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

Case No. ADJ2984143 (LBO 0340645) MF ADJ3946341 (LBO 0340644) ADJ896223 (LBO 0340643)
Regular
Jun 26, 2012

FERNANDO GUZMAN vs. ACU-AIR CARGO, LLC, PARSONS TRANSPORTATION, LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's decision that barred the applicant's claims due to the employer's bankruptcy. The Board clarified that a bankruptcy discharge injunction does not prevent a WCAB proceeding if the goal is to collect from a collateral source like the Uninsured Employers Benefits Trust Fund (UEF), not the discharged bankrupt employer personally. Relying on *In Re Munoz*, the Board held that a WCAB proceeding can continue to establish an award against the bankrupt employer, which is a necessary precursor for the UEF to pay. Therefore, the applicant may proceed with their claims before the WCAB, provided they stipulate they are not seeking personal recovery from the bankrupt employer.

UEFbankruptcy discharge injunctioncollateral sourcesubstantial shareholderLabor Code section 3717.1uninsured employerproof of claimautomatic staynondischargeable debtMunoz
References
Case No. LAO 0722567
En Banc
Dec 18, 2003

Daniel Milbauer vs. Erez Boostan dba American Runner Attorney Service, Uninsured Employers Fund

The Appeals Board affirms a WCJ's finding on the correct legal identity of an uninsured employer and establishes procedures to ensure the Uninsured Employers Fund's (UEF) early and active participation in identifying such employers in future cases.

UEFEmployer IdentityService of ProcessJurisdictionReconsiderationEn Banc DecisionLabor CodeUninsured EmployerIndustrial InjuryPermanent Disability
References
Case No. ADJ1686177, ADJ1816809, ADJ1785567
Regular
Jun 17, 2011

LOURDES BUENROSTRO vs. PEGGY BRADLEY, ANTHONY ALBISO ENTERPRISES, INCL. dba FLOWERS BY PEGGY, MARIO DEL FANTE FLORIST FLORISTS MUTUAL INSURANCE COMPANY, EMPLOYERS ELITE INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case consolidates multiple workers' compensation claims involving the applicant, Lourdes Buenrostro, and various employers and insurance carriers. The Workers' Compensation Appeals Board (WCAB) addressed disputes concerning industrial injury findings, penalties for unreasonable delays in benefit payments, and the apportionment of liability. The WCAB affirmed some WCJ findings, corrected awards, and deferred issues like certain penalties and attorney fees for further proceedings. Ultimately, the WCAB clarified liability and ordered Florists Mutual Insurance Company to administer benefits and liens for two of the claims.

WCABLabor Code section 5814illegally uninsuredpenaltyattorney feestemporary disabilitypermanent disabilitycumulative traumajoint and several liabilityapportionment
References
Case No. STK 0196694
Regular
Jul 20, 2007

CLIFFORD E. SILVA (Deceased) LINDA SILVA (Widow) vs. DAVINDER JAGPAL, DBA D-BEST EXPRESS, INSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board granted reconsideration to review a $\$ 100$ sanction imposed on the Uninsured Employers Fund (UEF) for bad faith in delaying attorney fees. While the Board affirmed that UEF can be sanctioned under Labor Code section 5813, it rescinded the original order. The case is returned to the trial level for further proceedings to determine if UEF's delay was willful or due to excusable neglect, as required for sanctions.

Workers' Compensation Appeals BoardUninsured Employers FundLabor Code section 5813Labor Code section 5814Bad Faith ActionsSanctionAttorney's FeesWillful DelayReconsiderationFinding and Order
References
Case No. ADJ408254 (STK 0196694)
Regular
Nov 14, 2008

CLIFFORD E. SILVA (deceased) LINDA SILVA (widow) vs. DAVINDER JAGPAL, DBA D-BEST EXPRESS, UNINSURED EMPLOYERS FUND

This case clarifies that the Uninsured Employers Benefits Trust Fund (UEF) is shielded from penalties and sanctions under Labor Code section 5813, even for delayed payment of attorney fees, due to the specific limitations of liability in Labor Code section 3716.2. The Court of Appeal reversed a prior decision that would have allowed sanctions against the UEF for its tardiness in paying an applicant's attorney fee. Therefore, the UEF is not liable for the requested sanction in this matter.

