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

Case No. VNO 0510043
Regular
Jan 11, 2008

JOSEPH HERRERA (Deceased) CONNIE HERRERA (Widow) vs. CITY OF MONTEBELLO, Permissibly Self-Insured, Adjusted By HAZELRIGG RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and amended a previous decision. The amended decision specifies the death benefit for the deceased applicant, Joseph Herrera, as $125,000.00, payable weekly from the date of death. The rest of the November 5, 2007 decision was affirmed.

Workers' Compensation Appeals BoardJoseph Herrera (Deceased)Connie Herrera (Widow)City of MontebelloHazelrigg Risk ManagementOpinion and Order Granting ReconsiderationDecision After ReconsiderationWCJ reportdeath benefit$\$ 125
References
Case No. GRO 0034594 GRO 0034827
Regular
May 22, 2008

WILLIAM BARKS vs. C & C TILE, PREFERRED EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's April 30, 2008 decision because the applicant informed the Board that the case is being settled. The prior decision has been rescinded, and the matter is returned to the trial level for further proceedings by the WCJ. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardReconsiderationRescindTrial LevelWCJSettlementPetition for ReconsiderationDecision After ReconsiderationApplicantDefendant
References
Case No. ADJ8237465
Regular
Jun 07, 2013

FABIAN HERNANDEZ vs. RBI FRAMING, DYNAMIC CLAIMS SERVICES, INC.

This case involves sanctions against applicant's counsel for filing a petition for reconsideration without justification and attempting improper discovery after submission. The Board found that counsel's arguments were disingenuous and failed to show good cause for their actions. Consequently, applicant's counsel was ordered to pay a $1,500 sanction jointly and severally.

WCABReconsiderationSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Applicant's CounselLaw Offices of Robin JacobsInc.Robin JacobsEsq.
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
Case No. ADJ9859155
Regular
Dec 03, 2016

WILLIAM LEE vs. AC TRANSIT

The Workers' Compensation Appeals Board granted a Petition for Removal concerning William Lee's case against AC Transit. The Board rescinded an Order Limiting Subpoena Duces Tecum issued on August 16, 2016. The matter has been returned to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge.

Petition for RemovalOrder Limiting Subpoena Duces TecumRescindedTrial LevelFurther ProceedingsDecision After RemovalWorkers' Compensation Appeals BoardWCJAC TransitYork Risk Services
References
Case No. ADJ8119563
Regular
Dec 05, 2016

MARTHA HERRERA vs. MARRIOTT INTERNATIONAL

This case involves a Petition for Removal filed by Marriott International (Defendant) with the Workers' Compensation Appeals Board (WCAB). The WCAB denied the petition, finding that removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The Board concluded that the applicant, Martha Herrera, did not demonstrate such harm, nor did she prove that reconsideration would be an inadequate remedy. Therefore, the WCAB adopted the WCJ's report and denied the removal petition.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyWCJ ReportDeniedCase No. ADJ8119563Marriott International
References
Case No. ADJ2359413 (VNO 0470470)
Regular
Jun 27, 2011

GERARDO RAMIREZ vs. WILLIAM ALONSO, UNINSURED EMPLOYERS FUND

This case concerns a worker injured on the job in 2003. The employer, William Alonso, argued the injured worker was not an employee due to specific Labor Code exclusions related to hours worked for residential projects. The Appeals Board granted reconsideration, finding the initial decision confusingly referenced inapplicable statutes. Ultimately, the Board rescinded the prior award, establishing that the applicant was an employee of Quality Building Services on the date of injury, based on a long-standing working relationship, the employer's control over projects, and business account payments.

Workers' Compensation Appeals BoardGerardo RamirezWilliam AlonsoQuality Building ServicesUninsured Employers FundADJ2359413VNO 0470470ReconsiderationEmployee StatusLabor Code Section 3351(d)
References
Case No. ADJ4453862 (VNO 0519650)
Regular
May 24, 2012

WILLIAM LANEY vs. CLARK PLUMBING & HEATING, STATE COMPENSATION INSURANCE FUND, CALIFORNIA COMPENSATION

This case involves applicant William Laney's petition for disqualification against defendants Clark Plumbing & Heating and their insurers. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Based on the record and the judge's reasoning, the Board denied the disqualification petition. Therefore, the Board issued an order formally denying Laney's request.

Petition for DisqualificationWorkers' Compensation Appeals BoardDenying DisqualificationAdministrative Law JudgeReportRecordAdopt and IncorporateDeniedVan Nuys District OfficeClark Plumbing & Heating
References
Case No. ADJ3383075 (GOL 0095638) ADJ1223663 (GOL 0095639)
Regular
Feb 08, 2010

RAQUELCARRENO vs. ISLANDS PUBLISHING CO.; CIGA;, WILLIAM KASCH; STATE FARM INSURANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing the original finding that the applicant was an employee of Islands Publishing Company on September 11, 2000. The Board determined the applicant was employed by homeowners William and Laurie Kasch at the time of her specific injury. For the cumulative trauma period, the Board found the applicant was employed by the Kasches throughout and also by Islands Publishing Company from October 2000 to March 2001. The Board's decision focused solely on employment status, deferring other issues.

Workers' Compensation Appeals BoardApplicantDefendantCase Nos.Opinion and Orders Granting ReconsiderationDecision After ReconsiderationState Farm Insurance CompanyCalifornia Insurance Guarantee Association (CIGA)Fremont Compensation InsuranceIslands Publishing Company
References
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