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Case Law Database

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

Case No. ADJ9076626
Regular
Jul 17, 2015

CIPRIANO NIETO ROJAS vs. METALS, U.S.A., INC.; ACE U.S.A., Administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a prior decision. This was done to allow the Board further opportunity to study the factual and legal issues presented. All future filings related to the petition for reconsideration must be submitted directly to the WCAB's Office of the Commissioners, not district offices or e-filed. This order ensures a thorough review for a just decision, and prohibits WCJs from acting on settlements while reconsideration is pending.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ9076626Metals U.S.A. Inc.Ace U.S.A.Gallagher Bassett Services Inc.Opinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
Case No. SAC 0056952
Regular
Mar 07, 2008

EDWIN D. REES vs. CHEVRON U.S.A., INC.

This Workers' Compensation Appeals Board case involves a petition for reconsideration filed by the defendant, Chevron U.S.A., Inc. The Board has granted this petition, not based on a final determination, but to allow further study of the factual and legal issues presented. This grants Chevron the opportunity for a more thorough review and potentially further proceedings to ensure a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesReconsideration UnitSelf-Insured DefendantEdwin D. ReesChevron U.S.A.
References
Case No. ADJ8657415
Regular
Oct 06, 2017

Oliver Boutte IV (Deceased) vs. U.S. XPRESS ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by U.S. Xpress Enterprises and Liberty Mutual Insurance Company. The defendants argued that the medical report relied upon by the Workers' Compensation Judge (WCJ) was not substantial evidence, specifically regarding the timing of the employee's death from a pulmonary embolus. The Board denied the petition, adopting the WCJ's report which found the physician's opinion to be substantial medical evidence based on adequate examination and reasoning. The Board concluded the WCJ properly found this opinion more persuasive than the opposing medical opinion.

Oliver Boutte IVU.S. Xpress EnterprisesLiberty Mutual Insurance CompanyADJ8657415Petition for ReconsiderationWorkers' Compensation Appeals Boardsubstantial evidencemedical opinionpulmonary embolusreasonable medical probability
References
Case No. ADJ1482040 (SFO 508301)
Regular
Jan 05, 2009

GEORGINA HENSON vs. TRA PAC, U.S. FIDELITY AND GUARANTEE INSURANCE COMPANY

The Appeals Board denied applicant's petition and granted defendant's petition to dismiss Signal Mutual Insurance Company and identify U.S. Fidelity and Guaranty Insurance Company as the insurer.

Workers' Compensation Appeals BoardIndustrial InjuryLongshoremanTemporary Total DisabilityTimely DenialPresumption of Industrial InjuryReconsiderationPetition for ReconsiderationU.S. Fidelity and Guaranty Insurance CompanySignal Mutual Insurance Company
References
Case No. ADJ9355601
Regular
Nov 02, 2016

Kimberly Mason vs. S.E.I.U. Local 721, Cypress Insurance Company

In this case, the applicant, Kimberly Mason, sustained an injury to her left upper extremity while attending a union rally. The WCJ initially ruled she was not an employee of S.E.I.U. Local 721, but the Board granted reconsideration. Applying the principles from *Jones v. Workman's Comp. Appeals Bd.*, the Board found that the applicant was rendering services for the union, and the provision of transportation, food, and water constituted compensation. Consequently, the Board rescinded the WCJ's finding and substituted a new finding that the applicant was indeed an employee of S.E.I.U. Local 721 at the time of her injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding of FactAdministrative Law JudgeEmployee StatusLabor Code Section 3351Labor Code Section 3357Jones v. Workman's Comp. Appeals Bd.Economic Substitutes for WagesUnion Rally
References
Case No. ADJ9389953
Regular
Mar 08, 2019

IGNACIO BARRON vs. PAK’S CABINETS, SOUTHERN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Ignacio Barron's claim against Pak's Cabinets. The amended decision affirmed the original award of permanent disability at 40%, payable at $230.00 per week for 201 weeks, totaling $46,230.00, less attorney fees. Crucially, the amendment acknowledged that the Employment Development Department paid unemployment benefits during the period of indemnity and allowed a lien for overlapping payments, to be determined by a workers' compensation judge.

