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

Case No. ADJ9685765
Regular
Feb 09, 2015

MARTIN VAN DOORN vs. WEST VALLEY CONSTRUCTION COMPANY, INC., ZURICH AMERICAN INSURANCE COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case concerns a petition for reconsideration by West Valley Construction Company and Zurich American Insurance Company regarding a prior decision that reversed an arbitrator's finding. The arbitrator had barred the applicant's claim for specific injuries to his neck and back due to the statute of limitations. The defendants argued the applicant's petition was procedurally defective and that the Board did not properly weigh evidence. The Board denied reconsideration, finding the applicant's amended petition cured any initial defects and that the defendants were not prejudiced by the form of the original filing. The Board affirmed its previous decision based on its prior reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsSpecific InjuryCumulative InjuryProcedural DefectVerificationCase NumberArbitrator's FindingsDecision After Reconsideration
References
Case No. ADJ8944426, ADJ8942895
Regular
Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant sustained injury arising out of and in the course of employment. Defendants argued certain exhibits were improperly admitted due to lack of service and that the decision was vague. The Board adopted the WCJ's report, which found the exhibits were properly admitted or any error was harmless, and that the decision adequately addressed the stipulated facts. The WCJ's report detailed why the exhibits were admissible despite service issues and explained that further clarification on body parts or liability was not required at this stage of the proceedings.

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report
References
Case No. ADJ10838822
Regular
Jan 03, 2020

ERNESTO NORIEGA vs. ROYAL CABINETS, TRAVELERS PROPERTY CASUALTY COMPANY, INSURANCE COMPANY OF THE WEST, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Ernesto Noriega's petition for reconsideration. The Board found that the medical opinions of Drs. Levine and Harris were not substantial evidence. These opinions failed to adequately support a finding of injury arising out of and occurring in the course of employment due to being based on incorrect facts, history, or legal theories. Therefore, the prior decision stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeSubstantial EvidenceMedical OpinionAOE/COEInjuryRoyal CabinetsTravelers Property Casualty CompanyInsurance Company of the West
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. ADJ12345287
Regular
Jun 17, 2025

TOMAS OSORIO vs. MISSION RUBBER COMPANY LLC, PERSONNEL STAFFING GROUP aka RITE STAFF, INC., KALIFORNIA BUSINESS STAFFING LLC, INSURANCE COMPANY OF THE WEST

The Petition for Removal of the decision issued on April 30, 2025 has been withdrawn by petitioner. Therefore, it will be dismissed.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ12345287Mission Rubber CompanyPersonnel Staffing GroupRite StaffXL Insurance CompanyGallagher Bassett
References
Case No. ADJ7195364
Regular
Sep 09, 2013

ANGELINA ALDAZ vs. CALIFORNIA CEREAL COMPANY, INSURANCE COMPANY OF THE WEST

This case, concerning Angelina Aldaz against California Cereal Company and its insurer, has resulted in an order dismissing the Petition for Reconsideration. The petitioner voluntarily withdrew their reconsideration request. Consequently, the Workers' Compensation Appeals Board has officially dismissed the petition.

Petition for ReconsiderationWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardAngelina AldazCalifornia Cereal CompanyInsurance Company of the WestADJ7195364Oakland District OfficeFrank M. Brass
References
Case No. FRE 186612
Regular
Mar 26, 2008

, Jose Maravilla, vs. , JOSE AND FLORENCIA ALVERNAZ and CIGA, by CAMBRIDGE INTERGRATE SERVICES for FREMONT INSURANCE COMPANY, in liquidation; LIBERTY MUTUAL INSURANCE COMPANY; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS

This case involves Liberty Mutual/Golden Eagle Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma injury to both knees. The WCAB denied reconsideration, finding the Statute of Limitations defense was waived and that the *Benson* case regarding allocation of disability cause was not applicable as there was only one industrial injury. The WCAB adopted the WCJ's report in its entirety for its denial.

Workers' Compensation Appeals BoardJose MaravillaJose and Florencia AlvernaCIGAFremont Insurance CompanyLiberty Mutual Insurance CompanyCalifornia Indemnity Insurance CompanyGAB RobinsFRE 186612Opinion and Order Denying Petition for Reconsideration
References
Case No. ADJ13571625
Regular
Apr 12, 2023

MARITZA CANALES vs. EAST WEST EYE INSTITUTE, INC., NOVA CASUALTY COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration by Nova Casualty Company, the insurer for East West Eye Institute, Inc., challenging a finding of joint employment. The applicant, Maritza Canales, worked as a nanny/housekeeper, receiving simultaneous payments from East West/Premier Practice Management (PPM) and an individual, Naomi Kurata. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the judge's report which found sufficient connection to East West/PPM to establish employment based on payroll and benefits provided. The judge also found Naomi Kurata credible, rejecting arguments of witness contradiction and mischaracterization of facts regarding overtime pay.

JOINT EMPLOYMENTALTER EGOEMPLOYMENT FOLLOWS PAYROLLCORPORATE ENTITIESRESIDENTIAL EMPLOYEEHOMEOWNER'S INSURANCEWITNESS CREDIBILITYCOMPENSATION JUDGEPETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARD
References
Case No. ADJ2321368 (AHM 0118316) ADJ4304697 (AHM 0118317) ADJ2426051 (AHM 0118318)
Regular
May 20, 2008

Douglas Dees vs. SOUTH COAST PLAZA SECURITY, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN SAFETY CASUALTY COMPANY

This case concerns an applicant's industrial injury to his right foot. The Board granted reconsideration and amended the original order to reflect that Everest National Insurance Company is solely responsible for administering benefits, based on their prior stipulation that the injury occurred through January 13, 2004. The issue of the precise "date of injury" for liability allocation purposes was deferred, allowing Everest the opportunity to file for contribution. The Board otherwise affirmed the original findings.

Workers' Compensation Appeals BoardSouth Coast Plaza SecurityEverest National Insurance CompanyAmerican Safety Casualty CompanyDouglas DeesPetition for ReconsiderationJoint Findings and OrdersWorkers' Compensation Judge (WCJ)Industrial InjuryBack Injury
References
Case No. ADJ9090850
Regular
Jun 28, 2017

VINCE FERRAGAMO vs. ST. LOUIS RAMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY, in liquidation, HOME INSURANCE COMPANY, in liquidation, BUFFALO BILLS, INC., GREEN BAY PACKERS, NORTHWESTERN NATIONAL INSURANCE COMPANY merged with HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardVince FerragamoSt. Louis RamsFremont Indemnity CompanyHome Insurance CompanyBuffalo BillsGreen Bay PackersNorthwestern National Insurance CompanyHighlands Insurance Companycumulative trauma
References
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