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

Case No. ADJ621008 (MON 0291717)
Regular
Sep 05, 2012

WILLIAM KEY vs. PRODUCTION PROCESSING, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, LEGION INSURANCE COMPANY, STONE STANLEY PRODUCTIONS, ST. PAUL TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a workers' compensation claim where the California Insurance Guarantee Association (CIGA), covering Legion Insurance, seeks reconsideration of an arbitrator's award. The arbitrator found both CIGA and Travelers, insurer for the special employer, jointly liable for the applicant's injury and ordered Travelers to reimburse CIGA for all benefits paid since Legion's liquidation. CIGA contested being required to continue administering medical treatment and the denial of pre-judgment interest from Travelers. The Board granted reconsideration to amend the award, ordering Travelers to administer future medical treatment, but affirmed the denial of pre-judgment interest to CIGA.

CIGALegion InsuranceProduction ProcessingStone Stanley ProductionsSt. Paul TravelersWilliam Keyindustrial injurylow backliquidationother insurance
References
Case No. ADJ7271617
Regular
Aug 27, 2012

LEONARD KEY vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL CORPORATION

This case involves applicant Leonard Key seeking workers' compensation benefits for an injury sustained while teaching a music production course. The defendant, Los Angeles County Office of Education (LACOE), contended that Key was an independent contractor and not an employee. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding that Key was an employee, emphasizing LACOE's control over the means and manner of his work, despite an independent contractor agreement. Key lacked control over class schedules, room assignments, and was paid hourly, weighing against independent contractor status. Therefore, the WCAB found that LACOE failed to meet its burden to prove Key was an independent contractor.

Workers' Compensation Appeals BoardLeonard KeyLos Angeles County Office of EducationCorvel CorporationADJ7271617Opinion and Decision After ReconsiderationWCJemployee statusindependent contractordirection and control
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. 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
Case No. ADJ4629950
Regular
Dec 21, 2012

JOHNNY BETTENCOURT vs. DONALD WILLIAMS, SAFECO INSURANCE COMPANY, UNINSURED EMPLOYERS' BENEFIT TRUST FUND DEPARTMENT OF INDUSTRIAL RELATIONS

The Uninsured Employers' Benefit Trust Fund (UEBTF) sought reconsideration, arguing Safeco's policy covered the applicant's injury. The Arbitrator previously ruled Safeco had no liability as its policy with Donald Williams did not include "comprehensive personal liability" insurance as required by Insurance Code section 11590. The Appeals Board affirmed this decision, finding the Safeco policy explicitly limited coverage to premises liability and lacked the necessary language for comprehensive personal liability coverage. Therefore, Safeco was correctly found not liable for the applicant's injury.

Uninsured Employers' Benefit Trust Fundcomprehensive personal liability insuranceLabor Code section 3351(d)Labor Code section 3352(h)Insurance Code section 11590premises liability insuranceSafeco Insurance CompanyDonald WilliamsJohnny Bettencourtworker's compensation coverage
References
Case No. ADJ2876358
Regular
Apr 06, 2020

LORI WILLIAMS vs. WEBCOR BUILDERS, ZURICH NORTH AMERICA INSURANCE

The Workers' Compensation Appeals Board dismissed Lori Williams' petition for reconsideration because it was filed untimely, more than 25 days after the WCJ's decision. Additionally, the petition failed to provide specific record citations as required by Board Rule 10945(b), placing an improper burden on the Board. Even if timely, the petition would have been denied on the merits based on the WCJ's report. Therefore, the petition is dismissed for both procedural deficiencies.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10945(b)Specific Record ReferencesEvidentiary StatementsAppellate ProceedingsWaiver of ArgumentDiscovery BurdenDenied on Merits
References
Case No. ADJ8438071
Regular
Jun 07, 2013

MONICA CONTRERAS vs. KELLER WILLIAMS REALTY, SACRAMENTO METRO; TOWER NATIONAL INSURANCE IRVINE

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding that Monica Contreras was an employee of Keller Williams Realty. The WCAB determined that the initial finding was erroneously based on the legal requirement for real estate agents to be associated with a broker, rather than a factual analysis of the control exercised by the defendant. The case is returned to the Administrative Law Judge for further proceedings and a new decision considering the factual relationship and the multi-factor test for employment status. The WCAB emphasized that the right to control the means and manner of work is the primary test.

Workers' Compensation Appeals BoardMonica ContrerasKeller Williams RealtyTower National InsurancePetition for ReconsiderationFindings of FactAdministrative Law JudgeEmployee StatusIndependent ContractorReal Estate Agent
References
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