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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Aug 07, 1958

West Virginia Pulp & Paper Co. v. A. D. Lewis

The case involves an interpleader action brought by West Virginia Pulp and Paper Company concerning union dues collected from its employees. Rival claims for these funds were made by District 50, United Mine Workers of America, and an "Organizing Committee" formed by disaffiliating members of Local 12915. The core dispute revolved around the legitimacy of the disaffiliation and the validity of District 50's claim to the local's assets and checked-off dues. The court ultimately ruled in favor of District 50 and the temporary administrator of Local 12915, upholding the existing collective bargaining agreement and union constitution. The cross-claim by the "Organizing Committee" was dismissed, and the plaintiff was discharged from liability.

InterpleaderUnion Dues DisputeLabor Union DisaffiliationCollective BargainingProperty Rights of UnionsTemporary AdministrationNational Labor Relations BoardContract FrustrationDue ProcessTrade Union Law
References
8
Case No. ADJ1817205 (RIV 0076837) ADJ2824273 (RIV 0076838)
Regular
Jul 02, 2014

SONNY LOVELESS vs. NEWPORT FARMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ZURICH AMERICAN INSURANCE CO., VIRGINIA SURETY INSURANCE COMPANY

This case involves a dispute over reimbursement for workers' compensation benefits paid by CIGA. The Appeals Board affirmed an arbitrator's decision granting CIGA full reimbursement from Virginia Surety and Zurich for benefits paid to the applicant. Virginia Surety's arguments that the cumulative trauma periods should be reevaluated and that CIGA was liable for the first period were rejected. The Board found Virginia Surety is bound by prior stipulations establishing two cumulative trauma periods, making its coverage "other insurance" under Insurance Code § 1063.1(c)(9) and thus excluding CIGA's liability for those benefits.

Workers' Compensation Appeals BoardSonny LovelessNewport FarmsCalifornia Insurance Guarantee Association (CIGA)Superior NationalZurich American Insurance Co.Virginia Surety Insurance Companycumulative traumastipulated awardreimbursement
References
4
Case No. ADJ7516108
Regular
Jun 06, 2011

ANGELICA CROTTE vs. UFO, INC., ILLINOIS MIDWEST INSURANCE AGENCY, VIRGINIA SURETY COMPANY, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Virginia Surety's petition for removal because it was unverified, violating WCAB Rule 10843(b). The WCAB also noted the petition's excessive length and improper attachments, which violated multiple rules, including CA Rule 10232(a)(10) and WCAB Rule 10842(c). Based on these egregious violations, the WCAB issued a notice of intention to impose a $500 sanction on Virginia Surety's counsel, Sophia E. Martinez, pursuant to Labor Code section 5813.

Petition for RemovalUnverified PetitionWCAB RulesLabor Code 5813SanctionsFrivolousWillful Failure to ComplyWCJAdministrative Law JudgeVirginia Surety Company
References
1
Case No. SJO 0231549, SJO 0266175
Regular
Jul 17, 2008

VIRGINIA COCIO vs. MOUNTAIN VIEW SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, finding two separate cumulative trauma injuries instead of one. The Board determined the applicant sustained a first injury ending September 23, 1997, and a second distinct injury from 1999 through her last day of work on November 29, 2000. The case was returned to the trial level for further proceedings to determine permanent disability and apportionment for each injury.

Workers' Compensation Appeals BoardVirginia CocioMountain View School DistrictCIGApetition for reconsiderationFindings and Awardfood service workerherniaspermanent disabilityapportionment
References
12
Case No. ADJ3051297 (SJO 0266175) ADJ2527197 (SJO 0231549)
Regular
Apr 28, 2010

VIRGINIA COCIO vs. MOUNTAIN VIEW SCHOOL DISTRICT, ACE, CIGA

This case involves an employee's permanent disability from two cumulative trauma injuries, one covered by CIGA and the other by a solvent carrier, ACE. The physician could not apportion the disability between the two injuries, creating an "unapportionable" award. The Board reconsidered its prior decision, now holding that ACE, as the solvent carrier for "other insurance," is solely liable for the entire indivisible permanent disability award. CIGA is relieved of any liability for this permanent disability.

