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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ4182817
Regular
Oct 03, 2011

DANIEL LEE vs. NCRC, INC.

This case concerns an employee who filed a workers' compensation claim, including a discrimination claim under Labor Code section 132a, and later filed for bankruptcy. The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that it lacked jurisdiction to determine the employee's standing for the 132a claim pending a bankruptcy court ruling. The WCAB asserted its exclusive jurisdiction over 132a claims, stating that the employee's failure to separately list this claim as an exempt asset in bankruptcy does not divest the WCAB of jurisdiction. The case is remanded for a decision on the merits of the 132a claim.

Labor Code section 132abankruptcy estatestandingjurisdictiondiscriminationreinstatementlost wageswork benefitsindustrial injurytemporary total disability
References
Case No. SAC 0354059
Regular
Jul 24, 2007

DAVID LONG (Deceased) STEVEN LONG (Administrator of the Estate Of DAVID LONG) vs. MEDIA NEWS GROUP, INC., LIBERTY MUTUAL INSURANCE CO.

This case concerns a deceased worker whose estate was initially awarded death benefits under Labor Code section 4702(a)(6)(B). However, after a subsequent court ruling found this specific statute unconstitutional, the Workers' Compensation Appeals Board (WCAB) amended its decision. Consequently, the award to the deceased's estate was removed, as were associated attorney's fees, while the award to the Death Without Dependents Unit remains valid.

Workers' Compensation Appeals BoardDeceasedEstateIndustrial InjuryDeath Without Dependents UnitLabor Code section 4702(a)(6)(B)Labor Code section 4706.5(a)UnconstitutionalSix Flags Inc. v. Workers' Comp. Appeals Bd. (Rackchamroon)Reconsideration
References
Case No. ADJ8556609
Regular
Jul 01, 2018

LUIS ROBLES vs. THE ESTATE OF VICKY BLEAZARD, dba BLEAZARD COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The WCAB granted the applicant's petition for removal, reversing the WCJ's decision that denied joinder of the employer's estate and the Uninsured Employers Benefits Trust Fund (UEBTF). The Board clarified that Labor Code § 5306 permits workers' compensation claims against a deceased uninsured employer's estate, irrespective of probate presentation. Furthermore, the Board found UEBTF properly joined due to the Estate's general appearance and service of a special notice of lawsuit. Consequently, the case is returned for further proceedings with both the Estate and UEBTF joined as defendants.

Workers Compensation Appeals BoardPetition for RemovalEstate of Vicky BleazardUninsured Employers Benefits Trust FundLabor Code § 3715Labor Code § 5306general appearancespecial notice of lawsuitprobate courtstatute of limitations
References
Case No. ADJ3716430
Regular
Mar 10, 2010

NORRIS M. MELLON vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND, CCPOA BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) reviewed an order directing parties to bankruptcy court regarding the dischargeability of a workers' compensation lien. The lien claimant argued the WCAB had exclusive jurisdiction and the applicant waived his right to challenge the lien. After granting removal on its own motion and receiving a report from the judge, the WCAB affirmed the original order. The WCAB's decision is that the parties must address the lien's dischargeability in bankruptcy court.

WCABPetition for ReconsiderationRemovalBankruptcy Court JurisdictionWorkers' Compensation LienExclusive JurisdictionDischarge in BankruptcyWCJ ReportAffirmationLegal Service Bureau
References
Case No. ADJ10037291
Regular
Apr 01, 2025

Adan Alvarez vs. Victor Manuel Martinez, Justine Marie Martinez

The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a decision that allowed applicant Adan Alvarez to pursue a workers' compensation claim against Victor Manuel Martinez and Justine Marie Martinez despite his failure to file a proof of claim in the employers' bankruptcy proceedings. UEBTF contended that Alvarez was required to file a proof of claim in a Chapter 7 asset bankruptcy. The Appeals Board denied UEBTF's petition, affirming its prior decision. The Board distinguished this case from previous rulings, concluding that an employee's failure to file a proof of claim in bankruptcy is not fatal to their workers' compensation claim if no award exists at the time of the bankruptcy discharge.

