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

Case No. SFO 0499272
Regular
Jul 07, 2008

Helen Miller vs. Green Gulch Farm and Zen Center, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that Helen Miller was an employee of Green Gulch Farm and Zen Center and sustained an industrial injury to her left ankle. The Board found Miller was not a volunteer due to the extensive benefits received and the employer's control, and her jogging injury during a lunch break was a reasonable expectancy of employment, not barred by Labor Code section 3600(a)(9). Therefore, her injury arose out of and occurred in the course of her employment.

Workers' Compensation Appeals BoardHelen MillerGreen Gulch Farm and Zen CenterEverest National InsuranceGallagher BassettSFO 0499272Opinion and Decision After ReconsiderationLabor Code Section 3351Labor Code Section 3352(i)Employee definition
References
Case No. ADJ2161987 (FRE 0162457) ADJ253219 (FRE 0162458) ADJ1820437 (FRE 0173868)
Regular
Mar 07, 2014

RAMONA FARLEY vs. LINDSAY HOSPITAL C/O SIERRA VIEW LOCAL HEALTH CARE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR CAL COMP, in liquidation by INTERCARE

This Workers' Compensation Appeals Board (WCAB) case involves applicant Ramona Farley against Lindsay Hospital and its insurer, with the California Insurance Guarantee Association (CIGA) also involved due to liquidation. The WCAB issued an order dismissing a petition for reconsideration that had been filed by one of the parties. This dismissal is based solely on the petitioner's subsequent withdrawal of that very petition. No substantive issues regarding the original decision were addressed in this dismissal order.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationLiquidationIntercareADJ2161987ADJ253219ADJ1820437
References
Case No. ADJ9198868
Regular
Aug 19, 2014

CURTIS GREEN vs. JBS USA, INC., AMRICAN ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Curtis Green's Petition for Reconsideration. Green claimed injury from a fall during an interview for a Human Resource Generalist position with JBS USA, Inc. The Board affirmed the WCJ's finding that Green was not an employee at the time of the interview, as no employment contract or relationship existed. Therefore, his injury did not arise out of and occur in the course of employment, and he was awarded nothing.

WCABPetition for ReconsiderationHuman Resource Generalistfall from chairtryoutemployment relationshipprospective employerbusiness visitorcontractual relationshippreponderance of the evidence
References
Case No. ADJ976241 (VNO 0301388)
Regular
Feb 14, 2013

JACQUELINE GREEN vs. GENERAL MOTORS, ARROWOOD INDEMNITY INSURANCE CO.

Applicant Jacqueline Green and lienholder Theodore Green filed a document over a year late, seeking to overturn an approved Compromise and Release (C&R). The C&R clearly stipulated the dismissal of Theodore Green's liens with prejudice, a term signed by both Jacqueline and Theodore. As the petition for reconsideration was untimely filed, exceeding the 20-day limit, the Board lacked jurisdiction. Consequently, the Board dismissed their motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseLien ClaimantDismissal with PrejudiceUntimely PetitionLabor Code section 5903Non-medical BenefitsPermanent Disability
References
Case No. ADJ9763181
Regular
Oct 08, 2018

JUAN GONZALEZ (Deceased), MARIA RIVAS GONZALEZ (Widow), DIOSELINA GONZALEZ, et al. (Dependents) vs. SOUTH GREEN TRANSPORTATION, MARKEL INSURANCE SERVICES

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding the deceased was an employee of South Green Transportation. The defendant argued the decedent was actually employed by his daughter and that finding South Green Transportation as sole employer could lead to public policy violations. The WCAB denied reconsideration, adopting the WCJ's report that found no evidence the daughter was an employer. The Board affirmed that an employee can have multiple employers, and South Green Transportation was liable as the entity directing the decedent's work.