CIGAACEBenson situationunapportionable permanent disabilitysolvent carrierapportionmentcumulative traumaindivisible award"other insurance"Insurance Code section 1063.1
References
4
Case No. ADJ9061807
Regular
May 26, 2016

VIRGINIA ALONZO vs. ANTELOPE VALLEY HOSPITAL

The Workers' Compensation Appeals Board dismissed Virginia Alonzo's petition for reconsideration due to untimeliness. The petition was filed on April 4, 2016, more than 25 days after the WCJ's February 25, 2016 decision. Filing deadlines for reconsideration petitions are jurisdictional, and the Board lacks authority to act on late submissions. Additionally, the petitioner's representation notice was noted as deficient.

Petition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitWCAB RulesProof of FilingNotice of RepresentationElectronic Adjudication Management SystemService by MailCalifornia Labor Code
References
4
Case No. ADJ150109 (BAK 0152601) ADJ3906549 (BAK 0152600)
Regular
Jan 11, 2011

VIRGINIA PALMER vs. GOLDEN EMPIRE TRANSIT DISTRICT

This case involved Virginia Palmer, the applicant, and Golden Empire Transit District, the defendant. The Workers' Compensation Appeals Board (WCAB) reviewed a petition for reconsideration. The WCAB denied the petition for reconsideration, adopting the findings of the workers' compensation administrative law judge. Therefore, the applicant's request to overturn a previous decision was unsuccessful.

Workers' Compensation Appeals BoardGolden Empire Transit DistrictPermissibly Self-InsuredDenying ReconsiderationWorkers' Compensation Administrative Law JudgePetition for ReconsiderationReport of WCJAdopt and IncorporateDenial of ReconsiderationHanna Brophy
References
0
Case No. ADJ8186147
Regular
Nov 08, 2013

Virginia Santana vs. Regency Oaks Care Center

The Workers' Compensation Appeals Board denied Regency Oaks Care Center's petition for reconsideration of a decision finding that Virginia Santana sustained an injury arising out of and in the course of employment. The Board adopted the judge's report, which found Santana's testimony credible regarding her repetitive work duties and resulting pain. Medical reports from treating physicians and consulting orthopedic surgeons provided substantial evidence supporting the injury finding, outweighing conflicting opinions. The Board also gave great weight to the judge's credibility determination, as is standard practice.

AOE/COEPetition for ReconsiderationWCJ ReportSubstantial EvidencePhysician OpinionCredibility FindingCumulative TraumaRepetitive WorkLaundry WorkerConvalescent Hospital
References
4
Case No. ADJ9667092
Regular
Jan 12, 2016

Virginia Fernandez vs. KMART, ACE AMERICAN INSURANCE COMPANY

Applicant Virginia Fernandez injured her knee and wrist, but her MPN physician's report was contradictory and failed to address all complaints, leading to a dispute. The defendant denied her request for a second opinion within the MPN, insisting she use the panel QME process. The Appeals Board found the applicant was entitled to a second opinion within the MPN to resolve the dispute over her treatment. However, the Board reversed the lower judge's order, ruling the defendant's refusal did not constitute a denial of medical treatment allowing her to seek care outside the MPN.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNSecond Opinion PhysicianQualified Medical EvaluatorQMEDenial of Medical TreatmentLabor Code section 4616.3Labor Code section 4616.4Independent Medical Review
References
3
Case No. ADJ9796670
Regular
Aug 05, 2016

Virginia Lopez vs. California Pizza Kitchen, Travelers Insurance

Applicant Virginia Lopez sought removal after an administrative law judge (WCJ) invalidated a chiropractic QME panel, ordering an orthopedic replacement. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the original chiropractic panel was properly issued and defendants waived their right to object by failing to follow proper procedures. The WCAB amended the WCJ's decision to affirm the chiropractic panel, deeming removal necessary to prevent substantial prejudice. The WCAB affirmed the WCJ's order to issue a replacement panel in the "specialty previously issued," which was chiropractic.

Petition for RemovalQualified Medical Evaluator (QME)Specialty DesignationCompensability ExamLabor Code § 4060Rule 30(b)Rule 31.1(b)Written ObjectionMedical Director ReviewWaiver of Objection
References
6
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