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

Case No. ADJ1505960 (RDG 0127227)
Regular
May 29, 2009

JOSEPH RHOADS vs. WESTERN READY MIX, INC.; and TRAVELERS PROPERTY \& CASUALTY

This case involves a petition for reconsideration filed by defendant Western Ready Mix, Inc., and its insurer, Travelers Property & Casualty, regarding a March 12, 2009 decision. The Workers' Compensation Appeals Board has granted this petition for reconsideration. This action is necessary to allow the Board further time to thoroughly review the factual and legal issues presented. The Board intends to issue a just and reasoned decision after a complete understanding of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsOfficial Address Record
References
Case No. ADJ3225136 (OAK 0345446)
Regular
Aug 28, 2012

MICHAEL GIAMMONA vs. FISHER DEVELOPMENT AND TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves defendant Travelers Property and Casualty's repeated attempts to disqualify a Qualified Medical Examiner (PQME) due to alleged conflicts of interest and the PQME's review of a prior PQME's report. The Appeals Board dismissed the defendant's petition for reconsideration, as the underlying order was an interim procedural matter, not a final decision. The Board also denied the petition for removal, finding it was inappropriately filed for the same reasons previously addressed in a prior ruling. The Board admonished the defendant for ignoring prior guidance on the proper procedural avenues.

Petition for ReconsiderationPetition for RemovalPanel Qualified Medical ExaminerPQME conflict of interestRule 41.5 disqualificationinterim procedural orderfinal ordermedical-legal discoveryworkers' compensation benefitsOakland District Office
References
Case No. ADJ7964733
Regular
May 29, 2018

JOSE LUIS MASTACHE vs. STAFFCHEX, INC., JESSIE LORD BAKERY; CALIFORNIA GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY in Liquidation through its servicing facility SEDGWICK CMS; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where CIGA seeks reconsideration of a prior decision. The core dispute centers on whether a Travelers insurance policy issued to Jessie Lord Bakery excludes coverage for special employees leased from Staffchex. The Appeals Board granted reconsideration, rescinded the prior decision, and found that the Travelers policy provided coverage, reasoning that the exclusion endorsement was invalid as it lacked the required written affirmation by the policyholder. Furthermore, the Board clarified that general and special employers remain jointly and severally liable for workers' compensation benefits, irrespective of agreements between them.

CIGAStaffchexJessie Lord BakeryTravelers Property Casualty CompanyUllico Casualty CompanySpecial EmployeeGeneral EmployerJoint and Several LiabilityLabor Code Section 3602(d)Limiting Endorsement
References
Case No. ADJ7341449
Regular
Oct 01, 2012

CINTHIA QUINTANILLA vs. RITE AID, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) denied Cinthia Quintanilla's petition for reconsideration in the case against Rite Aid and Travelers Property Casualty Company. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave them great weight, particularly regarding credibility. This order upholds the WCJ's original decision without further elaboration.

QuintanillaRite AidTravelers Property Casualty CompanyADJ7341449Reconsideration DeniedWCJ ReportCredibility FindingGarza v. WCABWorkers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ463252 (VNO 0529697) ADJ240577 (VNO 0529698)
Regular
Sep 21, 2012

SHARON MARR vs. JBL PRO MANUFACTURING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Sharon Marr's petition for removal against JBL Pro Manufacturing and Travelers Property Casualty Company of America. The dismissal was primarily based on the petition not being timely-filed. Even if it had been timely, the Board would have denied the petition on its merits, adopting the reasons stated by the administrative law judge.

Petition for RemovalTimely-filedWCJ ReportDismissedWorkers' Compensation Appeals BoardADJ463252ADJ240577JBL PRO MANUFACTURINGTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAFrank M. Brass
References
Case No. ADJ10884813
Regular
Feb 18, 2025

ALICIA RODRIGUEZ vs. DYNAMIC EDGE CONSULTING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Alicia Rodriguez, applicant, suffered a brain injury during employment with Dynamic Edge Consulting, insured by Travelers Property Casualty Company of America. The initial WCJ decision found the defendant liable for 24-hour home health care due to a failure in timely utilization review of Dr. Roger Bertoldi's prescription, which incorporated Sue Coleman's evaluation. Defendant petitioned for reconsideration, arguing the prescription was non-compliant and their duty was investigative, not to submit to UR. The Appeals Board granted the petition, deferring a final decision for further review and encouraging mediation.

Workers Compensation Appeals BoardDynamic Edge ConsultingTravelers Property Casualty Company of AmericaPetition for ReconsiderationFindings and AwardAOE/COEBrain Injury24-Hour Home Health CareUtilization ReviewDr. Roger Bertoldi
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. 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. 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
Case No. ADJ1504736 (RDG 094722) ADJ2325354 (RDG 0122147)
Regular
Jun 30, 2011

CYNTHIA CADLE vs. CHICO CREEK HEALTH CARE, CONTINENTAL CASUALTY COMPANY, CNA CLAIMS PLUS, FREMONT MEMORIAL HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

In Case ADJ1504736, the Board granted reconsideration, finding applicant sustained industrial injury to her right knee as a compensable consequence of her left knee injury from February 2, 2000, remanding for determination of benefits. In Case ADJ2325354, the Board denied reconsideration and removal, affirming the WCJ's findings regarding injury on May 19, 2005, including the 18% permanent disability award and apportionment of benefits. The Board found applicant waived arguments regarding new discovery and the *Almaraz/Guzman* standard by failing to raise them timely. The WCJ's apportionment of permanent disability for the 2005 injury was upheld based on medical reports and deposition testimony.

Workers' Compensation Appeals BoardCynthia CadleChico Creek Health CareContinental Casualty CompanyCNA Claims PlusFremont Memorial HospitalTravelers Property Casualty Company of AmericaPetition for ReconsiderationPetition for RemovalJoint Findings Award and Order
References
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