Dual EmploymentSpecial EmployerGeneral EmployerIndustrial InjuryEmployee StatusLabor Code Section 3300Labor Code Section 3351Labor Code Section 3357Joint and Several LiabilityPetition for Reconsideration
References
Case No. ADJ11027661
Regular
Feb 13, 2025

SEAN GREENE vs. STOCKTON UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied Sean Greene's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will occur, and reconsideration would be inadequate. The Board found no such showing in Greene's petition, referencing the judge's report on the merits of the arguments. Therefore, the petition was denied, and the case will proceed normally.

Petition for RemovalAppeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyStockton Unified School DistrictKeenan & AssociatesCortez v. Workers' Comp. Appeals Bd.
References
Case No. SJO 0258870
Regular
Jul 29, 2008

WARREN BROWER vs. DAVID JONES CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a decision that found it premature to determine permanent disability due to not reaching maximum medical improvement, despite temporary disability payments ending at the statutory 104-week cap. The Appeals Board denied reconsideration, agreeing that the applicant remains temporarily totally disabled and has not reached a permanent and stationary status, as per the agreed medical evaluator. Therefore, the applicant is not yet entitled to permanent total disability benefits.

Warren BrowerDavid Jones ConstructionState Compensation Insurance FundSJO 0258870Petition for ReconsiderationFindings and Ordertemporary disabilitypermanent disabilitymaximum medical improvementaggregate disability payments
References
Case No. ADJ6705983
Regular
Mar 28, 2013

JACOB GREEN vs. SEATTLE SEAHAWKS, SAN FRANCISCO 49ERS, NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further development of the record. The Board found the initial decision lacked substantial evidence regarding the date of injury and specifically injured body parts. The case is remanded to determine if the applicant sustained industrial injury while employed by the San Francisco 49ers and to clarify medical opinions on the cumulative trauma period. The applicant's election to proceed solely against the 49ers was deemed permissible, though contribution issues with prior employers remain for future litigation.

Jacob GreenSeattle SeahawksSan Francisco 49ersNational Union Fire InsuranceCCMSIWCABReconsiderationCumulative InjuryPermanent DisabilityStatute of Limitations
References
Case No. ADJ3301952 (POM 0298904) ADJ6774915 ADJ7102389
Regular
Jul 10, 2012

DARLENE ROWE vs. HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT, INTERCARE INSURANCE

The Workers' Compensation Appeals Board denied Darlene Rowe's petition for reconsideration, upholding the WCJ's finding that she did not sustain industrial injury to her back, knee, or upper extremities. The Board found that Applicant's counsel misunderstood the burden of proof and the medical dispute resolution procedures. Specifically, the Board noted that Dr. Green's reports were the sole medical evidence, and even if insufficient, it meant Applicant failed to meet her burden. Furthermore, the Board clarified the proper procedures for initiating evaluations under Labor Code sections 4060 and 4062, placing the onus on Applicant's counsel to ensure necessary evaluations were conducted by the Agreed Medical Evaluator.

Workers' Compensation Appeals BoardDarlene RoweHacienda La Puente Unified School DistrictIntercare InsuranceOrder Denying Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workers' Comp. Appeals Bd.industrial injuryback
References
Case No. ADJ8470184, ADJ8470181, ADJ8470183
Regular
Dec 30, 2013

JOSE VASQUEZ vs. CARDENAS MARKETS, INC., CARL WARREN & COMPANY

This Workers' Compensation Appeals Board decision grants the applicant's Petition for Reconsideration. The Board affirms the prior award concerning injuries to the right elbow, wrist, hand, nose, and associated sleep loss. However, the Board defers the decision on the applicant's cumulative trauma claim (ADJ8470184) to allow for further development of the medical record. This follows the WCJ's recommendation that additional input from medical experts is needed before a final determination on the cumulative trauma issue.

Workers' Compensation Appeals BoardJose VasquezCardenas MarketsInc.Carl Warren & CompanyADJ8470184ADJ8470181ADJ8470183Joint Findings and AwardWCJ
References
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