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

Case No. ADJ11914879
Regular
Sep 26, 2022

DELFINA REYES CENDEJAS vs. NOVA CONTAINER FREIGHT STATION, BARONHR, PRAETORIAN INSURANCE COMPANY, QBE AMERICA, INC.

Trion Solutions sought reconsideration of an approved Compromise and Release (C&R) that dismissed them from the case. The Board dismissed Trion's petition because they were not aggrieved, as the C&R explicitly released them from the action without any payment obligation. The Board also noted that their prior decision had already rescinded the findings Trion claimed were harmed. Therefore, Trion's petition was deemed to lack statutory merit, and they were admonished for potentially frivolous conduct.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseFindings of Fact and Opinion on DecisionSpecial EmployerTrion SolutionsBaronHRPraetorian Insurance CompanyQBE AmericaNova Container Freight Station
References
Case No. ADJ6775950
Regular
Jun 22, 2017

MARTIN MENDOZA vs. W&M TEXTILE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by lien claimant Physician Funding Solutions, LLC. The Board rescinded the prior order dismissing the lien of Physician Funding Rancho Cucamonga and Rx Funding Solutions Rancho Cucamonga. The WCJ's report, which was adopted by the Board, provided the reasoning for this decision. This order reinstates the dismissed liens.

Physician Funding SolutionsLLCRx Funding SolutionsLLCPetition for ReconsiderationOrder Dismissing LienWorkers' Compensation Appeals BoardWCJ ReportGrant ReconsiderationRescind Order
References
Case No. ADJ10954204
Regular
Sep 15, 2022

MARIA FLORES vs. PINNACLE HEALTH CORP., SUMMARY OF EVIDENCE INSURANCE COMPANY OF THE WEST, AFFINITY HOME HEALTH CARE SERVICES, FALLS LAKE FIRE & CASUALTY INSURANCE, SEDGWICK CMS, HOME HEALTH CARE SOLUTIONS, INC.

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Home Health Care Solutions. The applicant, an LVN, was injured in a car accident while traveling between patients for multiple agencies. The Board adopted the WCJ's report, which found the injury arose out of and occurred in the course of employment for Home Health Care Solutions. This decision was based on the fact that the applicant was required to use her own vehicle, which extended the employer-employee relationship beyond direct service. The WCJ also found the going and coming rule did not bar the claim due to the required use of transportation between patient locations.

Workers' Compensation Appeals BoardPetition for ReconsiderationGoing and Coming RuleAOE/COELVNCar AccidentAutomobile ExceptionTransitEmployment RelationshipRequired Vehicle Use
References
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
Case No. ADJ11756653
Regular
Apr 08, 2020

EUGENIO ABAC vs. CITISTAFF SOLUTIONS, INC.; OLD REPUBLIC c/o GALLAGHER BASSETT

This case, concerning Eugenio Abac and his employer Citistaff Solutions, Inc., has been decided by the Workers' Compensation Appeals Board (WCAB) after reconsideration. The WCAB affirmed the February 11, 2020 Findings of Fact, adopting and incorporating the reasoning of the workers' compensation administrative law judge. This means the original decision regarding Mr. Abac's workers' compensation claim remains in effect.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings of FactAdministrative Law JudgeWCJCitistaff SolutionsOld RepublicGallagher BassettADJ11756653
References
Case No. ADJ2857080 (LBO 0314435)
Regular
Apr 08, 2014

Susan North vs. Staff Pay Agency, Sedgwick, California Insurance Guarantee Association

This case involves a lien claimant, Rehab Solutions, whose claim for $5,046.50 was disallowed due to failure to prove the reasonableness of charges. The Workers' Compensation Appeals Board (WCAB) granted reconsideration but ultimately affirmed the decision that Rehab Solutions would take nothing on its lien claim. The WCAB agreed with the finding that Rehab Solutions and its representative engaged in frivolous conduct by insisting on trial without probative evidence. Sanctions were considered, with Rehab Solutions and its representative potentially liable for $2,500, but the findings regarding sanctions were ordered to be placed within the Notice of Intention to Impose Sanctions rather than the main Findings of Fact.

Lien claimantRehab SolutionsPetition for ReconsiderationFindings and OrdersEvidentiary RulingNotice of Intention to Impose Sanctionsindustrial injurylow backlower extremityleft side of body
References
Case No. ADJ8238066, ADJ10006514
Regular
Oct 03, 2016

JUAN REYES vs. NEW SOLUTIONS, LLC, FIRSTCOMP, A DIVISION OF MARKET SERVICE, INCORPORATED, d/b/a MARKEL INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) has dismissed a Petition for Removal filed by New Solutions, LLC and its insurer, FirstComp. The petitioner voluntarily withdrew the petition. Therefore, the WCAB has formally ordered the dismissal of the removal request.

Petition for RemovalWithdrawn PetitionWorkers' Compensation Appeals BoardDismissalADJ8238066ADJ10006514New Solutions LLCFirstcompMarkel Insurance ServicesLong Beach District Office
References
Case No. ADJ9909898, ADJ9939118, ADJ9953997
Regular
Jan 10, 2017

VICTOR FORWARD vs. CREATIVE CONSTRUCTION SOLUTIONS, INC./ACE PROPERTY AND CASUALTY INSURANCE CO. as administered by ESIS

This case involves a Petition for Removal by Victor Forward concerning multiple workers' compensation claims against Creative Construction Solutions, Inc. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that removal is an extraordinary remedy. The applicant failed to demonstrate substantial prejudice or irreparable harm, nor did they show that reconsideration would be inadequate. Therefore, the WCAB adopted the WCJ's report and denied the removal request.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAppeals BoardDeniedCalifornia Workers' Compensation
References
Case No. ADJ10454739
Regular
Jan 07, 2020

Antonio Santelices vs. Baron HR, LLC, Bison Workforce Solutions, Inc., State Compensation Insurance Fund, Public Investment Corp., Insurance Company of the West

This case concerns a workers' compensation claim where the applicant alleged injury while employed by Baron HR, LLC, who sent him to work for Pacific Coast Warehouse. The arbitrator found Baron HR to be the general employer and Pacific Coast Warehouse the special employer, and importantly, that Bison Workforce Solutions (BWS) was the employer for insurance purposes, making its insurer, SCIF, liable. SCIF petitions for reconsideration, arguing BWS and Bison Data Systems are distinct and BWS was insured by Hartford, not SCIF, and challenging the arbitrator's evidentiary findings. The Board rescinded the arbitrator's decision, remanding for further proceedings to clarify the employment and insurance coverage relationships, especially concerning BWS's role as a Professional Employer Organization and compliance with PEO insurance regulations.

Workers' Compensation Appeals BoardAntonio SantelicesBaron HR LLCBison Workforce SolutionsState Compensation Insurance Fundgeneral employerspecial employeremployee leasingProfessional Employer OrganizationPEO
References
Case No. ADJ6888509 ADJ6888503
Regular
Jun 26, 2014

REYNA OLIVAR vs. EZ PAYROLL STAFFING SOLUTIONS, GALLAGHER BASSETT ORANGE

This Workers' Compensation Appeals Board case, concerning Reyna Olivar and defendants EZ Payroll Staffing Solutions and Gallagher Bassett, involved a petition for reconsideration. The petitioner has formally withdrawn their petition for reconsideration of the October 18, 2013 decision. Consequently, the Board has dismissed the petition.

Petition for ReconsiderationDismissedWithdrawnApplicantDefendantsWorkers' Compensation Appeals BoardOpinion and OrderLong Beach District OfficeOctober 18 2013June 26 2014
References
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