RemittiturUninsured Employers Benefits Trust FundSanctionsLabor Code Section 5813Labor Code Section 3716.2Attorney's FeesDeath BenefitStipulations with Request for AwardCourt of Appeal OpinionWillful or Bad Faith Actions
References
Case No. ADJ338022 (VNO 0469583)
Regular
Feb 05, 2009

FERMIN ANTONIO AMAYA vs. JOAQUIN VARGAS FLORES, UNINSURED EMPLOYERS FUND, JOANNE L. CORDOVA, FIRE INSURANCE EXCHANGE

The Appeals Board granted reconsideration for the Uninsured Employers Fund (UEF) to clarify findings regarding the applicant's employment status and the UEF's involvement. The WCJ's prior decision rescinded a supposed dismissal of UEF and found the applicant was not an employee of the homeowner, but the record lacked clarity on these points. The Board found the WCJ's decision lacked sufficient factual basis and legal reasoning required by statute. Therefore, the matter was returned to the trial level for further proceedings and a new decision.

Uninsured Employers FundReconsiderationAmended Findings and AwardJurisdictionCompromise and ReleaseDismissalHomeownerEmployeeLabor Code 3352(h)Lien Claimants
References
Case No. ADJ3045197 (LAO 0818234)
Regular
Oct 07, 2011

DIOMEDES QUINONEZ vs. CHECKMATE STAFFING, INC., BUCKEYE CLAIMS, J.C. PENNEY, INC., AIG CLAIM SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEF) sought reconsideration of a prior award against Checkmate Staffing, arguing an automatic bankruptcy stay invalidated it. The Board denied the UEF's petition, finding it lacked jurisdiction to rescind an award over seven years old. California Labor Code Section 5804 strictly limits rescission or alteration of awards to five years post-injury. The Board emphasized that rescinding the award would contravene the legislative intent behind the UEF to protect workers injured by illegally uninsured employers.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationFindings and AwardBankruptcy Automatic StayLabor Code Section 5804Jurisdictional LimitationRescind AwardContinuing JurisdictionLegally Uninsured EmployerDate of Injury
References
Case No. LAO 0722567
En Banc
Mar 10, 2004

Daniel Milbauer vs. Erez Boostan dba American Runner Attorney Service, Uninsured Employers Fund

The Appeals Board dismisses the Uninsured Employers Fund's (UEF) petition for reconsideration because UEF is not legally aggrieved by the decision, the challenged procedural aspects are not final orders, and the petition is successive.

Uninsured Employers FundPetition for ReconsiderationEn BancAggrieved PartyFinal OrderSuccessive PetitionWrit of ReviewAdministrative Procedures ActLabor CodeDue Process
References
Case No. ADJ723750 (LAO 0809604)
Regular
Oct 17, 2008

SHEMEL BABAKHANI vs. ELINA NAZARIAN dba JAY AUTO REPAIR; WILLFULLY UNINSURED

This case involves an applicant's appeal regarding permanent disability and a typographical error, alongside the Uninsured Employers Benefits Fund's (UEF) appeal challenging the admission of an expert's report and the disability rating. The Appeals Board granted the applicant's reconsideration to correct a clerical error in the permanent and stationary date, otherwise affirming the original decision. The UEF's petition for reconsideration was denied, with the Board adopting the WCJ's reasoning.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust Fundindustrial injuryright eye injurypsyche injuryauto mechanictemporary disability benefitspermanent disability ratingpermanent and stationary daterating expert
References
Case No. ADJ6814916
Regular
May 18, 2012

RAYMOND CLAYBORN vs. BALTIMORE RAVENS formerly known as, CLEVELAND BROWNS, NEW ENGLAND PATRIOTS, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal and rescinded the WCJ's order taking the case off calendar. The WCAB found it premature to join the Uninsured Employers Benefits Trust Fund (UEF) or Self-Insurers' Security Fund (SSF) as a trial decision on liability had not yet been made. The WCAB emphasized that the UEF or SSF can only be joined if a compensable injury is found and defendants are determined to be uninsured or improperly self-insured. The case was returned to the trial level for completion of the proceedings.

Workers' Compensation Appeals BoardRemovalReconsiderationOff CalendarUninsured Employers Benefits Trust FundSelf-Insurers' Security FundProfessional Football PlayerCumulative TraumaLabor Code section 3716(b)Labor Code section 3700
References
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