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Case Law Database

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

Case No. ADJ2242917
Regular
Feb 09, 2011

HERIBERTO HERNANDEZ RODRIGUEZ, ROSALVA RODRIGUEZ vs. AA CONTRACTING, dba GARZA CONTRACTING, STATE COMPENSATION INSURANCE FUND

This case involves a fatal industrial injury where the initial award of death benefits was found to be internally inconsistent and ambiguous by the WCJ. The defendant sought reconsideration of the WCJ's subsequent decision, arguing the WCJ erred in denying jurisdiction to correct the erroneous award. The Appeals Board granted reconsideration, finding the WCJ's reserved jurisdiction and the ambiguity of the award allowed for correction. The Board rescinded the WCJ's decision and returned the matter for further proceedings to resolve the benefit and attorney fee amounts.

Workers' Compensation Appeals BoardDeath BenefitsPartial DependentsJudicial ErrorLabor Code Section 5803Reservation of JurisdictionReconsiderationRescindAmendFindings of Fact
References
1
Case No. ADJ8022872
Regular
Apr 08, 2015

THOMAS JOSEPH (JJ) McCLESKEY, JR. vs. ARIZONA CARDINALS, TIG INSURANCE COMPANY, NEW ORLEANS SAINTS, LOUISIANA WORKERS' COMPENSATION CORPORATION

The Appeals Board rescinded the WCJ's decision declining jurisdiction over the applicant's cumulative injury claim. The Board remanded the case for the WCJ to re-evaluate jurisdiction, considering the applicant's California contacts and potential hiring in California, despite forum selection clauses in his employment contracts. The reasonableness of enforcing these clauses, particularly concerning the employer's notification of workers' compensation rights and the allocation of liability for cumulative injuries under Labor Code section 5500.5, also needs further consideration. The WCJ must address all jurisdictional issues in a new decision at the trial level.

WCABcumulative injuryprofessional football playerforum selection clausejurisdictionrelation back doctrineLabor Code section 5500.5unreasonable enforcementnotification of rightsArizona Cardinals
References
5
Case No. ADJ7999818
Regular Panel Decision
Jul 15, 2021

Matter of Hill v. Shoprite Supermarkets Inc.

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Reconsideration filed by defendants C & C Appliance Repair and ACE Property & Casualty Insurance. The defendants sought to overturn the Workers' Compensation Administrative Law Judge (WCJ) P. Levine's Findings and Order, which asserted WCAB jurisdiction over Jessica Torres' claims. Defendants argued that Torres was an independent contractor, not an employee. However, the WCAB found no legal or factual error in the WCJ's decision, concluding that substantial evidence supported the finding of an employer-employee relationship and thus, WCAB jurisdiction. The Board referenced the Garcia v. DirectTV decision in its affirmation of the WCJ's jurisdiction determination.

Independent Contractor DisputeEmployer-Employee StatusJurisdiction ChallengePetition for Reconsideration DeniedCalifornia Labor CodeWCAB AuthorityAdministrative Law Judge DecisionSubstantial Evidence ReviewDue Process RightsAppellate Body Affirmation
References
4
Case No. ADJ15251480
Regular
Jun 03, 2025

JACOB DIPIERO vs. CITY OF CAMPBELL, TRISTAR RISK MANAGEMENT

Applicant Jacob DiPiero sought reconsideration of a WCJ's decision regarding jurisdiction over advance disability pension payments (ADPP). The WCJ had initially found the Appeals Board lacked jurisdiction to determine ADPP entitlement under Labor Code section 4850.4. The Appeals Board, referencing Gage v. Workers' Comp. Appeals Bd., concluded that ADPP constitutes compensation under Division 4 of the Labor Code, thus granting it exclusive jurisdiction over the matter. Consequently, the Board granted the applicant's petition for reconsideration, rescinded the WCJ's March 12, 2025 Findings of Fact and Order, and returned the case to the trial level for further proceedings on the merits of ADPP entitlement.

Advance Disability Pension PaymentsLabor Code Section 4850.4Gage v. Workers' Comp. Appeals Bd.JurisdictionWorkers' Compensation Appeals BoardCumulative Trauma InjuryPolice OfficerIndustrial Disability RetirementCalPERSSkelly Hearing
References
10
Case No. ADJ8008848; ADJ8012651
Regular
Feb 23, 2015

MARCELA QUIRINO vs. MARMALADE CAFÉ, Permissibly Self-Insured, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION Administered by AMERICAN CLAIMS MANAGEMENT

This case involves a Petition for Removal filed by Lien Claimants challenging a Workers' Compensation Judge's (WCJ) notices of intent to sanction Dr. Rubanenko and dismiss lien claims. The Lien Claimants argued the WCJ lacked jurisdiction due to pending prior removal petitions, but the Appeals Board found the WCJ retained jurisdiction. Because the WCJ proceeded and issued orders addressing these issues, the current Petition for Removal was dismissed as moot, with further appeals or reconsideration being the proper avenue for challenging any final orders. The Board also denied the request to remove the WCJ as the showing of prejudice or bias was insufficient.

