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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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. 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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7437726
Regular
Sep 26, 2012

DAVON GUIDRY vs. HIGHLAND PALMS, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This Workers' Compensation Appeals Board case, involving Davon Guidry against Highland Palms and Travelers Indemnity Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration. The original decision, which the petition sought to review, was issued on July 16, 2012. The order of dismissal was filed and served on September 26, 2012.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ7437726Marguerite SweeneyHighland PalmsTravelers Indemnity CompanyDavon GuidryScoll & Associates
References
Case No. ADJ7712702
Regular
Jul 22, 2013

MICHAEL BOOKER vs. ATLANTA FALCONS, TENNESSEE TITANS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an administrative law judge's dismissal of the Tennessee Titans and their insurer, Travelers, with prejudice. The WCAB rescinded the dismissal order, finding that dismissal with prejudice may improperly bar future indemnity claims between employers and potentially conflict with the applicant's right to join necessary parties. Furthermore, dismissing Travelers with prejudice could negatively impact the applicant. The case is returned for further proceedings to ensure the applicant's entitlement to benefits is determined first.

Workers' Compensation Appeals BoardReconsiderationOrder of Dismissal With PrejudiceRetraxitIndemnity RightsCross-complaintSupplemental ProceedingsLabor Code Section 5500.5(b)Joining PartiesManzano v. Flavurence Corp.
References
Case No. ADJ1508875 (SAL 0120616) ADJ10261915 ADJ7549983
Regular
Oct 31, 2019

DERREL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., d.b.a ENSTAR ADMINISTRATORS, SEABRIGHT INSURANCE COMPANY, O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY of CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This case involved a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision that inadvertently awarded a second Labor Code section 4658(d) increase. The defendant requested a correction, which the WCAB granted. The WCAB has the authority to correct clerical errors at any time. Therefore, the September 16, 2019 decision was affirmed but amended to remove the erroneous second increase, clarifying the permanent disability indemnity awarded.

Workers' Compensation Appeals BoardPetition for ReconsiderationClerical ErrorLabor Code section 4658(d)Permanent disability indemnityAttorney feesSeabright Insurance CompanyTravelers Indemnity CompanyState Compensation Insurance FundCritchfield Mechanical
References
Case No. ADJ2342591 (SDO 0296648)
Regular
Dec 14, 2015

CONNA BEYD vs. CASE GROUP ARCHITECTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for AMERICAN MOTORISTS INSURANCE COMPANY, In Liquidation, By Its Servicing Facility BROADSPIRE; TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case involves a petition for reconsideration filed by the defendant in a workers' compensation matter. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow for further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and facilitate a just decision. All future communications regarding the petition must be filed directly with the WCAB Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmerican Motorists Insurance CompanyCalifornia Insurance Guarantee AssociationBroadspireTravelers Indemnity Company of ConnecticutElectronic Adjudication Management SystemEAMSWCJDecision After Reconsideration
References
Case No. ADJ25889773 (SRO 0125150) ADJ2310836 (SRO 0125151) ADJ 4628741 (SRO 0127006)
Regular
Nov 24, 2008

JOSE SANCHEZ vs. AMY'S KITCHEN, ZURICH NORTH AMERICA, SECURITY INSURANCE, COMPANY OF HARTFORD SUCCESSOR TO CONNECTICUT INDEMNITY, Adjusted by CAMBRIDGE AND MAJESTIC INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a dispute over the distribution of $75,000 in attorney's fees awarded in a compromise and release agreement. The applicant's former counsel, Kneisler Law Firm, filed a lien for fees, but the original approval order did not specify how these fees would be divided with the applicant's current counsel. The Board granted reconsideration to amend the order, clarifying that the prior attorney's lien shall be paid out of the $75,000 award, with the exact amount to be adjusted by the parties. Jurisdiction is reserved for further proceedings if the parties cannot agree on the division.

Workers' Compensation Appeals BoardAmy's KitchenZurich North AmericaSecurity Insurance Company of HartfordConnecticut IndemnityCambridge Insurance CompanyMajestic Insurance CompanyPetition for ReconsiderationCompromise and ReleaseAttorneys' Fees
References
Case No. ADJ6814425
Regular
Apr 23, 2012

JIMMY WILLIAMS vs. SAN FRANCISCO 49ers; TIG INSURANCE COMPANY Administered By RISK ENTERPRISE MANAGEMENT LIMITED; SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY THE TRAVELERS INDEMNITY COMPANY; BERKELEY SPECIALTY UNDERWRITING MANAGERS, LLC; NEW ORLEANS SAINTS; LOUISIANA WORKERS' COMPENSATION CORPORATION; SEATTLE SEAHAWKS; PSI; HOUSTON TEXANS; BERKELEY SPECIALTY UNDERWRITING MANAGERS, LLC.

In this Workers' Compensation Appeals Board case, applicant Jimmy Williams' Petition for Removal has been denied. The order signifies the Board's decision not to further review or remove the case from its current proceedings. The specific grounds for denial are not detailed in this excerpt. The decision was issued by the Workers' Compensation Appeals Board on April 23, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardSan Francisco 49ersTIG Insurance CompanyRisk Enterprise Management LimitedGulf Insurance CompanyThe Travelers Indemnity CompanyBerkeley Specialty Underwriting Managers LLCNew Orleans SaintsLouisiana Workers' Compensation Corporation
References
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