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

Case No. GRO 024430
En Banc
Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption
References
Case No. ADJ16790828
Regular
Nov 10, 2025

Surinder Singh vs. S Line Transportation, Ajaib Singh Kahlon, Uninsured Employers Benefit Trust Fund

This case concerns Surinder Singh's petition for reconsideration regarding a WCJ's finding that he was not an employee of S Line Transportation. The Workers' Compensation Appeals Board granted the petition, rescinded the WCJ's July 15, 2025 decision, and remanded the matter for further proceedings. The Board found the record to be inadequate and inconsistent, citing issues with unauthenticated evidence, unclarified bank statements indicating payments for "yard security guard" services, and the late joinder of Ajaib Singh Kahlon as a defendant. Emphasizing due process, the Board instructed that the record be further developed and the employment status be re-evaluated using the "ABC test" as codified in Labor Code section 2775.

Employment statusIndependent contractorSecurity guardPort of OaklandYard operationsAsylum claimLoan repaymentSubstantial evidenceAdmitted evidenceDeveloping the record
References
Case No. ADJ4198621 (VNO 0495392)
Regular
Sep 28, 2012

ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the decedent's earning capacity for calculating death benefits following his fatal industrial injury. The defendant, SCIF, argues the judge's finding that the decedent was promoted to backhoe operator and had the earning capacity of that role lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings due to an inadequate record. The Board emphasized the need for a proper evidentiary record detailing the decedent's employment, qualifications, and earnings before a determination can be made.

Workers' Compensation Appeals Boarddeath benefitsearning capacitybackhoe operatorpromotionactual wagesLabor Code section 4453average weekly earningsunion representativeprevailing hourly wage
References
Case No. ADJ9813999
Regular
Jan 31, 2018

JOSEPH MORGAN vs. SYSTEMS OPERATIONS SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that applicant Joseph Morgan was an independent contractor. The WCAB found that Morgan was an employee of Systems Operations Services (SOS) because SOS exercised pervasive control over his work. Factors supporting this decision include SOS providing tools, housing, and a vehicle, dictating work hours and locations, and Morgan's work being an integral part of SOS's core business. The WCAB determined that SOS failed to prove Morgan was an independent contractor excluded from workers' compensation coverage.

WCABPetition for ReconsiderationIndependent ContractorEmployeeRight to ControlBorello factorsWastewater Treatment Plant OperatorSOSState Compensation Insurance FundAOE/COE
References
Case No. GRO 024430
Significant
Dec 08, 2004

Myron Abney vs. AERA ENERGY, LIBERTY MUTUAL INSURANCE COMPANY

This en banc decision holds that the revised Labor Code section 5814, operative June 1, 2004, applies to unreasonable delays in compensation payments that occurred prior to its operative date, provided the finding of unreasonable delay is made on or after that date.

SB 899Labor Code Section 5814En Banc DecisionReconsiderationTemporary Disability IndemnityPenaltyUnreasonable DelayOperative DateStatute of LimitationsConclusive Presumption
References
Case No. LAO 838220
Regular
May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and remanded the case to determine permanent disability using the 1997 Schedule. This decision stems from the Board's finding that the applicant's treating physician's December 20, 2004, report indicated the existence of permanent disability, triggering an exception under Labor Code section 4660(d). Consequently, the outdated 1997 Schedule, not the 2005 Schedule, must be applied to calculate the applicant's permanent disability benefits.

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder
References
Case No. OAK 240649 OAK 240651 OAK 279879
Regular
Jan 15, 2008

BUNNIE ORANGE vs. HILTON HOTEL CORPORATION, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration because the administrative law judge incorrectly used the 1997 Permanent Disability Rating Schedule instead of the 2005 Schedule for the applicant's cumulative trauma injury. The Board also found the calculation of permanent disability indemnity was improper and remanded the case for re-rating under the 2005 Schedule. Upon remand, any overlap between the current award and a prior stipulated award must be identified and subtracted before calculating the final indemnity.

WORKERS' COMPENSATION APPEALS BOARDBUNNIE ORANGEHILTON HOTEL CORPORATIONSPECIALTY RISK SERVICESOAK 240649OAK 240651OAK 279879OPINION AND ORDERGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATION
References
Case No. ADJ8330411
Regular
Jul 07, 2017

LARRY SINGLETARY vs. PARAMOUNT PICTURES

The Workers' Compensation Appeals Board (WCAB) denied Paramount Pictures' petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. Paramount argued the ALJ erred by applying a 50% WPI for the applicant's right lower extremity, instead of 30%, based on conflicting reports from an agreed medical examiner. The ALJ found the evidence insufficient to prove the applicant could walk more than a "block" without a walker, which was the key factor in the different WPI ratings. The WCAB gave great weight to the ALJ's credibility determinations and found no substantial evidence to overturn them.

Petition for ReconsiderationDeniedWCJCredibility determinationsGarza v. Workmen's Comp. Appeals Bd.Permanent disabilityWPIRight lower extremityOrthopedic AMESpecific date of injury
References
Case No. ADJ11775511
Regular
Sep 25, 2019

FONDA MCGENSY vs. OPERATION SAFEHOUSE, CYPRESS INSURANCE COMPANY

This case involves an applicant's workers' compensation claim for injuries sustained on August 7, 2018. The defendant is seeking reconsideration of the original Findings and Award, arguing the injury is barred by the going and coming rule. The defendant disputes whether the applicant's supervisor ordered her to drive an intern home, which is key to applying the special errand exception. The Workers' Compensation Appeals Board has granted reconsideration to obtain a transcript of the trial testimony to fully assess the factual disputes.

Special errand exceptionGoing and coming rulePetition for reconsiderationFindings and AwardWCJTranscriptFactual disputesLegal issuesWCAB Rule 10740Electronic Adjudication Management System
References
Case No. ADJ7945624
Regular
Jun 07, 2013

JUAN SANTA CRUZ vs. MARTIN RUBBER, PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board denied reconsideration of its prior decision. The applicant claimed injury from continuous trauma as a machine operator but provided inconsistent testimony regarding lifting weights. The employer's testimony contradicted the applicant's account of his duties and lifting requirements. The Board found the applicant's testimony less credible, affirmed the judge's findings, and denied the petition for reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ ReportcredibilityGarza v.Workmen's Comp. Appeals Bd.industrial injurycontinuous traumamachine operatorPetitioner's Contentionsfraud
References
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