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

Case No. ADJ8550333
Regular
May 15, 2015

STEPHEN MARTIN BLOXHAM vs. LITHIA FORD MAZDA SUZUKI, HARTFORD ACCIDENT & INDEMNITY, ESIS

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board affirmed the finding that a car salesman's injuries from a car accident while purchasing cigarettes on a paid, employer-authorized break arose out of and occurred in the course of employment. This falls under the personal comfort doctrine, an exception to the going and coming rule, and the employer's encouragement of "prospecting" at the store further supported coverage. The Board rejected the defendant's argument that smoking's health detriments should disqualify it from the personal comfort doctrine.

Petition for ReconsiderationFindings of FactOrderOpinion on DecisionAOE/COEgoing and coming rulepersonal comfort doctrinepaid breakemployer's permissionprospecting
References
Case No. ADJ8134312
Regular
Sep 15, 2016

ERNIE GALLEGOS vs. GROTH BROTHERS CHEVROLET, AUTO DEALERS COMPENSATION OF CALIFORNIA, CORVEL

The applicant sustained a right knee injury, leading to a total knee replacement. The original award granted permanent disability without apportionment, which the defendant appealed. The Appeals Board granted reconsideration, finding that apportionment to pre-existing knee conditions was legally permissible even after total knee replacement. The case is remanded for a new award based on the Qualified Medical Evaluator's 50% apportionment to pre-existing pathology. A dissenting opinion argues the medical evidence lacked sufficient reasoning to support apportionment.

WORKERS' COMPENSATION APPEALS BOARDERNE GALLEGOSGROTH BROTHERS CHEVROLETAUTO DEALERS COMPENSATION OF CALIFORNIACORVELADJ8134312PETITION FOR RECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENT
References
Case No. ADJ6575620
Regular
May 09, 2011

Ruth Meeks vs. C.L. KNOX dba ADVANCED INDUSTRIAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration because it was unverified and the defect was not cured. The Board also denied the insurance carrier's petition, upholding the original finding that the applicant sustained an industrial injury. This decision was based on the administrative law judge's credibility findings regarding the applicant's intent to return to work after a break. The employee's memory impairment near the accident did not render her testimony unreliable for earlier events.

AOE/COEPetition for ReconsiderationUnverified PetitionLabor Code Section 5902Lucena v. Diablo Auto BodyWitness CredibilityCompensable InjuryIndustrial AccidentScope of EmploymentAdverse Inference
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7212870, ADJ7212871
Regular
Jul 08, 2013

VICTOR MEJIA vs. AUTO ZONE, INC.

The Workers' Compensation Appeals Board granted reconsideration of a prior decision concerning Victor Mejia and Auto Zone. The Board rescinded the Administrative Law Judge's (WCJ) decision and returned the case for further proceedings. This order is not a final decision on the merits. The WCJ will issue a new decision after further review.

Workers' Compensation Appeals BoardVictor MejiaAuto Zone Inc.ADJ7212870ADJ7212871Petition for ReconsiderationWorkers' Compensation Administrative Law JudgeGrant ReconsiderationRescind DecisionFurther Proceedings
References
Case No. ADJ8088394; ADJ9645026
Regular
Dec 07, 2020

MARIA ELIZABETH CASTILLO vs. AUTO GRILL GROUP, GALLAGHER BASSETT

This case concerns a Petition for Removal filed by the defendant, Auto Grill Group. The Appeals Board denied the petition, deeming removal an extraordinary remedy not warranted here. The Board found no evidence that denying removal would cause substantial prejudice or irreparable harm. Furthermore, the Board concluded that reconsideration will adequately address any potential issues if a final adverse decision issues.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCAB Rule 10605(a)(1)E-mail serviceFive calendar day extensionMinutes of HearingSubstantial prejudiceIrreparable harmReconsideration
References
Case No. ADJ6755820, ADJ7231247, ADJ6777953
Regular

NORMA HERNANDEZ vs. KRAGEN AUTO PARTS, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a Petition for Removal filed by Norma Hernandez against Kragen Auto Parts and its insurer, Zurich North America. The applicant, Hernandez, subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. No further action will be taken on this matter.

Petition for RemovalDismissedWorkers' Compensation Appeals BoardApplicantDefendantKragen Auto PartsZurich North America Insurance CompanyLong Beach District OfficeOrder Dismissing PetitionWithdrawn Petition
References
Case No. ADJ 10470293
Regular
Jul 10, 2017

Herbert Miller vs. O'Reilly Auto Parts, SAFETY NATIONAL CASUALTY, CORVEL

Here's a summary for a lawyer: The Workers' Compensation Appeals Board affirmed the finding of industrial injury for an applicant who was injured in a car accident while commuting home after picking up a company part. This trip was deemed a "special mission" for the employer, thus overcoming the going-and-coming rule defense. However, the issue of reimbursement for family-provided home health care was deferred for further development of the record, as the applicant did not initially meet the prescription requirements.

Going and Coming RuleSpecial Mission ExceptionAOE/COEHome Health CarePrescription RequirementMedical TreatmentLabor Code Section 3600Industrial InjuryWCJPetition for Reconsideration
References
Case No. ADJ6624821
Regular
Oct 10, 2014

ED WACKERMAN vs. NAPA AUTO PARTS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration filed by defendant Napa Auto Parts. This action was taken due to statutory time constraints and an initial review of the record, necessitating further study of the factual and legal issues. The WCAB requires more time to thoroughly understand the case and issue a just decision. All future communications regarding this case must be filed in writing directly with the WCAB Commissioners' office, not with any district office or via e-filing.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOPINION AND ORDERADJ6624821Napa Auto PartsEmployers Compensation Insurance CompanyJuly 18 2014statutory time constraintsfactual and legal issuesjust and reasoned decision
References
Case No. ADJ8500471
Regular
Mar 05, 2013

CESAR ROBLES vs. FLORES AUTO REPAIR, FIRSTCOMP OMAHA for MARKEL INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by the defendant, Flores Auto Repair and its insurer, which the Workers' Compensation Appeals Board (WCAB) has dismissed. The dismissal is based on the petition being filed untimely, specifically more than 20 days after the initial order plus 5 days for mailing. The WCAB adopted the administrative law judge's report, which concluded the petition failed to meet the statutory deadline under Labor Code section 5903. Therefore, the WCAB ordered the petition for reconsideration dismissed.

Petition for ReconsiderationUntimely FilingLabor Code section 5903Code of Civil Procedure section 1013Workers' Compensation Appeals BoardAdministrative Law JudgeDismissalOrderMarkel Insurance CompanyFlores Auto Repair
References
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