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

Case No. ADJ1160066
Regular
Aug 03, 2010

, ROBERT VILARINO vs. , CHROMATICS, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For FREMONT INSURANCE COMPANY, In Liquidation

This case concerns an applicant seeking reconsideration of a prior decision denying a claim of waiver or estoppel against the defendant regarding a third-party credit. The applicant sustained a 100% permanent disability in a 1999 industrial injury. The Appeals Board denied reconsideration, affirming that the applicant failed to prove the defendant intentionally relinquished its right to a third-party credit. The Board also found the applicant's reliance on alleged representations was not reasonable, thus failing to establish estoppel.

Workers' Compensation Appeals BoardReconsiderationThird-party creditWaiverEstoppelIndustrial injuryInternal organCentral nervous systemPermanent total disabilityTruck driver
References
Case No. ADJ10077972
Regular
Apr 12, 2017

DAVID MELANSON vs. EDWARD W. SCOTT ELECTRIC COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order, allowing an applicant to pursue the issue of employer negligence despite a civil lawsuit settlement. The Board found neither collateral nor judicial estoppel barred the applicant, as the civil jury was never instructed on employer negligence, and the applicant's positions were not fundamentally inconsistent. The employer failed to meet its burden to show employer negligence was litigated and decided in the prior action. The Board also cautioned the defendant's attorney for disrespectful conduct.

judicial estoppelcollateral estoppelemployer negligencethird-party creditprior adjudicationinconsistent positionsexpert testimonyjury instructionsmotion in liminecivil action
References
Case No. ADJ8343105
Regular
Sep 08, 2017

MIGUEL GOMEZ vs. BAY SHIP AND YACHT, CO., CHARTIS - SPECIALTY INSURANCE COMPANY

This case concerns a lien claimant seeking reconsideration after its lien was deemed barred by collateral estoppel due to a prior arbitration order. The Appeals Board rescinded the original finding, determining that the lien claim and the contribution claim, while related and involving the same dollar amount, presented distinct legal issues not identical enough for estoppel. Consequently, the matter is returned to the presiding judge to consider consolidating the cases and for further proceedings. This action aims to avoid duplicate litigation and potential inconsistent rulings.

Workers' Compensation Appeals Boardlien claimantreconsiderationestoppelmandatory arbitrationcontribution claimcumulative traumaspecific injuryjudicial estoppelres judicata
References
Case No. ADJ11026657
Regular
Feb 27, 2020

Monnie Wright vs. California Public Employees' Retirement System, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) affirmed the finding that collateral estoppel prevents them from determining industrial causation for applicant Monnie Wright's injury under Government Code section 21166. A prior jury found Wright's injury arose out of employment but not in the course of employment. The WCAB has jurisdiction to determine industrial causation for CalPERS disability claims, applying procedural rules and factual findings. However, collateral estoppel, being a hybrid substantive/procedural issue, means the prior jury's determination on "arising out of" but not "in the course of" employment precludes the WCAB from making a new finding of industrial causation (AOE/COE).

WORKERS' COMPENSATION APPEALS BOARDCALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEMLegally UninsuredSTATE COMPENSATION INSURANCE FUNDClaims AdministratorOPINION AND DECISION AFTER RECONSIDERATIONGovernment Code section 21166collateral estoppelindustrial causationarising out of and in the course of employment
References
Case No. ADJ8835024, ADJ8996815
Regular
Jun 26, 2017

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) is remanding this case for further proceedings. Initially, the WCAB reversed a judge's finding of industrial injury for a stroke under the heart presumption statute. However, the WCAB acknowledges its prior decision was incomplete as it failed to consider if the applicant could establish industrial injury outside the heart presumption, potentially requiring further medical evaluation. The WCAB also notes that a related civil case finding job stress caused the stroke is now final, raising the issue of collateral estoppel. Therefore, the case is returned to the trial level to determine if collateral estoppel applies or if further development of the record is needed to establish an industrial injury independent of the heart presumption.