Petition for ReconsiderationWCJ reportAMENDED decisiontemporary disability indemnitypermanent disability indemnityEmployment Development Departmentunemployment compensation disability benefitsoverlapping paymentslien claimaward
References
Case No. ADJ3593389 (VNO 0327097) ADJ1373027 (VNO 0327930) ADJ3316700 (VNO 0326839) ADJ4178443 (VNO 0326834) ADJ974570 (VNO 0326833)
Regular
Apr 25, 2019

MARIA YRIBE vs. U. S. SALES CORPORATION

This Workers' Compensation Appeals Board decision denies Maria Yribe's Petition for Removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not met here. The Board found that reconsideration would be an adequate remedy if a final decision is adverse. Therefore, the petition is denied.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationadministrative law judgeextraordinary remedyfinal decisionadverse to petitionerCortez v. Workers' Comp. Appeals Bd.
References
Case No. ADJ1508875
Regular
Sep 16, 2019

DERRELL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY OF CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involved applicant Derrell Feldman and multiple defendants. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but increased the applicant's attorney fees to $10,432.80. Additionally, the award for permanent disability indemnity was adjusted, and the attorney fees were ordered payable directly to the applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWCJ's reportSeabright Insurance CompanyPermanent disability indemnityLabor Code Section 4658(d)Attorney feesADJ1508875Critchfield Mechanical
References
Case No. ADJ1143788 (VNO 0517331) ADJ2670708 (VNO 0517332)
Regular
Jul 01, 2011

SANTIAGO SOTO vs. AUTOZONE, INC., U.S. F& G, Administered By GALLAGHER BASSETT

In this workers' compensation case, the applicant sustained two industrial injuries: one on December 22, 2003 (cervical spine, lumbar spine, left shoulder) and another on September 2, 2004 (right and left knees). The defendant sought reconsideration of the original award, arguing that temporary disability benefits for the earlier injury should be limited by Labor Code section 4656(c)(1). However, the Appeals Board affirmed the WCJ's decision, holding that the 104-week limitation under section 4656(c)(1) applies only to injuries occurring after its effective date of April 19, 2004. Since the applicant's first injury predates this date, the limitation does not apply to it, and benefits are awarded accordingly.

Workers' Compensation Appeals BoardAutoZone Inc.U.S. F& GGallagher BassettSantiago SotoAmended Joint Findings and AwardTemporary DisabilityPermanent DisabilityLabor Code section 4656Foster v. Workers' Comp. Appeals Bd.
References
Case No. ADJ4415679 (OAK 0259031) ADJ2701101 (WCK0050594)
Regular
May 10, 2010

Stanley Sanders vs. REMEDY INTELLIGENT STAFFING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, OREGON STEEL MILLS, INC. dba NAPA PIPE

The Workers' Compensation Appeals Board reversed a judge's decision, ruling that Napa Pipe, a self-insured special employer, is liable for applicant Stanley Sanders' workers' compensation benefits. Despite an agreement between the general employer (Remedy Temp) and Napa Pipe attempting to limit liability to Remedy Temp's insurer (Reliance), Napa Pipe's joint and several liability as a special employer cannot be contractually eliminated. Because Napa Pipe's self-insurance was not excluded for special employees and constitutes "other insurance" under Insurance Code § 1063.1(c)(9), CIGA is relieved of its obligation to provide benefits following Reliance's insolvency. Therefore, Napa Pipe must now provide all workers' compensation benefits and administer the claim.

Workers' Compensation Appeals BoardStanley SandersRemedy Intelligent StaffingCalifornia Insurance Guarantee AssociationReliance National Insurance CompanyOregon Steel MillsNapa PipeADJ4415679ADJ2701101Opinion and Decision After Reconsideration
References
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