UEBTFbankruptcyproof of claimChapter 7 assetChapter 7 no assetdischarge injunctionLabor Code section 3716Ortiz v. Workers' Comp. Appeals Bd.Slali v. RuizWCJ
References
Case No. ADJ2309587 (RDG 0123822)
Regular
Dec 17, 2008

WALTER LEO SYKES, JR. (Deceased) KATHLEEN S. MAGUIRE, As Personal Representative vs. LEWISTON COMMUNITY SERVICES DISTRICT, Permissibly Self-Insured, Administered by ATHENS ADMINISTRATORS

This case concerns the employer's obligation to pay a death benefit to the Death Without Dependents (DWD) unit after an employee died without dependents. The employer had previously paid benefits to the deceased employee's estate under a now-unconstitutional statute, and sought credit for those payments against the DWD award. The Board affirmed the $125,000 death benefit award to the DWD unit, disallowing any credit for payments made to the estate, and deferred the issue of the estate's liability to the employer.

Death Without Dependents UnitLewiston Community Services DistrictWalter Leo Sykes Jr.Kathleen S. MaguireAthens AdministratorsLabor Code section 4706.5(h)Labor Code section 4702(a)(6)Six Flags Inc. v. Workers' Comp. Appeals Bd. (Rackchamroon)unconstitutional statuterestitution
References
Case No. ADJ7998682, ADJ8728951
Regular
Dec 16, 2013

Elizabeth Herrera Mendez vs. L&B Real Estate, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding that the applicant was an employee of L&B Real Estate. The Board adopted the Workers' Compensation Administrative Law Judge's report and gave great weight to the judge's credibility determination. The applicant's credible testimony regarding her employment and duties as an apartment manager, in exchange for a rent reduction, formed the basis of the decision. The defendant's arguments disputing employment and referencing a prior Labor Commissioner finding were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Apartment ManagerInjury DatesEmployment DisputeApplicant TestimonyL&B Real Estate
References
Case No. ADJ2042153 (SRO 0120961), ADJ1591784 (SRO 0120962), ADJ4036022 (SRO 0136498)
Regular
Sep 14, 2012

CHELA PACHECO vs. BERINGER WINE ESTATES COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, Adjusted By CHARTIS/AIG, CHATEAU SOUVERAIN, SAFECO INSURANCE COMPANY

This case involves Chela Pacheco's workers' compensation claim against Beringer Wine Estates and their insurers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB affirmed the original decision but amended a finding of fact regarding the Employment Development Department (EDD) lien. The EDD lien was deemed reasonable only for a specific period and capped at $400 per week.

Workers' Compensation Appeals BoardBeringer Wine Estates CompanyNational Union Fire Insurance CompanyChartis/AIGChateau SouverainSafeco Insurance CompanyADJ2042153ADJ1591784ADJ4036022Reconsideration
References
Case No. ADJ8329154, ADJ8329147, ADJ6945103, ADJ8329173, ADJ8329177
Regular
Nov 25, 2013

ENRIQUE ESTRADA TOVAR vs. VILLA AMOROSA CONSTRUCTION, AMTRUST, HILL FAMILY VINEYARD MANAGEMENT and INSURANCE COMPANY OF THE WEST, MARIA'S MARKET and GUARD INSURANCE

This Workers' Compensation Appeals Board case denied the applicant's petition for reconsideration. It granted the defendant's petition in ADJ8329177, amending the prior decision. Specifically, the Board rescinded findings and the award related to employment with Blanket Estates. The amended decision now finds no employment by Blanket Estates for the claimed periods, resulting in no award for the applicant in ADJ8329177.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialGrantDecision After ReconsiderationFindingsAwardNo EmploymentTake NothingAdjudication of Claim
References
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