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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7860847 & ADJ7860626
Regular
Nov 09, 2011

FERNANDO SARMIENTO vs. BLUE CHIP RECYCLING, WAUSAU UNDERWRITERS INSURANCE CO., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board has granted reconsideration in the case of Fernando Sarmiento versus Blue Chip Recycling and its insurers. This decision was made due to a petition filed by defendant Wausau Underwriters Insurance Company, necessitating further review of the factual and legal issues. The Board requires additional study of the record to ensure a just and reasoned decision. All future communications in this matter should be directed to the Board's Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWausau UnderwritersLiberty MutualFernando SarmientoBlue Chip RecyclingStatutory time constraintsFactual and legal issuesDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ1406771 (LAO 0726969) MF ADJ1468176 (LAO 0727001) ADJ555495 (LAO 0746656)
Regular
Dec 06, 2013

CARMEN SANCHEZ vs. CROWN CITY PLATING, WAUSAU UNDERWRITERS INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning Carmen Sanchez's claims against Crown City Plating and Wausau Underwriters. The Board affirmed the finding that Sanchez sustained industrial injuries to multiple body parts, including her back, resulting in 91% permanent disability, deeming the injuries' effects "inextricably intertwined." The decision clarified that the applicant's attorney's fees are to be awarded against the commuted value of the life pension. Furthermore, the Board upheld the order for Wausau/Liberty to adjust reimbursement rights with CIGA, reserving jurisdiction for future disputes.

Workers' Compensation Appeals BoardCarmen SanchezCrown City PlatingWausau Underwriters Insurance CompanyLiberty Mutual InsuranceCalifornia Insurance Guarantee Association (CIGA)HIH InsuranceReconsiderationFindings and AwardPermanent Disability
References
Case No. ADJ2102983 (OAK 0238102), ADJ10612430, ADJ8656036
Regular
Feb 07, 2020

BRANCO, BRUCE JORDAN vs. PACIFIC STEELCASTING COMPANY, WAUSAU UNDERWRITERS INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY, SEABRIGHT INSURANCE COMPANY, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY

This case involves appeals from WCJ decisions regarding cumulative injury and contribution liability against Seabright and CIGA. Following the applicant's death, the parties successfully resolved the widow's claim for accrued compensation and all contribution/reimbursement disputes through stipulations. The WCAB approved these stipulations, finding them adequate and in the widow's best interest, rescinding the prior WCJ decisions. An award of $18,913.66 was made to the widow, Shawn Branco, against Wausau Underwriters Insurance Company.

WCABCIGASeabright InsuranceWausau Underwriterscumulative injuryLabor Code section 4700Stipulationscompromise and releaseaccrued compensationsuccessor in interest
References
Case No. ADJ1406771 (LAO 0726969) ADJ1468176 (LAO 0727001) ADJ555495 (LAO 0746656)
Regular
Feb 01, 2013

CARMEN SANCHEZ vs. CROWN CITY PLATING, LIBERTY MUTUAL INSURANCE COMPANY, HIH INSURANCE by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, Wausau Underwriters Insurance Company

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award, returning the case to the trial level for further proceedings. The Board found the judge erred by considering specific injuries as part of a cumulative trauma, as this issue was already determined by res judicata. The Board also directed that benefits be awarded against either CIGA or Wausau, and any decision on reimbursement must conform to specific case law regarding CIGA's liability. The current administrator is to continue paying uncontested benefits pending further proceedings.

Workers' Compensation Appeals BoardReconsiderationJoint Findings Award OrderIndustrial InjurySpinePsycheHeartRight LegRight FootRight Ankle
References
Case No. ADJ8488097
Regular
Feb 15, 2019

JOHN ROBERTSON vs. BOSCO OIL, WAUSAU UNDERWRITERS INSURANCE, LIBERTY MUTUAL

This case involves John Robertson's workers' compensation claim against Bosco Oil, adjusted by Liberty Mutual. The Workers' Compensation Appeals Board denied Robertson's Petition for Reconsideration. This denial is based on the WCJ's report, which the Board fully adopts and incorporates. The specific reasons for the denial are detailed within the WCJ's report, which was not provided here.

