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

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. 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 The Board rescinded an Order Limiting Subpoena Duces Tecum issued on August 16, 2016.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. 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
Case No. ADJ1617135 (VNO 0419995)
Regular
Sep 26, 2016

JOHN WILLIAMS, Johnny Williams vs. REGIONAL TRANSPORT, INC., STATE COMPENSATION INSURANCE FUND, SCIF

This case concerns a workers' compensation claim for Johnny Williams, who sustained an industrial injury in 2000. The defendant, State Compensation Insurance Fund (SCIF), sought reconsideration of a decision that limited their liability for chiropractic visits. SCIF argued that a 24-visit cap should apply, but the Workers' Compensation Appeals Board denied their petition. The Board found that the 24-visit cap applies only to injuries occurring on or after January 1, 2004, and Williams' injury predates this. Furthermore, the Board found that the chiropractic treatment provided was reasonable and necessary, supported by evidence and medical guidelines.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerChiropractic visitsMedical treatment utilization scheduleDate of injuryPermanent disabilityLien claimsReasonable and necessary treatmentACOEM Practice Guidelines
References
Case No. ADJ2875706 (STK 0185271)
Regular
Mar 02, 2020

APRIL PREMO WILLIAMS vs. THE HOME DEPOT

The Workers' Compensation Appeals Board denied April Williams' petition for reconsideration of a decision finding she sustained an industrial injury. Williams sought to disqualify defense counsel, Ray Stanek, alleging he represented adverse clients and failed to object to court violations of her rights. The Board found no evidence Stanek represented adverse clients, as Williams had never been his client. Furthermore, Stanek had no affirmative duty to act on Williams' behalf regarding alleged court misconduct. Consequently, the Board found no basis for disqualification and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAward and OpiniondisqualificationRay StanekAlbert & MackenzieHelmsman Management ServicesADAdue process
References
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