Workers' Compensation Appeals BoardRemittiturHeart PresumptionStrokeIndustrial InjuryNewly Discovered EvidenceCollateral EstoppelLabor Code Section 3212.5Sheriff's OfficerNeuroloigical Evaluation
References
Case No. ADJ4574280 (STK 0198490)
Regular
Jul 27, 2016

DENNIS WALLACE vs. COUNTY OF STANISLAUS, SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision that dismissed the applicant's Labor Code section 132a petition based on collateral estoppel. The WCAB found that the prior civil judgment in the applicant's FEHA action, which formed the basis for the dismissal, had been overturned by the Court of Appeal. Therefore, the WCAB returned the matter to the WCJ for further proceedings consistent with the Court of Appeal's decision.

Workers' Compensation Appeals BoardLabor Code Section 132aFair Employment and Housing ActFEHAdisability discriminationcollateral estoppelreconsiderationFindings of FactOpinion on Decisionadministrative law judge
References
Case No. ADJ9087501, ADJ10912167
Regular
Feb 07, 2019

RUBEN SANCHEZ vs. RECOLOGY GROVER ENVIRONMENTAL PRODUCTS PSI administered by CORVEL

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal. The WCAB found that the prior WCJ's findings in 2014 were not final orders, as they addressed a discovery dispute rather than substantive rights or liabilities. Therefore, the doctrines of res judicata and collateral estoppel did not bar the applicant from seeking further discovery. Consequently, the WCAB rescinded the WCJ's decision and granted the applicant's petition for an order for inspection.

Petition for RemovalFindings of FactRes JudicataCollateral EstoppelDiscoveryAgreed Medical Examiner (AME)Video Job AnalysisCumulative TraumaMachine OperatorVibration Exposure
References
Case No. ADJ8915061
Regular
Feb 05, 2015

MANUEL MILLAN vs. CORN MAIDEN FOODS, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding the applicant an employee of Corn Maiden Foods, Inc. The defendant argued the collateral estoppel issue was not timely raised, but the Board found it was sufficiently put in issue. The Board also rejected the argument that the Labor Commissioner did not expressly rule on the employment status. The defendant's remedy was to appeal the Labor Commissioner's decision, not to re-litigate the issue.

Collateral EstoppelLabor CommissionerIndependent ContractorReconsiderationWorkers' Compensation Appeals BoardEmployee StatusBorello FactorsJudicial NoticeMandatory Settlement ConferencePre-trial Conference Statement
References
Case No. ADJ8593193
Regular
Sep 17, 2015

MICHAEL TOBIN vs. CITY OF UKIAH, COUNTY OF MENDOCINO

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's report and recommendation. The defendant failed to rebut the Labor Code Section 3212.1 presumption for the applicant's cancer by providing evidence that no reasonable link existed between his military carcinogen exposure and the disease. Furthermore, the Board found that new arguments regarding the date of injury and collateral estoppel were improperly raised for the first time in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 3212.1presumptionrebuttalcarcinogen exposurePersian Gulf WarVAMC Medical OpinionDepartment of Defense StudiesVA administrative findings
References
Case No. ADJ9430358
Regular
May 20, 2015

GARY HALL vs. COUNTY OF LAKE, Permissibly Self-Insured, administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's claim for cumulative heart injury was not barred by the statute of limitations, res judicata, or collateral estoppel. The Board determined that previous medical opinions concluding the applicant had no heart trouble did not address the current claim of manifestation of heart trouble within the statutory presumption period for deputy sheriffs. Therefore, the case was returned to the trial level for further proceedings and a decision on the merits.

Workers' Compensation Appeals BoardDeputy SheriffCumulative TraumaStatute of LimitationsCollateral EstoppelRes JudicataMedical-Legal EvaluationsHeart InjuryLabor Code Section 3212.5Agreed Medical Examiner
References
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