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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9285089
Regular
Aug 24, 2016

ANA RAMIREZ FARIAS vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

The Appeals Board affirmed an arbitrator's decision that applicant Ana Ramirez Farias must transfer medical care to her employer's exclusive provider network, despite her continued treatment with Dr. Arthur Harris. The majority found that the collective bargaining agreement's provisions on medical treatment, negotiated under Labor Code section 3201.5, take precedence over general Medical Provider Network (MPN) statutes like section 4603.2(a)(2). The dissenting opinion argued that the collective bargaining agreement diminishes the applicant's statutory right to treatment and that section 4603.2(a)(2) should apply due to the agreement's silence on transfer of care disputes.

Labor Code section 3201.7Labor Code section 3201.5(b)Alternative Dispute Resolution (ADR)self-procure treatmentmedical controlexclusive provider networkcarve-out agreementMedical Provider Network (MPN)collective bargaining agreementagreed list of providers
References
Case No. ADJ8969518
Regular
Mar 30, 2015

EDUARDO FLORES RAMOS vs. LETNER ROOFING CO.; GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed Eduardo Flores Ramos's petition for reconsideration because it was untimely filed. The petition was filed on January 11, 2015, which was more than 25 days after the WCJ's December 11, 2014 decision. The WCAB emphasized that the deadline for filing a petition for reconsideration is jurisdictional and proof of mailing is insufficient. The WCAB noted that the applicant may pursue their claim through alternative dispute resolution under a Union Collective Bargaining Agreement.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWCABWCJ ReportLabor CodeCalifornia Code of RegulationsAlternative Dispute ResolutionCollective Bargaining AgreementUnion Agreement
References
Case No. ADJ7188251; ADJ7188272
Regular
Mar 08, 2013

Raymond Mark vs. City of Los Angeles

This case involves a petition by applicant Raymond Mark to resubmit or remove two workers' compensation cases, alleging the City of Los Angeles refused to fund an arbitrator. The Appeals Board dismissed the petition for three reasons: no arbitrator decision existed for review, the underlying claims were previously dismissed giving the Board no jurisdiction, and the Board lacks jurisdiction over disputes concerning the administration of the Alternative Dispute Resolution Agreement itself. The Board concluded that the applicant's recourse for funding disputes lies in collective bargaining, arbitration, or petitioning the Administrative Director to decertify the agreement.

Petition for ResubmissionADR CasesL.C. § 3201.7ADR ARB IVCity of Los AngelesFunding ArbitratorOpinion and Order Granting ReconsiderationDecision After ReconsiderationOrder of DismissalJurisdiction
References
Case No. ADJ17726478, ADJ15918108
Regular
Oct 10, 2025

CHRISTINA AVILES vs. SAMUEL HALE, LLC & DIBARA MASONRY, LLC; CLEAR SPRING PROPERTY AND CASUALTY; ARCH INSURANCE

Applicant Christina Aviles sought reconsideration of a Findings of Fact and Orders (F&O) issued on July 11, 2025, which dismissed her cumulative injury claim for lack of jurisdiction, asserting a valid collective bargaining and alternative dispute resolution agreement. She argued defendants failed to prove the validity of these agreements. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the F&O, and returned the case for further proceedings. The WCAB found the trial record incomplete due to unresolved objections to evidence and a factual error regarding the workers' compensation carrier. The board also clarified the permissibility of 'notice to produce' in workers' compensation proceedings.

Collective Bargaining AgreementAlternative Dispute ResolutionLabor Code 3201.7Workers' Compensation Appeals BoardJurisdictionPetition for ReconsiderationFindings of Fact and OrdersSamuel Hale LLCDiBara Masonry LLCClear Spring Property and Casualty
References
Case No. SBR 0325166
Regular
Nov 16, 2007

JESUS PLACERES vs. ROY E. WHITEHEAD, INC., STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order dismissing his workers' compensation claim, which was based on a collective bargaining agreement's alternative dispute resolution system. The Appeals Board dismissed the petition for reconsideration as untimely, finding it was filed nine days after the statutory deadline. Because the petition was not received by the Board within the allowed timeframe, the Board lacked jurisdiction to consider it.

Workers' Compensation Appeals BoardLabor Code Section 3201.5Collective Bargaining AgreementAlternative Dispute Resolution SystemPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOrder of DismissalUntimely FilingStatutory PeriodJurisdictional
References
Case No. SDO 0341777
Regular
Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board affirmed an arbitration award against A.O. Reed & Company, finding that the arbitrator had jurisdiction despite Reed not being a signatory to the collective bargaining agreement. Reed waived its objections by participating in the arbitration and discovery without protest, thus effectively agreeing to the process. The Board also found that Reed could have discovered its signatory status with reasonable diligence prior to the arbitration.

Workers' Compensation Appeals BoardArmando GallegosA.O. Reed & CompanySt. Paul Travelers InsuranceUniversal MechanicalAmerican Casualty CompanySpecialty Risk ServicesSDO 0341777Opinion and Decision After ReconsiderationArbitrator jurisdiction
References
Case No. ADJ3875296 (SRO 0140946)
Regular
Sep 28, 2009

Corey Murphy vs. BLUE MOUNTAIN AIR, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns whether employer salary continuation payments count towards the two-year temporary disability cap under Labor Code section 4656(c). The Appeals Board granted reconsideration because the record was incomplete regarding the nature of the salary continuation. Specifically, the Board requires further development of evidence to determine if these payments were made under a collective bargaining agreement or formal company policy. The matter is returned to the trial level for these determinations and a new decision.

Temporary DisabilityLabor Code section 4656(c)Salary ContinuationPetition for ReconsiderationFindings and AwardIndustrial InjuryStaph InfectionRight Lower ExtremityCollective Bargaining AgreementFormal Company Policy
References
Case No. ADJ1403472
Regular
Dec 29, 2008

ALEKSANDER YAMNITSKIY vs. MORROW-MEADOWS CORP., ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which sought dismissal of the applicant's claim based on a collective bargaining agreement's alternative dispute resolution (ADR) provisions. The Board found insufficient evidence regarding the operative eligibility letter for the ADR plan at the time of the applicant's injury. The case is returned to the trial level to determine if the defendant can provide the necessary documentation to establish the ADR plan's applicability and warrant dismissal.

ADRLabor Code Section 3201.5collective bargaining agreementpetition for removalworkers' compensationapplication for adjudicationeligibility letterAdministrative DirectorWCJdismissal
References
Case No. ADJ6663169
Regular
Jan 27, 2010

RICHARD SHILTS (Deceased), KAAREN GUEST (Widow) vs. BRUNTON ENTERPRISES, INC., SEABRIGHT INSURANCE CO.

This case concerns whether a union's "carve-out" agreement, allowing for alternative dispute resolution under Labor Code § 3201.5, applies to dependent death benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a prior finding. The WCAB held that "carve-out" agreements, by their plain language, apply only to "employees" and not to dependents' death benefit claims. Because dependents' rights to death benefits are independent of the deceased employee's claim and constitutionally mandated, the WCAB found these claims fall under its exclusive jurisdiction.

carve-out agreementLabor Code section 3201.5death benefitsdependents' claimalternative dispute resolutionWCAB jurisdictioncollective bargaining agreementindustrial injurywidowinsurer
References
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