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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

Cook v. Pension Benefit Guarantee Corp.

The Trustees of the Local 852 General Warehouseman’s Union Pension Fund sued the Pension Benefit Guarantee Corporation (PBGC) seeking reimbursement for pension benefits paid to retirees of two closed warehouses. The Fund argued for recovery based on equitable estoppel, asserting detrimental reliance on an initial PBGC determination that it would guarantee these benefits. The PBGC moved for summary judgment, contending that estoppel against a federal agency requires a showing of affirmative misconduct or manifest injustice. The Court found no evidence of affirmative misconduct by the PBGC and concluded that its change in determination, made to conform with Congressional intent, did not constitute manifest injustice. Consequently, the Court granted the PBGC's motion for summary judgment, ruling that equitable estoppel was inapplicable.

Equitable EstoppelFederal Agency EstoppelSummary JudgmentERISAPension BenefitsMulti-employer PlanPension Benefit Guarantee Corporation (PBGC)Affirmative MisconductManifest InjusticeDetrimental Reliance

References

Case No. ADJ2419502 (MON 0329358) ADJ4501373 (MON 0326365)

Regular

Oct 24, 2011

MACK JARAMILLO vs. COCA COLA BOTTLING CO., Permissibly Self-Insured

This case involves a warehouseman seeking workers' compensation for cumulative and specific injuries resulting in severe physical and psychological impairments. The applicant was awarded 100 percent permanent disability, including further medical treatment, for his specific injury. The defendant sought reconsideration, arguing the 100 percent permanent disability rating was improperly calculated by disregarding the AMA Guides' Combined Values Chart. The Appeals Board denied reconsideration, finding the WCJ properly determined the applicant was totally disabled "in accordance with the fact" under Labor Code Section 4662, supported by substantial evidence of total loss of earning capacity.

WCABPetition for ReconsiderationFindings and OrderFindings and Awardstipulationindustrial injurycervical spinelumbar spinepsycheseizure disorder

References

Case No. ADJ9115073

Regular

Jul 21, 2014

JOSE CANALES vs. MURRAY COMPANY, OLD REPUBLIC GENERAL INSURANCE

This case involves Jose Canales, an applicant for workers' compensation, who claimed cumulative trauma injury to his neck, arms, and back from his work as a warehouseman/tool maintenance. The defendant, Murray Company, contested the claim, arguing insufficient medical evidence of industrial causation and a post-termination filing defense under Labor Code section 3600(a)(10). The Appeals Board affirmed the WCJ's decision, finding that Canales sustained an industrial injury and that his claim was not barred. The Board concluded that Canales first suffered disability on May 10, 2013, after his termination, when he was diagnosed with temporary total disability by his chiropractor. Therefore, the post-termination affirmative defense was inapplicable, and the petition for reconsideration was denied.

Cumulative trauma injuryLabor Code section 3600(a)(10)Post-termination defenseIndustrial causationSubstantial medical evidenceTreating chiropractorIndustrial nature of injuryDate of injuryCompensable consequenceTemporary disability

References

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Cook v. Pension Benefit Guarantee Corp.

MACK JARAMILLO vs. COCA COLA BOTTLING CO., Permissibly Self-Insured

WCABPetition for ReconsiderationFindings and OrderFindings and Awardstipulationindustrial injurycervical spinelumbar spinepsycheseizure disorder

JOSE CANALES vs. MURRAY COMPANY, OLD REPUBLIC GENERAL INSURANCE