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

Case No. ADJ7751160
Regular
Jun 26, 2012

WALLACE MANNS vs. AMERICAN LABOR POOL, OLD REPUBLIC GENERAL INSURANCE CORPORATION

This case concerns a worker's compensation claim for an inguinal hernia sustained prior to a layoff. The employer argued the claim was barred by Labor Code section 3600(a)(10) as it was filed after notice of termination. The Appeals Board granted reconsideration, finding the Administrative Law Judge erred by requiring proof of retaliatory intent. The Board rescinded the original finding, concluding the post-termination defense applied as no exceptions under the statute were met. The applicant's claim was therefore barred.

Workers' Compensation Appeals BoardWallace MannsAmerican Labor PoolOld Republic General Insurance CorporationADJ7751160Riverside District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWCJ
References
Case No. ADJ8496155
Regular
May 16, 2016

EALWINDER MANN (Deceased) MOHINDER MANN (Widow) vs. DARBARA SINGH, DARBARA SINGH Dba D&G TRANSPORT

This case concerns a deceased truck driver, Balwinder Mann, whose widow, Mohinder Mann, is claiming workers' compensation benefits. The defendant, Darbara Singh, dba D&G Transport, appealed a decision finding Mann was an employee and that the statute of limitations did not bar the claim. The defendant argued Mann was an independent contractor due to an agreement and lack of control, and that the claim was time-barred. The Appeals Board denied reconsideration, affirming the WCJ's findings that Singh retained sufficient control to establish an employer-employee relationship, and that the defendant's failure to provide a claim form tolled the statute of limitations.

AOE/COEIndependent Contractor AgreementEmployee statusStatute of limitationsRight to controlLabor Code Section 3351Labor Code Section 3357Labor Code Section 3353Borello factorsTruck driver
References
Case No. ADJ10801516
Regular
Jul 24, 2017

JORGE RAMIREZ vs. MANN PACKING COMPANY, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

In this workers' compensation case, Jorge Ramirez is the applicant, and Mann Packing Company, Inc. and its insurer are the defendants. Both the applicant and defendants challenged judges in the Salinas District Office, exhausting available judicial options there. Consequently, the Workers' Compensation Appeals Board ordered the venue transferred to the San Jose District Office. The case will now be heard by Judge David Lauerman in San Jose.

Workers' Compensation Appeals BoardVenue ChangeChallengesAppeals Board Rule 10453Salinas District OfficeSan Jose District OfficePresiding Workers' Compensation JudgeJudge David LauermanApplicantDefendant
References
Case No. ADJ8025362
Regular
Apr 20, 2015

JOHN WALLACE vs. PHOENIX SUNS, TIG INSURANCE

The Workers' Compensation Appeals Board reversed a prior ruling, finding California lacks sufficient connection to a professional basketball player's cumulative injury claim. The Board held that playing a small percentage of games in California and receiving minor medical treatment does not establish a legitimate and substantial interest for the state to exercise jurisdiction, citing the *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)* precedent. Consequently, the applicant takes nothing on his claim.

Workers' Compensation Appeals BoardPhoenix SunsTIG InsuranceJohn WallaceLabor Code Section 3600.5(b)Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)jurisdictionprofessional athletecumulative industrial injurylegitimate and substantial connection
References
Case No. ADJ7772997
Regular
Jan 16, 2014

ADRIAN MANNS vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to amend a finding of fact regarding applicant Adrian Manns' cumulative trauma injury. While affirming that Manns sustained an industrial injury, the Board revised the period of injury to end in January 2001, aligning with medical examiner opinions. The Board found insufficient evidence to support the presumption of industrial causation under Labor Code sections 5402 or 3212.10. The amended finding now states the injury occurred up to January 2001, including coccidioidomycosis and meningitis.

