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

Case No. ADJ4389797 (SFO 0405264) ADJ562813 (SFO 0472753)
Regular
Jul 01, 2009

APRIL VARGAS vs. UNION BANK OF CALIFORNIA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility CAMBRIDGE for FREMONT INDEMNITY, in liquidation, FRANKLIN TEMPLETON RESOURCES, AMERICAN AUTO INSURANCE COMPANY/ FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because the petitioner withdrew it. This petition was related to an arbitrator's decision dated April 22, 2009. The dismissal order was issued and served on July 1, 2009.

Petition for ReconsiderationArbitrator DecisionWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardUnion Bank of CaliforniaCalifornia Insurance Guarantee AssociationCambridgeFremont IndemnityLiquidation
References
Case No. ADJ6764998
Regular
Dec 13, 2011

ROBERT HYATT vs. UNION BANK OF CALIFORNIA, XL SPECIALTY INSURANCE

The Workers' Compensation Appeals Board granted CIGA's Petition for Reconsideration, amending the prior order to establish CIGA's standing to file an application. However, the Board affirmed the finding that CIGA's application was barred by the statute of limitations. This decision means CIGA can initiate claims as a party in interest but must do so within the statutory deadlines for filing. CIGA's liability is limited to "covered claims" related to the employer's insurer's insolvency.

California Insurance Guarantee AssociationCIGAUnion Bank of CaliforniaXL Specialty InsurancePetition for ReconsiderationGranting PetitionDecision After ReconsiderationAdministrative Law JudgeWCJLabor Code section 5501
References
Case No. ADJ3598646 (LAO 0800753)
Regular
Oct 27, 2014

THEMAS BERGE vs. UNION BANK OF CALIFORNIA, ZURICH AMERICAN INSURANCE COMPANY

This case involved a petition for reconsideration by applicant Themas Berge. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and affirmed the original decision of August 22, 2014. However, the WCAB amended Finding of Fact No. 4 to detail specific periods of compensable temporary disability. Crucially, the amended finding clarifies the weekly payment rates for temporary disability, specifying that payments within two years of injury were at $490.00, and any currently accrued, unpaid temporary disability is payable at $597.86.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportDecision After ReconsiderationTemporary DisabilityCompensable PeriodsMaximum RateAccrued UnpaidApplicantUnion Bank of California
References
Case No. ADJ1408452 (SFO 0441229) ADJ1613865 (SFO 0453060)
Regular

Deborah Blasco vs. Bank of the West, California Insurance Guarantee Association, Intercare Insurance Services

This case involves Deborah Blasco's workers' compensation claims against Bank of the West, with the California Insurance Guarantee Association involved. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Reconsideration filed in the matter. After reviewing the record and the judge's report, the WCAB has denied this petition. Therefore, the original decision or order stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenied ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportDeborah BlascoBank of the WestCalifornia Insurance Guarantee AssociationCIGAIntercare Insurance Services
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ9674694
Regular
Feb 02, 2016

RAMONDA WALKER vs. PETROCHEM INSULATION, INC., ACE AMERICAN INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an applicant's claim for an injury sustained while working in Utah. The applicant, hired by a California-based company, argues California has jurisdiction because the company is based there, he paid California taxes, and he was directed to join a California union. However, the WCAB affirmed the finding that it lacked jurisdiction, as the applicant was hired and injured outside of California. The Board held that the location of the hiring and the injury are determinative for jurisdiction, not the employer's location or the applicant's tax payments.

JurisdictionContract of HireLabor Code § 5305Labor Code § 3600.5(a)WCABIndustrial InjuryPetrochem InsulationInc.Ramonada WalkerReconsideration
References
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
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. ADJ916063
Regular
Dec 24, 2010

TERRY SCUDDER vs. VERIZON CALIFORNIA, INC., SEDGWICK CMS

This case involves a petition for reconsideration filed by defendant Verizon California, Inc. The Workers' Compensation Appeals Board (WCAB) granted the petition. This action was taken due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications related to this matter should be directed to the WCAB's Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOPINION AND ORDERVERIZON CALIFORNIASEDGWICK CMSSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATION
References
Case No. ADJ2681583 (MON 0239411)
Regular
May 01, 2012

GUILLERMINA GONZALEZ vs. SOUTHERN CALIFORNIA JOBBERS, CALIFORNIA INSURANCE GUARANTEE (CIGA) by BROADSPIRE, for CALIFORNIA COMPENSATION INSURANCE, in liquidation

In *Gonzalez v. Southern California Jobbers*, the Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision. The Board rescinded the prior decision and returned the matter to the trial level for further proceedings and a new decision. This order signifies the matter is not yet finalized on its merits.

Reconsideration OrderRescindedFurther ProceedingsWorkers' Compensation Appeals BoardWCJCalifornia Insurance Guarantee AssociationCIGABroadspireLiquidationSouthern California Jobbers
References
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