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

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 The Appeals Board granted reconsideration, rescinded the prior decision, and found that the Travelers policy provided coverage, reasoning that the exclusion endorsement was invalid as it lacked the required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. 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. ADJ2307991 (VNO 0427797) (MF) ADJ3536405 (VNO 0336819) ADJ487962 (VNO 0533632)
Regular
Jun 14, 2018

JACQUELINE AUSTIN vs. FIRST FOURSQUARE CHURCH OF VAN NUYS, GUIDE ONE MUTUAL INSURANCE COMPANY, FREMONT, CIGA, CYPRESS INSURANCE COMPANY, FOREST LAWN MEMORIAL PARK, SAFECO INSURANCE, TRAVELERS PROPERTY CASUALTY COMPANY

This case involves an applicant who sustained two separate cumulative trauma injuries to her neck, back, and gastrointestinal system, including GERD and fibromyalgia. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant suffered distinct industrial injuries during employment with First Foursquare Church (insured by Cypress) and Forest Lawn Memorial Park (insured by Travelers). Defendant Cypress contested the dating of the injury and the finding of two separate cumulative trauma periods, while Travelers challenged the sufficiency of medical evidence for one injury. The WCAB found Cypress waived the issue of one versus two cumulative trauma injuries by failing to raise it timely. Ultimately, the WCAB adopted the WCJ's findings, confirming the two separate cumulative trauma periods and the respective carrier liabilities.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaDate of InjuryLabor Code Section 5412Labor Code Section 5500.5Findings of FactAward and OrderAdministrative Law JudgeCypress Insurance Company
References
Case No. ADJ10838822
Regular
Jan 03, 2020

ERNESTO NORIEGA vs. ROYAL CABINETS, TRAVELERS PROPERTY CASUALTY COMPANY, INSURANCE COMPANY OF THE WEST, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Ernesto Noriega's petition for reconsideration. The Board found that the medical opinions of Drs. Levine and Harris were not substantial evidence. These opinions failed to adequately support a finding of injury arising out of and occurring in the course of employment due to being based on incorrect facts, history, or legal theories. Therefore, the prior decision stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeSubstantial EvidenceMedical OpinionAOE/COEInjuryRoyal CabinetsTravelers Property Casualty CompanyInsurance Company of the West
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
Case No. ADJ168046 (AHM 0151884)
Regular
Jun 13, 2012

LUIS RAFAEL CHERO vs. TROPITONE FURNITURE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This Workers' Compensation Appeals Board case, involving Luis Rafael Cherro and Tropitone Furniture Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration, which had challenged a March 27, 2012 decision. The Board issued an order to this effect on June 13, 2012.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardTravelers Property Casualty Company of AmericaTropitone Furniture CompanyLuis Rafael CherDecision March 27 2012Order DismissingSan Francisco California
References
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