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Case Law Database

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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ4646082 (OAK 0341803)
Regular
Jul 22, 2016

WILLIAM MATEO vs. B&C TRANSIT CONSULTANTS, INC.

The Workers' Compensation Appeals Board granted reconsideration to increase the applicant's award by 10% under Labor Code section 4554 due to the employer's willful failure to secure workers' compensation insurance. The Board found that the employer failed to meet its burden of proving its uninsured status was not willful, despite stipulations of uninsured status. The applicant's attorney's fees were also increased to include 15% of the penalty award.

Labor Code section 4554Willful failure to secure compensationPrima facie evidence of willfulnessIncreased compensationUninsured employers fundPetition for reconsiderationFindings of Fact and AwardDecision after reconsiderationTemporary disability indemnityPermanent disability indemnity
References
Case No. ADJ1323538 (SAC 0305102)
Regular
Jul 20, 2010

BRUCE LOCKWOOD vs. C.C. MEYERS, INC., C.C. MEYERS, AN INDIVIDUAL

This case involves an applicant seeking increased compensation due to serious and willful misconduct by his employer, C.C. Meyers, Inc. The applicant sustained significant injuries when an excavator ran over his foot, leading to its amputation. The Appeals Board overturned the Workers' Compensation Judge's denial, finding that the employer's failure to provide a spotter for the excavator constituted serious and willful misconduct. This failure to provide a spotter, coupled with the employer's knowledge of the risks and intentional disregard for safety, was determined to be a proximate cause of the applicant's injury. As a result, the applicant's compensation will be increased by one-half.

Serious and Willful MisconductEmployer LiabilityIndustrial InjuryProximate CauseSafe Place of EmploymentFailure to Provide SpotterExcavator SafetyCalOSHA Safety Order 1592ReconsiderationWorkers' Compensation Appeals Board
References
Case No. ADJ8596014
Regular
Nov 07, 2018

DION GEORGE vs. KJI PLUMBING, INC., ZURICH AMERICAN INSURANCE COMPANY

This case involves a $\$ 750$ sanction imposed by a WCJ against defense counsel and KJI Plumbing for defense counsel's failure to appear at a hearing. The Appeals Board granted reconsideration, finding the failure to appear was due to defense counsel's negligence, not willful misconduct. Consequently, the Board reduced the sanction to $\$ 250$ and removed KJI Plumbing as a liable party, solely sanctioning defense counsel and his law office. The Board cautioned that future failures to appear could establish a pattern justifying larger sanctions.

Petition for ReconsiderationOrder Imposing SanctionsWCJDefense CounselJointly and SeverallyUninsured Employers Benefits Trust FundMandatory Settlement ConferenceDeclaration of ReadinessLabor Code § 5813WCAB Rule 10561
References
Case No. ADJ4704248 (SJO 0269173)
Regular
Feb 09, 2012

MATTHEW WILL (Deceased), DIANA WILL (Widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case concerns whether the deceased firefighter Matthew Will's minor children are entitled to continuation benefits beyond the standard death benefit. The defendant argued that continuation benefits under Labor Code section 4703.5 are only available when there is no surviving totally dependent parent, and since the widow qualifies, the children are not eligible. The Workers' Compensation Appeals Board affirmed the original award, holding that the amendment to section 4703.5 intended to augment benefits rather than restrict them. They found the reference to section 3501 was to clarify which children qualify, not to preclude benefits when a parent survives.

WCABMatthew WillDiana WillDepartment of Forestry and Fire ProtectionLegally UninsuredState Compensation Insurance FundReconsiderationFindings Award and OrderDeath BenefitsLabor Code section 4702
References
Case No. ADJ10173387; ADJ19907358; ADJ3052978; ADJ3882676; ADJ4063239; ADJ4429907; ADJ883851; ADJ8926536
Regular
Sep 22, 2025

AURORA MUNOZ vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

This case concerns an applicant's petition for reconsideration of a denial of increased benefits for serious and willful misconduct by her employer. The applicant, a bus driver, was injured when a passenger lift malfunctioned. The Board denied reconsideration, affirming the WCJ's finding that the employer did not engage in serious and willful misconduct, as they reasonably relied on a mechanic's report stating the vehicle was safe to operate after an electrical short. The Board also found no basis for a presumption of serious and willful misconduct due to the employer's alleged failure to respond to discovery requests, as such procedures are not typically applicable in workers' compensation proceedings.

Serious and Willful MisconductLabor Code Section 4553Vehicle Inspection ReportPassenger LiftMechanic's Opinion"OK to Drive"Knowledge of DangerIntentional ActReckless DisregardAdverse Inference
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ13228350
Regular
Jul 14, 2025

Paul Janikowski vs. Tesla Motors, Inc.

Applicant Paul Janikowski, a production associate at Tesla Motors, Inc., suffered severe leg and ankle injuries in 2019 due to a machine malfunction involving a conveyor and skids. He alleged serious and willful misconduct by Tesla, arguing that the company failed to provide adequate safety protocols and reduced the job from a two-person task to a one-person task, forcing him to cross an energized conveyor. Despite defendant's arguments that safety protocols were in place and the operation met industry standards, the Workers' Compensation Administrative Law Judge (WCJ) found that the applicant met his burden of proof. The Appeals Board denied Tesla's petition for reconsideration, affirming the WCJ's finding of serious and willful misconduct by the employer.

Serious and willful misconductLabor Code section 4553Petition for ReconsiderationFindings Order and AwardWCJCal OSHAMercer-FraserJohns-ManvilleHawaiian PineappleDowden
References
Case No. SAC 280551
Regular
Jul 10, 2007

JANET STROTH vs. ELK GROVE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an applicant teacher who sustained an industrial injury from a violent student. The Workers' Compensation Appeals Board initially awarded increased compensation for serious and willful misconduct by the employer, finding the employer knew of the student's violent propensities. However, the Court of Appeal annulled this award, holding that while the employer knew of the danger, there was insufficient evidence of a deliberate failure to act for the applicant's safety. Consequently, the Appeals Board has rescinded its prior decision and denied the serious and willful misconduct claim, returning the matter for further proceedings.

Serious and willful misconductRemittiturCourt of AppealEmployer's knowledgeDangerous conditionDeliberate failure to actTeacher injuryStudent misconductSchool bus incidentCompromise and release
References
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