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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ9346293
En Banc
Apr 13, 2020

ANTHONY DENNIS vs. STATE OF CALIFORNIA – DEPARTMENT OF CORRECTIONS AND REHABILITATION INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

The WCAB holds that Administrative Director Rule 10133.54 is invalid as it exceeds the statutory authority granted to the Administrative Director and restricts the WCAB's exclusive power to adjudicate compensation claims. It also holds that an employer must provide a bona fide offer of work to avoid liability for a supplemental job displacement benefit voucher.

AD Rule 10133.54Supplemental Job Displacement BenefitWCAB exclusive jurisdictionadministrative director authoritybona fide work offerinmate laborstatutory authorityadjudicatory poweren banc decisionreconsideration
References
Case No. ADJ6721899
Regular
Apr 04, 2014

RICARDO VILLAREAL MENDOZA vs. PUEBLO PACKING INC., BERKSHIRE HATHAWAY, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Ricardo Villareal Mendoza's petition for removal. The petition argued that moving Mandatory Settlement Conferences (MSCs) from Santa Barbara to Oxnard caused irreparable harm due to travel burdens. The WCAB cited statutory authority and case law establishing its power to calendar hearings at different district offices based on available resources and space limitations. The Board also noted the availability of CourtCall and alternative arrangements for unrepresented workers to mitigate travel difficulties.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationMandatory Settlement ConferenceVenueCourtCallIrreparable HarmJudicial PowersInherent PowersCalendar Control
References
Case No. ADJ4609174 (RDG 0041947)
Regular
Oct 27, 2010

DOYLE CANADA vs. REDDING POWER SAWMILL DIVISION, ESIS PORTLAND

In this Workers' Compensation Appeals Board case, Doyle Canada's petition for reconsideration was denied. The Board adopted the findings of the Workers' Compensation Administrative Law Judge, whose report detailed the reasons for the denial. This order, dated October 27, 2010, upholds the original decision and denies further review. The defendants were Redding Power Sawmill Division and ESIS Portland.

WCABPetition for Reconsiderationworkers' compensation administrative law judgereport of the workers' compensation administrative law judgedeny reconsiderationADJ4609174Redding Power Sawmill DivisionESIS PortlandDoyle CanadaADJUDICATION
References
Case No. MON 0290566
Regular
Aug 12, 2008

MARTHA MANRIQUEZ vs. DEPARTMENT OF WATER AND POWER/DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the administrative law judge's findings that the defendant unreasonably delayed paying a stipulated award, thus incurring penalties and attorney's fees. The Board affirmed the judge's decision to limit the defendant's credit for a third-party settlement to prospective benefits due to the defendant's inaction in pursuing its credit rights after the stipulated award. Furthermore, the Board ruled that the defendant could not apply its third-party credit against the penalties and attorney's fees awarded.

Workers' Compensation Appeals BoardMartha ManriquezDepartment of Water and PowerLabor Code sections 4650(b)58145814.5Supplemental Findings and AwardPetition for Reconsiderationcumulative traumathird-party settlement
References
Case No. ADJ9138064
Regular
Sep 02, 2016

EZEQUIEL HERNANDEZ vs. MURANAKA FARMS, INC., ZENITH INSURANCE COMPANY

Zenith Insurance sought reconsideration of an order requiring it to distribute attorney fees held in trust. Zenith had mistakenly paid the full $6,000 to one attorney, Manuel Martinez, who then failed to fully distribute the funds to the other two attorneys as agreed. The Appeals Board granted reconsideration, finding prior agreements and orders already dictated the fee distribution between the attorneys. Consequently, the Board rescinded the June 10, 2016 order and directed Manuel Martinez to comply with prior court orders for distribution.

Petition for ReconsiderationStipulation and OrderCompromise and ReleaseAttorney FeesTrust AccountMistake in DistributionUnjust EnrichmentPlenary PowerEquitable PowersRestitution
References
Case No. ADJ1259001
Regular
Apr 08, 2014

Patricia Scharli vs. County of Santa Barbara, Corvel Corporation

The Workers' Compensation Appeals Board (WCAB) denied Patricia Scharli's Petition for Removal. The denial was based on the administrative law judge's report, which concluded that moving a mandatory settlement conference from Santa Barbara to Oxnard due to space limitations at the new Santa Barbara office was a mere inconvenience, not significant prejudice. The WCAB has statutory authority to determine hearing locations based on budgetary and space constraints, and can calendar hearings at different offices even without formally changing venue. The WCAB encourages the use of CourtCall for attorneys to mitigate travel difficulties for applicants.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCalendaring AuthorityMedical Treatment Lien ConferenceCourtCallMandatory Settlement ConferenceExpedited Hearings
References
Case No. ADJ3923408
Regular
Apr 20, 2009

Andrea Seyfried vs. Compass Films, Inc., National Surety Company/Fireman's Fund, Power Payroll, Inc., California Insurance Guarantee Association for Legion Insurance Company

The Workers' Compensation Appeals Board found that the applicant sustained an industrial injury while employed by both Power Payroll (general employer) and Compass Films (special employer). Power Payroll was insured by Legion Insurance, whose obligations are now handled by CIGA. Compass Films was insured by Fireman's Fund. The Board rescinded the prior order finding Power Payroll as the sole employer and returned the case for proceedings to determine the respective liabilities of CIGA and Fireman's Fund. CIGA is not liable if Fireman's Fund policy constitutes "other insurance" available to the applicant.

General employerSpecial employerDual employmentPayroll servicesFilm industryInsurance Guarantee AssociationInsurer insolvencySpecial employer controlPayroll companyProduction manager
References
Case No. ADJ2238226
Regular
Mar 04, 2013

JUDINE JACOBS vs. RIVERSIDE-SAN BERNARDINO COUNTY INDIAN HEALTH, INC.

The Workers' Compensation Appeals Board affirmed the dismissal of an applicant's claim, finding it lacked jurisdiction due to Indian tribal sovereign immunity. The applicant, a nurse, claimed a psyche injury while employed by Riverside-San Bernardino County Indian Health, Inc. (RSB). RSB, despite being incorporated under California law, was deemed a governmental entity linked to tribes and serving federal policy, thus entitled to sovereign immunity. The Board found no evidence of an explicit waiver of this immunity.

Tribal sovereign immunityWorkers' Compensation Appeals BoardIndian Healthpsyche injurynursefindings and orderjurisdictionpetition for reconsiderationreport and recommendationadministrative law judge
References
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