Removal PetitionLien ClaimantNotice of Intention to Dismiss LiensNotice of Intention to Award CostsSanctionsWCJ JurisdictionPetition for RemovalMPNMedical Provider NetworkPrejudice
References
1
Case No. ADJ9014448
Regular
Mar 10, 2020

TIM WAITE vs. COUNTY OF VENTURA permissibly self-insured; administered by SEDGWICK RISK SERVICES (formerly YORK RISK SERVICES)

This case involves a workers' compensation claim where the WCJ initially issued Findings and Awards. Following the applicant's request for reconsideration, the WCJ rescinded the award and set the matter for trial. The defendant then petitioned for reconsideration, but the WCJ issued an amended award *after* the period for such actions under WCAB Rule 10961 had expired, thus losing jurisdiction. The Appeals Board affirmed the WCJ's amended award, holding that despite the jurisdictional issue with the amended award, it was the correct outcome.

WCABReconsiderationFindings and AwardsRescinding OrderJurisdictionWCJAdministrative Law JudgeAppeals BoardPetitionAmended F&A
References
1
Case No. ADJ7194315
Regular
Nov 15, 2013

ROSALINDA RODRIGUEZ vs. MERCURY INSURANCE SERVICES, LLC, TRAVELERS PROPERTY & CASUALTY COMPANY OF AMERICA

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that removed the case from calendar due to lack of jurisdiction. The WCJ erred in finding he could not rule on the defendant's petition to strike the applicant's request for additional QME panels. The Board determined that Labor Code section 133 and WCAB Rule 10348 grant the WCJ jurisdiction to determine the reasonableness and necessity of such requests. The case is returned to the WCJ to decide whether additional QME panels are warranted.

Petition for RemovalQualified Medical EvaluatorPanel RequestJurisdictionAdministrative Director RuleGood CauseMedical DirectorOff CalendarOrder RescindedReturn to Trial Level
References
0
Case No. ADJ423557 (ANA 0341897)
Regular
Aug 30, 2010

BARTOLLO TERRONES vs. REMEDY TEMP, RELIANCE NATIONAL INDEMNITY, U.S. TILE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Select Staffing's petition for removal, upholding a WCJ's order compelling depositions and document production. Select argued the WCJ lacked jurisdiction over its non-party witnesses and demanded confidential financial documents. The WCAB found Labor Code Section 5710 allows compelling depositions of non-party witnesses, and the WCJ has jurisdiction to order production of the purchase agreement, with claims of privilege to be adjudicated later. No substantial prejudice to Select was found to warrant disturbing the WCJ's order.

Workers' Compensation Appeals BoardPetition for RemovalDeposition of WitnessesMotion to Compel AttendanceNotice to ProduceStaffing AgencyGeneral EmployerSpecial EmployerCalifornia Insurance Guarantee Association (CIGA)Labor Code Section 5710
References
0
Case No. ADJ2483385 (MON 0345351)
Regular
Aug 02, 2011

DAVID VELASQUEZ vs. PACIFIC ENERGY CONSTRUCTION CORP., AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The Appeals Board granted reconsideration and removed the case to itself after the WCJ issued a Findings and Award for applicant's industrial injury including sleep disorder. Subsequently, the parties reached a Compromise and Release (C&R) settlement while the defendant's reconsideration petition was pending. The WCJ improperly approved the C&R after her jurisdiction had expired according to Appeals Board rules. The Board rescinded the prior Findings and Award and WCJ orders, returning the case to the trial level for proceedings on the C&R, and specifically rescinded the WCJ's C&R approval order due to lack of jurisdiction.

Workers' Compensation Appeals BoardFindings and AwardCompromise and ReleasePetition for ReconsiderationWCJ jurisdictionReport and RecommendationIndustrial InjurySleep DisorderNeurological SystemInternal System
References
2
Case No. ADJ17146948; ADJ17146930; ADJ15040609
Regular
Apr 28, 2025

WAYNE BLOSSER vs. RB SPENCER, INC., INSURANCE COMPANY OF THE WEST

Applicant Wayne Blosser sustained multiple industrial injuries, leading to a WCJ award for home modifications, including a mobile home construction and interim ADA-compliant housing, citing the defendant's failure to timely investigate treatment needs. Defendant sought reconsideration, arguing due process violations, lack of WCJ jurisdiction over home modifications, and insufficient evidentiary support for the award. The Workers' Compensation Appeals Board denied the petition, affirming the WCJ's findings that the defendant had ample notice to investigate and that the issue fell within the WCJ's jurisdiction given the parties' stipulations on medical necessity and the implementation nature of the dispute. The Board emphasized the employer's affirmative duty to investigate and provide benefits upon notice of potential needs.

Workers' Compensation Appeals BoardIndustrial InjuryAC HVAC Commercial InstallerHome ModificationsADA Compliant ApartmentSkilled Nursing FacilityUtilization ReviewIndependent Medical ReviewDue ProcessLabor Code
References
9
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