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

Case No. ADJ9343159, ADJ1368987 (MON0362038)
Regular
Sep 15, 2017

JAMES ISAAC vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition as procedurally improper. United Airlines filed a "Petition to Set Aside Order Approving Compromise and Release" instead of the correct "Petition for Reconsideration." The WCAB will return the matter to the Workers' Compensation Judge (WCJ) to address United Airlines' original petition. This ruling does not substantively rule on the merits of setting aside the compromise and release.

Petition to Set AsideOrder Approving Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDismissedGallagher Bassett ServicesUnited AirlinesADJ9343159ADJ1368987
References
Case No. AHM 0077308 AHM 0075910
Regular
Jul 30, 2007

CLIFFORD GAMBLE vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, ET AL.

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition for reconsideration as untimely filed. United Airlines sought to clarify VRMA liability, arguing it shouldn't extend to periods the applicant interrupted rehabilitation services. The WCAB found no bad faith or frivolousness, noting the petition was a reasonable attempt to clarify a potential ambiguity in the original decision.

Workers' Compensation Appeals BoardUnited AirlinesGallagher Bassett ServicesClifford GamblePetition for ReconsiderationDecision After RemittiturVocational Rehabilitation Maintenance AllowanceVRMAQualified Injured WorkerTimely Filing
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. ADJ7167333; ADJ7167413
Regular
Mar 24, 2015

ROSA LOPEZ vs. SUPERIOR CENTER CONCEPTS, INC., CARE WEST and PEGASUS RISK MANAGEMENT, PATRIOT RISK SERVICES for CIGA

In this workers' compensation case, CIGA sought reconsideration of a decision finding it liable for a portion of medical treatment and legal expenses. CIGA argued that because Care West provided "other insurance," it should not be liable. However, the Board denied CIGA's petition, upholding the original findings. This decision was based on a prior stipulation between Ullico (whose claims CIGA now administers) and Care West, which contractually apportioned liability. The Board found that CIGA is bound by this pre-liquidation stipulation, which supersedes CIGA's statutory exclusion for claims covered by other insurance.

CIGAUllicoCare WestPatriot Risk ServicesPegasus Risk ManagementSuperior Center Concepts Inc.Rosa LopezPetition for ReconsiderationFindings and OrderCompromise and Release
References
Case No. ADJ9082146
Regular
Nov 24, 2015

ARNOLDO CHAVARRIA vs. SUNWEST METALS, INC., STAR INSURANCE COMPANY

This case involves a dismissed petition for reconsideration of a $30,000 compromise and release agreement. The applicant sought to withdraw his agreement after the order approving the settlement. The petition was dismissed due to a lack of proper verification, as the applicant's signature line was typed and not personally signed. Furthermore, the petition was considered "skeletal" for failing to specify supporting evidence or legal principles.

Petition for ReconsiderationCompromise and ReleaseVerificationUnverified PetitionSkeletal PetitionJudicial NoticeDismissalLabor Code Section 5902Workers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ578550 (SRO 0141469)
Regular
Nov 17, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, adjusted by Intercare for Paula Insurance, now in liquidation

The Workers' Compensation Appeals Board denied Majestic Insurance Company's petition for reconsideration. Majestic argued the Board erred by granting an unverified petition from CIGA and that amending the award to include medical treatment violated Labor Code section 5804. The Board found that failure to verify a petition is not a jurisdictional defect and that they had discretion to proceed. They also clarified that the WCJ did find a need for medical treatment, and its omission was a clerical error within their power to correct in an ongoing case.

ADJ578550CIGAMajestic Insurance CompanyPetition for Reconsiderationsuccessive petitionunverified petitionjurisdictional defectclerical errorLabor Code section 5804medical treatment award
References
Case No. ADJ6721897
Regular
May 15, 2012

ERIC BOLDEN vs. UNITED AIRLINES

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in the case of Bolden v. United Airlines. The Board rescinded the WCJ's prior decision and returned the matter for further proceedings and a new decision. This action is not a final determination of the case's merits. Both parties retain their rights regarding future appeals.

Petition for ReconsiderationWCJ's ReportGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelWorkers' Compensation Appeals BoardEric BoldenUnited Airlines
References
Case No. SAC 289384
Regular
Apr 04, 2008

NICK MILIVOJEVICH vs. UNITED AIRLINES

This case involves a clerical error in a prior award of attorney's fees for applicant Nick Milivojevich against United Airlines. The Workers' Compensation Appeals Board corrected the award to reflect the correct appellate attorney's fees of $\$ 6,050.00$ and disallowed costs, maintaining its continuing jurisdiction to rectify such errors. The corrected award is payable to Farrell, Fraulob & Brown, A Professional Corporation.

Workers' Compensation Appeals BoardClerical ErrorOpinion and AwardAttorney's FeesAppellate Attorney's FeesCostsContinuing JurisdictionToccalinoMorganUnited Airlines
References
Case No. ADJ8490774
Regular
Jan 06, 2014

JAIME ROSPIGLIOSI vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) denied United Airlines' petition for removal. The defendant's request for a new Qualified Medical Examiner (QME) was denied because the original QME selection process was valid and timely. The WCAB found the petition lacked merit, bordered on frivolous, and admonished defense counsel for failing to include their State Bar number. The existing QME's reports will stand, and the case will proceed without further delay.

Petition for RemovalWCABUnited AirlinesGallagher Bassett ServicesPQMEPanel QMEDr. CremetaMedical Unit8 CCR 30(b)duplicative request
References
Case No. ADJ6909532
Regular
Mar 01, 2010

TRINA HOLA vs. SOUTHWEST AIRLINES, PSI

The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed by Trina Hola against Southwest Airlines. The WCAB reviewed the petition and the administrative law judge's report. Based on their review and the judge's report, the WCAB denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardSouthwest AirlinesXchangingadministrative law judge reportdeny removalTRINA HOLAADJ6909532unassigned district officejudicial review
References
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