Petition for ReconsiderationDenying PetitionWorkers' Compensation Appeals BoardWCJ's reportApplicantDefendantsBosco OilWausau Underwriters InsuranceLiberty MutualADJ8488097
References
Case No. ADJ9906817 ADJ9850975
Regular
May 16, 2019

ALEXANDER MARTINEZ RODRIGUEZ vs. SUPERCENTER CONCEPTS, INC, D/B/A SUPERIOR GROCERS, SAFETY NATIONAL CASUALTY INSURANCE, administered by HELMSMAN MANAGEMENT SERVICES, NUMERO UNO ACQUISITIONS, LLC D/B/A NUMERO UNO MARKET, INSURANCE COMPANY OF THE WEST, WAUSAU UNDERWRITERS INSURANCE COMPANY

Defendant Superior Grocers sought reconsideration of an approved Compromise and Release for applicant's claimed injuries. They argued the settlement failed to name all employers, did not account for prior disability payments, and omitted a fee hold for attorney splits. The Board dismissed the petition as premature because a trial is scheduled for May 22, 2019, where these issues can be properly addressed with evidence and testimony. Therefore, the Board found it lacked sufficient information to rule on the reconsideration request at this time.

Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeSet Aside OrderIndemnity AdvancesFee Split AgreementMultiple Body PartsMeat CutterSuperior Grocers
References
Case No. ADJ7311200
Regular
Aug 03, 2017

SEAN HARRIS vs. COAST CRANE COMPANY, EMPLOYERS INSURANCE OF WAUSAU, THUNDER MACHINE WORKS, AIX INSURANCE COMPANY, AEROTEK, ALLEGIS GROUP INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns a petition for reconsideration by defendant Wausau regarding an arbitrator's findings that applicant sustained industrial injury to his pulmonary system and upper extremities during a cumulative period. Wausau argued the claim was time-barred and that liability for upper extremity injury was improper. The Board denied Wausau's petition, finding Wausau failed to meet its burden of proof on the statute of limitations defense. The Board also determined that applicant properly amended his claim for upper extremities and that apportionment of liability based on days worked was appropriate.

Workers' Compensation Appeals BoardCoast Crane CompanyEmployers Insurance of WausauThunder Machine WorksAIX Insurance CompanyAerotekAllegis Group Insurance Companycumulative injurypulmonary systemupper extremities
References
Case No. ADJ9053637
Regular
Jan 10, 2015

ZINAIDA GOFNUNG vs. THIBIANT INTERNATIONAL, CYPRESS INSURANCE/BERKSHIRE HATHAWAY, LIBERTY MUTUAL INSURANCE/WAUSAU

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision. The original award incorrectly excluded Wausau/Liberty Mutual as a liable party. The Board clarified that Wausau/Liberty Mutual, having been properly joined to the cumulative trauma claim, had standing to petition for reconsideration. The decision was amended to specify that the award is against Cypress Insurance, with a right of contribution against Wausau/Liberty Mutual.

Petition for ReconsiderationWorkers' Compensation Appeals BoardJoinderCumulative TraumaSpecific InjuryMedical Legal EvaluatorsLabor Code §5500.5ArbitrationStandingContribution
References
Case No. ADJ4482163 (VNO 0264880)
Regular
Apr 05, 2010

CHARLES THOMPSON vs. LOCKHEED MARTIN, Employers Mutual of Wausau Insurance Company

The Workers' Compensation Appeals Board granted Wausau's petition for reconsideration to correct a coverage date error, finding Wausau's insurance coverage ended before the applicant's last year of injurious exposure. Consequently, Wausau was dismissed as a party defendant, and Lockheed Martin, self-insured and administered by Helmsman, was found solely liable for benefits. Helmsman's petition for reconsideration was denied due to its inadequacy and failure to comply with procedural rules. The original award of 83% permanent disability and need for future medical care was otherwise affirmed.

Workers' Compensation Appeals BoardLockheed MartinHelmsman Management ServicesEmployers Mutual of Wausau Insurance Companyindustrial injurypsychelungsneurologic systemcognitive dysfunctionpermanent disability
References
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