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

Case No. ADJ12096808
Regular
2020-01-33

LARRY REASNER vs. CASEY JOHNSON, dba ROCKIN CJ TRANSPORT COMMERCE & INDUSTRY INSURANCE COMPANY, AIG; NEW YORK MARINE AND GENERAL INSURANCE COMPANY

This case concerns a Petition for Removal filed by Commerce and Industry Insurance Company regarding an order to proceed to trial on an injury AOE/COE. The dispute arises from a prior Stipulated Award between the applicant and New York Marine and General Insurance Company for a cumulative trauma injury. Commerce and Industry argues that its contribution claim against New York Marine is subject to mandatory arbitration under Labor Code section 5500.5. The Appeals Board granted removal, rescinded the trial order, and found that the inter-insurer dispute over contribution must be arbitrated, as the applicant is not involved in this separate proceeding.

Petition for RemovalStipulated AwardCumulative TraumaPetition for ContributionMandatory ArbitrationLabor Code Section 5500.5Successive EmployersInsurers Jointly and Severally LiableContribution ProceedingsDe Novo
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ6607637
Regular
Jul 01, 2010

NATHAN WINES vs. SDA SECURITY SYSTEMS, INC., INSURANCE COMPANY OF THE WEST, ZENITH INSURANCE COMPANY

This case involves a workers' compensation claim where Insurance Company of the West (ICW) seeks reconsideration of an arbitration decision barring its contribution claim against Zenith Insurance Company. The arbitrator initially found ICW's contribution proceedings were untimely, but now recommends granting reconsideration based on new case law. The Workers' Compensation Appeals Board agreed that a Declaration of Readiness to Proceed can satisfy the "institute proceedings" requirement for contribution claims under Labor Code §5500.5(e), reversing the prior decision and returning the matter for further proceedings.

Workers' Compensation Appeals BoardArbitration DecisionStatute of LimitationsContribution ProceedingsDeclaration of ReadinessLabor Code §5500.5(e)Stipulated AwardCumulative InjuryIndustrial InjuryInsurance Coverage
References
Case No. ADJ2582500 (SAL 077867)
Regular
Jul 26, 2010

TONY BLANDINO vs. UNITED WASTE SYSTEMS, INC., NATIONAL UNION FIRE INSURANCE COMPANY/AIG (CHARTIS), LIBERTY INSURANCE CORPORATION (LIBERTY MUTUAL)

The Appeals Board granted reconsideration and rescinded the arbitrator's prior decision. The arbitrator erred by preventing Liberty Insurance Company from presenting new evidence regarding its liability and by deeming himself bound by a previous WCJ's decision. The matter is returned to the arbitrator for an independent evidentiary hearing and a de novo decision, as supplemental contribution proceedings allow non-elected defendants to fully litigate their liability.

Workers' Compensation Appeals BoardReconsiderationArbitratorFindings Award and OrdersProrata ShareContribution ProceedingsLabor Code § 5500.5Cumulative InjuryAOE/COESupplemental Proceedings
References
Case No. ADJ10850096 ADJ10851592
Regular
Oct 25, 2018

MARIA FLORINA PADRON DE HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision concerning Maria Padron de Hernandez's workers' compensation claim. The arbitrator had found a specific back injury, awarded temporary disability, denied future medical treatment, and imposed sanctions. The WCAB rescinded the arbitrator's decision, returning the matter for further proceedings. This action was based on the finding that the parties' Alternative Dispute Resolution (ADR) agreement stipulated arbitration under American Arbitration Association rules, which were not provided nor followed. Consequently, it could not be determined if the arbitration proceeded according to the agreed-upon rules, thus potentially violating due process.

Workers Compensation Appeals BoardAlternative Dispute ResolutionLabor Code section 3201.7Arbitrator's Findings and AwardCosts and SanctionsContinuing InjuryTemporary DisabilityOverpaymentFuture Medical TreatmentReconsideration
References
Case No. ADJ2570637 (SDO 0241398) ADJ3916811 (SDO 0342504)
Regular
Aug 24, 2009

CAROL ANN MCDONNELL, CAROL ANN PONCE vs. VAN CAN COMPANY, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

Zenith Insurance Company sought reconsideration of an arbitration decision that denied its contribution claim against State Compensation Insurance Fund. Zenith argued the arbitrator erred by not finding cumulative injuries and that subsequent employment aggravated the applicant's permanent disabilities. The arbitrator recommended reconsideration, acknowledging evidence of cumulative trauma but finding the initial analysis inadequate regarding dates and causation percentages. The Appeals Board granted Zenith's petition, rescinded the original decision, and remanded the case for further proceedings on the cumulative trauma issue to determine liability sharing between insurers.

Cumulative traumaContribution claimZenith Insurance CompanyState Compensation Insurance FundWorkers' Compensation Appeals BoardPetition for ReconsiderationArbitration DecisionFindings and OrderIndustrial injuryMedical evidence
References
Case No. ADJ3673382 (AHM 0084473) ADJ1361609 (AHM 0085858) ADJ2402991 (AHM 0085857) ADJ4050086 (AHM 0085856) ADJ1533147 (AHM 0085855) ADJ1199908 (AHM 0085828) ADJ700319 (AHM 0085827) ADJ2455910 (AHM 0085829) ADJ1727200 (AHM 0085831)
Regular
Jan 30, 2009

DOUGLAS BOULWARE vs. LOS ANGELES COUNTY FIRE DEPARTMENT, TRISTAR

This case involves multiple workers' compensation claims filed by Douglas Boulware against the Los Angeles County Fire Department and Tristar. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded that decision, finding it necessary to return the matter to the arbitrator for further proceedings. This action is not a final determination on the merits of the claims.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationArbitrator's decisionRescindedFurther proceedingsNot a final decisionDouglas BoulwareLos Angeles County Fire DepartmentTristarPetition for Reconsideration
References
Case No. ADJ10574205
Regular
Sep 09, 2019

AMNER ALVAREZ vs. SCM ENTERPRISES, TIMBERS STRATA 23-LP, FOWLER PROPERTY MANAGEMENT, STRATA EQUITY GROUP, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, EMPLOYERS COMPENSATION INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST, MARKEL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the arbitrator's decision because SCM Enterprises claimed it did not receive timely notice of the hearing and decision. The Board found the petition for reconsideration to be timely filed as the statutory period does not run until actual receipt of the decision when service is defective. The case is returned to the arbitrator for further proceedings and a new decision. This order is not a final decision on the merits.

Petition for ReconsiderationArbitration HearingArbitrator's DecisionDefective ServiceTimelinessJurisdictional Time LimitRescinded DecisionFurther ProceedingsWorkers' Compensation Appeals BoardLab. Code
References
Case No. ADJ1246616 (BAK 0106371) ADJ3243674 (BAK 0120076) ADJ3688132 (BAK 0119854)
Regular
Apr 13, 2009

JENNY LUND-MAVITY, JENNY LUND vs. NESTLE ICE CREAM COMPANY/CARNATION, AMERICAN MOTORIST/KEMPER, NESTLE FOODS, NESTLE USA Inc.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings due to a procedural defect. The arbitrator failed to issue a decision within the 30-day timeframe mandated by Labor Code section 5277, which invalidates the submission. Consequently, the arbitrator's findings are vacated, the arbitrator's fee is forfeited, and the case is returned for new arbitration proceedings.

Workers' Compensation Appeals BoardReconsiderationArbitrator's Findings of FactReimbursementTemporary DisabilityLabor Code Section 5277ForfeitureVacatedSubmission OrderArbitration Proceedings
References
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
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