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

Case No. ADJ1303018 (ANA 0382837)
Regular
May 18, 2009

GEORGE T. JOHNSON vs. NEW JERSEY NETS, INA/ACE USA, SEATTLE SUPERSONICS, WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior ruling finding California had jurisdiction over Washington State Department of Labor & Industries (Washington L&I) in a claim by former NBA player George T. Johnson. The WCAB determined personal jurisdiction over Washington L&I was not established and that the issue is moot unless Washington L&I was duly authorized to provide workers' compensation insurance in California per Labor Code section 3700. The case is returned to the trial level to determine if the employer, Seattle Supersonics, was lawfully insured or self-insured in California during the alleged injury period, which could result in Seattle being held liable as an uninsured employer.

Workers' Compensation Appeals BoardWashington State Department of Labor & IndustriesSeattle Supersonicsjurisdictionsubject matter jurisdictionpersonal jurisdictioncumulative trauma injuryprofessional basketball playeruninsured employerduly authorized insurer
References
Case No. ADJ326102 (ANA 0396540)
Regular
Feb 19, 2013

CARL ROBERSON vs. COAST COMMUNITY COLLEGE DISTRICT, KEENAN \u0026 ASSOCIATES

The Appeals Board granted reconsideration of a prior order, rescinding the WCJ's decision and returning the case to the trial level. The Board found insufficient evidence to resolve the jurisdictional and contractual issues raised by the defendant regarding a lien for medical treatment. Further proceedings are necessary to determine jurisdiction, the validity of the contract, and the reasonable value of medical services. The Board also noted the need for clarification on the role of a third party mentioned by the lien claimant.

ReconsiderationFindings and OrderLabor Code section 4903.5chain of contractsexpress agreementsection 5304fee disputejurisdictionreasonable valuemedical treatment
References
Case No. ADJ7231165
Regular
Jun 18, 2013

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

The Workers' Compensation Appeals Board (WCAB) granted Pinnacol Assurance's petitions for removal, finding the threshold issue to be whether the WCAB has personal jurisdiction over Pinnacol. The WCAB rescinded the WCJ's order compelling arbitration of coverage issues. All seven cases are returned to the trial level for a determination of personal jurisdiction over Pinnacol. Further proceedings will depend on the outcome of that jurisdictional decision.

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance
References
Case No. ADJ4223927 (RIV 0082794)
Regular
Sep 28, 2009

JAMIE L. SPARKMAN vs. WALMART STORES, INC.

This case involves a dispute over attorney fees between former law partners, David Justin Lynch and Laura Diane Crowell, who represented the applicant. The Workers' Compensation Appeals Board (WCAB) granted Lynch's petition for removal, rescinding an order that had taken the matter off calendar pending a Superior Court ruling on fees. The WCAB clarified that the Appeals Board has exclusive jurisdiction over attorney fees as liens in workers' compensation cases. The matter is returned to the trial level for a hearing and decision on the attorney fee issue, and both attorneys are admonished for unprofessional conduct.

Petition for removalattorney feeslien claimantcompromise and releaseobjectionjurisdictionappeals boardtrial levelrescindedoff calendar
References
Case No. ADJ2778456 (RIV 0077428)
Regular
Nov 23, 2010

ANGELLA KEITT vs. AGUA CALIENTE CASINO, TRIBAL FIRST AFFINITY SAN DIEGO

The Appeals Board granted reconsideration and rescinded the prior award because the trial judge prematurely determined the casino, owned by a federally recognized Indian tribe, waived sovereign immunity. The Board needs to first determine if it has subject matter jurisdiction, and the casino must present evidence on this issue at the trial level. The casino improperly attached new evidence to its reconsideration petition. The case is returned to the trial level for further proceedings to properly address the jurisdictional question.

sovereign immunityTribal Gaming Compactsubject matter jurisdictionwaiverdiscovery orderfederally recognized Indian tribereconsiderationrescindedtrial levelAngella Keitt
References
Case No. ADJ7617012, ADJ8069518
Regular
Jan 08, 2016

MARIANA CASTRO vs. DENTAL MANAGEMENT SERVICE dba SA SOLEIMANI DENTAL CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a stipulation and order to pay a lien claimant. The defendant argued the judge lacked jurisdiction as the lien claimant had been previously dismissed for failing to appear at a conference. The Board found the judge acted in excess of jurisdiction by approving the order while the dismissal order was still in effect. Good cause existed to rescind the order because the lien claimant was properly dismissed and failed to seek rescission before appearing at trial.

Workers Compensation Appeals BoardLien Claimant DismissalPetition for ReconsiderationStipulation and OrderJurisdictionVoidable OrderGood CauseRescissionLabor CodeLien Conference
References
Case No. ADJ7041227
Regular
Aug 09, 2017

GERALD PADDIO vs. CLEVELAND CAVALIERS, SEATTLE SUPERSONICS, INDIANA PACERS, WASHINGTON BULLETS/WASHINGTON WIZARDS, TIG INSURANCE, NEW YORK KNICKERBOCKERS, CHICAGO ROCKERS, LAS VEGAS SLAM/ CHICAGO SKYLINERS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied Travelers Indemnity Company's petition for reconsideration, affirming its subject matter jurisdiction over applicant Gerald Paddio's cumulative injury claim. The Board found that Paddio's hiring as a professional basketball player in California, through his agent accepting an offer in San Francisco, established jurisdiction under Labor Code sections 3600.5(a) and 5305. The Board also noted that the issue of potential exemption from California law, raised by the defendant, was not ripe for appeal and must be addressed at the trial level. All other issues remain deferred for determination by a Workers' Compensation Judge.

Subject matter jurisdictionLabor Code section 3600.5Labor Code section 5305Contract of hireProfessional basketball playerCumulative industrial injuryPetition for reconsiderationDenial of petitionAdministrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ9660632
Regular
Feb 17, 2017

FRANCISCO SANCHEZ vs. MERCHANTS BUILDING MAINTENANCE dba GUARD SYSTEMS, INC., CLAIMQUEST, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order that dismissed the applicant's case. The WCJ had found the WCAB lacked jurisdiction due to an alternative dispute resolution (ADR) agreement and directed parties to present the jurisdiction issue to an arbitrator. However, the WCAB found the WCJ's dismissal order lacked reasoning and evidence, failing to comply with legal requirements for a decision. The case is returned to the trial level for further proceedings and a new decision, to determine jurisdiction and whether the applicant's case should be reopened before the WCAB.

Workers' Compensation Appeals BoardPetition for ReconsiderationAlternative Dispute ResolutionJurisdictionDismissalMinute OrderDeclaration of Readiness to ProceedPetition for DismissalLabor CodeThreshold Issues
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ6780734
Regular
Sep 08, 2011

Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

Writ of MandatePetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseFindings Award and OrderAdministrative Law JudgeAppeals BoardIndustrial InjuryPermanent DisabilityApportionment
References
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