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

Case No. ADJ6710001 (ANA) MF ADJ7803228 (ANA) ADJ8017966 (ANA) ADJ8064588 (ANA) ADJ8262934 (ANA) ADJ9093396 (ANA) ADJ9076943 (ANA) ADJ9083545 (SDO) ADJ6925792 (ANA) ADJ8907815 (ANA) ADJ8819925 (ANA) ADJ9087879 (ANA) ADJ9093460 (ANA) ADJ8443963 (ANA) ADJ6829099 (ANA) ADJ6843222 (ANA)
Regular
May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND

This case concerns the New York State Insurance Fund's (NYSIF) liability for workers' compensation claims filed by former New York Giants employees. NYSIF argued it was not liable due to sovereign immunity and limitations in its New York-centric insurance policies. The Workers' Compensation Appeals Board affirmed the Arbitrator's decision, finding that Coverage B of the policy broadly indemnified the Giants for employee injuries sustained "wherever such injuries may be sustained," without clear exclusionary language. This coverage extended despite NYSIF's arguments about its New York origin and lack of authorization to write insurance in California. The Board also deferred the jurisdictional question for individual claims to the Workers' Compensation Judge.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York Giantssovereign immunitycomitycoverageextraterritorial injuriesinsurance policy interpretationCoverage Bbusiness operations
References
Case No. ADJ6710001 (ANA) MF ADJ7803228 (ANA) ADJ8017966 (ANA) ADJ8064588 (ANA) ADJ8262934 (ANA) ADJ9093396 (ANA) ADJ9076943 (ANA) ADJ9083545 (SDO) ADJ6925792 (ANA) ADJ8907815 (ANA) ADJ8819925 (ANA) ADJ9087879 (ANA) ADJ9093460 (ANA) ADJ8443963 (ANA) ADJ6829099 (ANA) ADJ6843222 (ANA)
Regular
May 07, 2015

LARRY WATKINS, GORDON BELL, DANIEL BUGGS, JAMES STIENKE, WILLIAM BRYANT, RONALD JOHNSON, ROBERT HYLAND, WALKER GILLETTE, REGGIE RUCKER, ANDREW SELFRIDGE, DOUG VAN HORN, ANANIAS CARSON, JACK GREGORY, THOMAS MULLEN, WILLIE YOUNG, JOHN HICKS vs. NEW YORK GIANTS, NEW YORK STATE INSURANCE FUND, et al.

The Workers' Compensation Appeals Board affirmed an Arbitrator's decision finding the New York State Insurance Fund (NYSIF) liable for workers' compensation claims against the New York Giants. Despite NYSIF's claims of sovereign immunity and limitations to New York coverage, the Board found that the policy's Coverage B provided indemnity for injuries sustained by employees "wherever such injuries may be sustained." The Board emphasized that insurance policy exclusions must be clear, and NYSIF failed to demonstrate any such limitations for injuries occurring outside New York, especially given the team's extensive operations outside the state. The Board also noted that NYSIF's contentions regarding California jurisdiction would be determined on a claim-by-claim basis.

Workers' Compensation Appeals BoardNew York State Insurance FundNew York GiantsSovereign ImmunityComityCalifornia JurisdictionCoverage BOut-of-State InjuriesInsurance Policy LimitationsIndemnify
References
Case No. ADJ10857121
Regular
Sep 13, 2022

GEORGE ZEBER vs. NEW YORK YANKEES, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant George Zeber's claim against the New York Yankees and Travelers Indemnity Company. The Board amended the prior decision to defer the issue of insurance coverage to mandatory arbitration. Findings were amended to reflect that Travelers Indemnity Company insured the employer from April 5, 1976, to April 5, 1977, and the award was clarified to be against Travelers for future medical treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationInsurance CoverageMandatory ArbitrationCumulative Trauma PeriodMedical TreatmentMedical Record DevelopmentStatute of LimitationsPermanent DisabilityUSF&G
References
Case No. ADJ7650146
Regular
Dec 11, 2013

ZHIWEN YAN vs. BICYCLE CLUB CARD & CASINO, YORK RISK SERVICES

This case involves an applicant, Zhiwen Yan, and defendants Bicycle Club Card & Casino and York Risk Services. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the petition being untimely and unverified, as detailed in the administrative law judge's report. Therefore, the WCAB ordered the petition dismissed.