CoccidioidomycosisMeningitisCumulative TraumaCorrectional OfficerLabor Code section 5402Labor Code section 3212.10Agreed Medical ExaminersDate of InjuryPresumption of Industrial CausationStatute of Limitation
References
Case No. GRO 031512; GRO 031648 GRO 033806; GRO 033807 GRO 033808
Regular
Mar 18, 2008

SHEILA M. PASQUA vs. ERNIE BALL, INC. \& PALADAR MFG. I; CIGA/CASUALTY RECIPROCAL EXCHANGE

The applicant sought reimbursement for services from Wallace & Associates, claiming it was a reasonable cost under Labor Code section 5811. The Appeals Board affirmed the WCJ's finding that the defendant was not liable for this bill. The applicant failed to prove the services were reasonable and necessary, especially given the stipulation to use the 1997 rating schedule, rendering the evidence's purpose unclear.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent Disability Rating ScheduleLabor Code section 5811Reasonable CostsWallace & AssociatesCosta v. Hardy DiagnosticMedical-Legal CostsVocational Rehabilitation Expert
References
Case No. ADJ7959239
Regular
Aug 13, 2015

MILO ELANDER vs. MANN PACKING COMPANY, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award in favor of the applicant. Following the grant of reconsideration, the defendant notified the Board that the parties had reached a settlement contingent upon Medicare Set Aside approval. Consequently, the Board rescinded the original award and returned the case to the trial level for submission and potential approval of the parties' Compromise and Release Agreement. If the settlement is not approved, the prior award can be reinstated.

WORKERS' COMPENSATION APPEALS BOARDMILO ELANDERMANN PACKING COMPANYZURICH NORTH AMERICA INSURANCE COMPANYADJ7959239Salinas District OfficeOPINION AND DECISION AFTER RECONSIDERATIONPetition for ReconsiderationFindings and Awardsettlement
References
Case No. ADJ4574280 (STK 0198490)
Regular
Jul 27, 2016

DENNIS WALLACE vs. COUNTY OF STANISLAUS, SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision that dismissed the applicant's Labor Code section 132a petition based on collateral estoppel. The WCAB found that the prior civil judgment in the applicant's FEHA action, which formed the basis for the dismissal, had been overturned by the Court of Appeal. Therefore, the WCAB returned the matter to the WCJ for further proceedings consistent with the Court of Appeal's decision.

Workers' Compensation Appeals BoardLabor Code Section 132aFair Employment and Housing ActFEHAdisability discriminationcollateral estoppelreconsiderationFindings of FactOpinion on Decisionadministrative law judge
References
Case No. ADJ891020 (VNO 0432591) ADJ1599945 (VNO 0432592)
Regular
Mar 27, 2015

SILVIA MANN vs. ODIN PRODUCTIONS, INC., NORTH AMERICAN SPECIALTY INSURANCE COMPANY

In Silvia Mann v. Odin Productions, Inc. et al., the Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration. This action is being taken due to statutory time constraints and a preliminary review suggesting further study of the case's factual and legal issues is necessary. The WCAB seeks a complete understanding to issue a just decision and will allow for further proceedings as appropriate. All communications regarding this petition must be filed directly with the WCAB Commissioners' office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardOdin ProductionsInc.North American Specialty Insurance CompanyADJ891020ADJ1599945Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ9877506
Regular
Oct 30, 2017

MICHAEL WALLACE (Dec'd), ANGELA JOHNSON WALLACE (Wife) vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Appeals Board granted the applicant's Petition for Reconsideration, reversing the dismissal of a death benefit claim. This action was taken to issue a notice of intent to impose sanctions and attorney's fees against the applicant's attorneys for alleged bad faith actions. The Board found their petition lacked specificity and cited multiple violations of procedural rules and potential misconduct regarding discovery. A hearing will be held to determine if sanctions are warranted against the named attorneys and their firm.

Petition for ReconsiderationFindings and OrderWCJDeclaration of Readiness to ProceedPetition to Dismissbad faith actionsfrivolous litigationattorney sanctionsLabor Code section 5813WCAB Rule 10561
References
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