabilityJoint and Several LiabilityReimbursementCommutationAttorney's FeesLife Expectancy DataMRSA Infection
References
1
Case No. GRO 27301, GRO 28637
Regular
Feb 11, 2008

HERMAN DENNLER vs. TIMEC CO., INC., ST. PAUL TRAVELERS, OPEN WAVES SYSTEMS, LUMBERMAN'S MUTUAL CASUALTY COMPANY

This Workers' Compensation Appeals Board opinion corrects a clerical error in a previous decision, specifically removing the incorrect statement that St. Paul Travelers was adjusted by Broadspire. The case involves two injuries sustained by Herman Dennler in 2002, with awards of permanent disability indemnity and future medical treatment granted against Timec Co., Inc. (insured by St. Paul Travelers) and Open Wave Systems (insured by Lumberman's Mutual Casualty Company). The correction clarifies that St. Paul Travelers was the insurance carrier for Timec Co., Inc. and was not adjusted by Broadspire.

Workers' Compensation Appeals Boardclerical errorreconsiderationaward correctionpermanent partial disabilitytemporary disability indemnitymedical treatmentattorney's feeslienTimec Co.
References
0
Case No. ADJ10447649
Regular
Jan 16, 2018

ALI KENDRICK vs. HOLOGIC, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA AND ITS PROPERTY CASUALTY AFFILIATES AND SUBSIDIARIES

The defendant, Travelers Property Casualty Company of America, sought reconsideration of an award based on stipulated facts. They argued that a mutual mistake occurred regarding the date of injury, leading to an overpayment of permanent disability benefits. The Board dismissed the Petition for Reconsideration, finding the petition should be treated as a petition to set aside the award at the trial level. The WCJ will now conduct proceedings to determine if good cause exists to rescind or amend the award due to a mutual mistake of fact.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalStipulations with Request for AwardMutual Mistake of FactIndustrial InjuryBilateral ElbowsBilateral WristsPermanent DisabilityIndemnity
References
7
Case No. ADJ505656 (OAK 0287878)
Regular
Mar 13, 2009

LAURA EVERHART vs. DSL PRINTING, INC., TRAVELERS PROPERTY CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing $2,500 in sanctions against Travelers Property Casualty Company. The Board found that Travelers' insistence on including hold-harmless language in a settlement agreement, even after the judge indicated it would not be approved, did not constitute bad faith. The WCJ overstepped his authority by attempting to dictate settlement terms before an agreement was finalized.

Workers' Compensation Appeals BoardRemovalReconsiderationSanctionsLabor Code section 5813Compromise and Release AgreementBad Faith ConductMedicare Set-AsideHold-Harmless LanguageWCJ
References
0
Case No. MISSING
Regular Panel Decision

Cephalon, Inc. v. Travelers Companies, Inc.

Plaintiff Cephalon, Inc. initiated a declaratory judgment action against The Travelers Companies, Inc. and its four subsidiaries in the Southern District of New York. Cephalon sought a declaration that its off-label promotion of the drug Actiq did not violate the FDCA and caused no injury to Travelers. This suit was filed after Travelers, a workers' compensation insurer, sent pre-suit settlement demands to Cephalon, accusing it of causing damages through off-label drug promotion. Travelers moved to dismiss or transfer the case. The court granted Travelers' motion to dismiss, ruling that Cephalon's declaratory action was improperly anticipatory, having been filed in direct response to Travelers' specific threat of litigation and impending deadlines.

Declaratory JudgmentImproperly AnticipatoryFirst-Filed RuleMotion to DismissFederal Rule of Civil Procedure 12(b)(6)Off-Label Drug PromotionFood, Drug and Cosmetics ActInsurance DisputeWorkers' CompensationForum Selection
References
19
Case No. ADJ10015666, ADJ12280547
Regular
Oct 31, 2025

YGNACIO PONCE vs. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, EARTHBOUND FARMS

Applicant Ygnacio Ponce sought reconsideration of Findings and Orders issued on July 19, 2021, which found that he did not sustain injury to several body parts and was not entitled to additional QME panels for internal medicine and psychology. Ponce specifically contended the workers' compensation administrative law judge (WCJ) erred in denying a QME to determine if he sustained a psyche injury. The Workers' Compensation Appeals Board affirmed the F&O, concluding there was no substantial evidence to support causation for the alleged psyche injury and that the applicant failed to demonstrate due diligence in seeking a QME panel within the mandated discovery period.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersMaterial HandlerRight Shoulder InjuryPermanent StationaryNew and Further DisabilityQualified Medical Evaluator (QME)Petition to ReopenPsyche Injury
References
2
Case No. MISSING
Regular Panel Decision

Travelers Insurance v. Nory Construction Co.

Plaintiff Travelers Insurance Company initiated a subrogation action against Nory Construction Co., Inc. to recover over $3.5 million paid to satisfy a judgment against its insured, the State of New York, following a construction accident. Travelers sought common-law indemnification, arguing Nory was entirely at fault, including amounts paid beyond its policy limits. Nory countered that Travelers could not recover voluntary payments, and the claim was barred by the antisubrogation rule and untimely disclaimer. The court denied Travelers' motion for summary judgment due to insufficient evidence regarding Nory's sole fault. Ultimately, the court granted Nory's motion for summary judgment, concluding that Travelers' overpayment, made without legal compulsion or Nory's request, constituted a voluntary payment and was therefore not recoverable under equitable subrogation principles.

SubrogationIndemnificationInsurance Policy LimitsAntisubrogation RuleVoluntary Payment DoctrineSummary Judgment MotionConstruction LawWorkers' Compensation InsuranceCommercial General LiabilityUmbrella Policy
References
48
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