Petition for ReconsiderationDismissedUntimelyUnverifiedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationBicycle Club Card & CasinoYork Risk ServicesZhiwen Yan
References
Case No. ADJ3974267 (VNO 0540589) ADJ9338120
Regular
Oct 27, 2014

DIANN DOUGHTY vs. WAL-MART ASSOCIATES, INC., YORK INSURANCE COMPANY

This case involves Diann Doughty's Petition for Reconsideration against Wal-Mart Associates, Inc. and York Insurance Company. The Workers' Compensation Appeals Board dismissed the petition. The dismissal was based on the reasons outlined in the administrative law judge's report, which the Board adopted. Additionally, the petition was dismissed as it was unverified, a procedural defect under Labor Code Section 5902.

Petition for ReconsiderationDismissalUnverified PetitionLab. Code § 5902Lucena v. Diablo Auto BodyWorkers' Compensation Appeals BoardAdministrative Law JudgeWal-Mart AssociatesInc.York Insurance Company
References
Case No. ADJ10946930, ADJ10946848, ADJ10902572
Regular
Jan 13, 2020

Angelica Ruiz vs. Charter Oak Unified School District, York Risk Services

This case involves a Petition for Removal filed by the applicant, Angelica Ruiz, against Charter Oak Unified School District and York Risk Services. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that Ruiz failed to demonstrate substantial prejudice or irreparable harm would result from denial. The WCAB also determined that reconsideration would be an adequate remedy should an adverse decision issue later. Furthermore, the Board noted that sufficient time had passed for either party to place the matter back on the calendar.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportAdministrative Law JudgeExtraordinary RemedyFinal DecisionDeclaration of Readiness
References
Case No. ADJ4429217 (LAO 0857322)
Regular
May 13, 2011

DARIO BARRAGAN vs. LAURENCE AND HOVENIER, INC., Permissibly Self-Insured, Adjusted By YORK CLAIMS SERVICES

The WCAB granted reconsideration to correct clerical errors regarding the employer's identity and the commencement date for permanent disability payments. The Board affirmed the WCJ's decision, finding industrial injury to the applicant's spine, shoulder, wrist, ankle, knee, and psyche. The decision noted that the employer was Laurence and Hovenier, Inc., self-insured and adjusted by York Claims Services, and that permanent disability payments were due starting August 31, 2006, not 2008. Defendant's arguments regarding the psyche injury and diminished future earning capacity were not elaborated on in this amendment but were implicitly addressed by the affirmance.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary Total DisabilityPermanent DisabilityApportionmentAgreed Medical EvaluatorPetition for ReconsiderationDiminished Future Earning CapacityClerical ErrorPermissibly Self-Insured
References
Case No. ADJ7486243
Regular
May 23, 2011

WALTER ROSS III vs. SOUTHGATE PARKS AND RECREATION DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

This case involves a Petition for Removal filed by Applicant Walter Ross III against Southgate Parks and Recreation District and York Insurance Services Group. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the WCJ's report. Finding no grounds for removal, the WCAB adopted the WCJ's reasoning and denied the petition. The order officially denies Walter Ross III's petition for removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDeny RemovalSouthgate Parks and Recreation DistrictYork Insurance Services GroupADJ7486243Oakland District OfficeDecision and OrderAdministrative Law Judge
References
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
Case No. ADJ1530005 (AHM 0136961)
Regular
Jun 29, 2012

IRENE NAVARRO vs. ROWLAND UNIFIED SCHOOL DISTRICT; YORK

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition for reconsideration. The WCAB adopted the administrative law judge's report and found the petition unintelligible, failing to meet requirements for specific evidence references. Specifically, the lien claimant made unsupported allegations regarding physician referrals and guideline compliance. Therefore, the petition was denied.

WORKERS' COMPENSATION APPEALS BOARDIRENE NAVARROROWLAND UNIFIED SCHOOL DISTRICTYORKADJ1530005ORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJWCAB Rule 10842
References
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