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Case Law Database

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

Case No. ADJ6951586
Regular
Apr 08, 2015

MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of an order regarding a deceased worker's settlement. The Petitioner, Riverside County Department of Child Support Services, sought to satisfy a child support lien from the settlement allocated to dependents. The Board adopted the WCJ's reasoning that Labor Code §4700 dictates that only accrued and unpaid compensation is payable to dependents, and a child support lien under Labor Code §4903(e) attaches only to such benefits. As there were no accrued benefits owed to the deceased applicant, the child support lien could not be satisfied from the death benefit settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportRiverside County Department of Child Support ServicesState Bar NumbersWCAB Rule 10498SanctionsADJ6951586DeceasedJF Shea
References
1
Case No. ADJ1063483 (SBR 0342621)
Regular
Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

This case involves Allied Van Lines seeking reconsideration of a prior order finding their employee, Song Rogers (now deceased), sustained a work-related injury. The employer argued the finding was based solely on the inconsistent testimony of the deceased's husband regarding employment details. The Board denied the petition, adopting the judge's findings that the husband's testimony was credible despite apparent inconsistencies. The Board emphasized the judge's opportunity to assess witness demeanor as critical to the credibility determination.

Workers' Compensation Appeals BoardAllied Van LinesTransguard Insurance Company of AmericaSong RogersRichard RogersFindings and OrderDarren Bergey M.D.employee statuscredibility determinationdeposition testimony
References
0
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
1
Case No. ADJ7731222
Regular
Apr 29, 2014

J. MICHAEL DEVROOM (Deceased), PAMELA FELCHER (Widow) vs. DEPARTMENT OF CONSUMER AFFAIRS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision except for specific amendments. The applicant's widow, Pamela Felcher, was awarded a $250,000 death benefit for her deceased husband, J. Michael Devroom, with payments commencing June 23, 2010. This award is subject to credit for CALPERS payments and attorney fees, and the deceased was found to be a safety-classified employee exempting him from certain statutory limitations. Additionally, Ms. Felcher is entitled to $2,109.02 for burial expenses, and attorney fees of $37,500 are awarded.

Workers' Compensation Appeals BoardPamela FelcherJ. Michael DevroomDepartment of Consumer AffairsState Compensation Insurance FundPetition for ReconsiderationDecision After ReconsiderationDeath BenefitCALPERS CreditLabor Code Section 4707(b)
References
0
Case No. ADJ10140589
Regular
Nov 14, 2017

SAUL SALCEDA, JR. (Deceased); ELIZABETH R. SALCEDA, Guardian Ad Litem and Trustee for ELLEN KATE SALCEDA, a minor and NOYLAHNA PHUTSDAY SIBOURIBOUN, a minor vs. DIRECT MOTION, INC.; HANOVER INSURANCE GROUP WORCESTER

This case involves a petition for reconsideration of a denial of workers' compensation benefits for the death of Saul Salceda, Jr. The applicant argued the deceased's fatal injury arose from his employment, but the WCAB affirmed the WCJ's finding that it did not. The WCAB found that while there was a special mutuality between the deceased and his employer, his fatal activities did not benefit the employer directly or indirectly, thus the dual purpose rule was inapplicable. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardGuardian Ad LitemTrusteeFindings and OrderPetition for Reconsiderationnon-compensabledual purpose rulearising out ofcourse of employmentdecedent's death
References
1
Case No. ADJ8967361
Regular
Nov 26, 2014

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN dba G\&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted by MEADOWBROOK INSURANCE GROUP

This case involved a petition for reconsideration by the applicant in a workers' compensation matter where the deceased worker, Felipe Garcia, was initially found to be an employee but later deemed an independent contractor by the Appeals Board. The applicant argued the Board erred by disregarding the WCJ's credibility assessment and by not applying Labor Code section 2750.5 to unlicensed contractors. The Board denied the petition, finding no evidence the deceased worker was engaged in activities requiring a contractor's license under Business and Professions Code sections 7000 and 7026. Therefore, Labor Code section 2750.5 was inapplicable, and the prior decision finding the applicant an independent contractor was upheld.

Workers' Compensation Appeals BoardIndependent contractorEmployee statusReconsiderationLabor Code section 2750.5Contractors' State License LawBlew v. HornerGarza v. Worker's Comp. Appeals Bd.Rinaldi v. Workers' Comp. Appeals Bd.Unlicensed contractor
References
4
Case No. MISSING
Regular Panel Decision

Claim of Watson v. Vogue Metalcraft, Inc.

This case involves an appeal from a Workers' Compensation Board decision that awarded death benefits to the mother of a deceased employee. The employee sustained fatal injuries in an explosion at her workplace on July 24, 1980. The central issue on appeal was the validity of the board's finding that the mother was a dependent according to the Workers' Compensation Law. The court reviewed the record and concluded that there was ample support for the board's determination. Consequently, the decision was affirmed, with costs awarded to the Workers' Compensation Board.

Death BenefitsDependency ClaimWorkers' Compensation LawAppellate DecisionFatal AccidentExplosion IncidentEmployee RightsBoard DeterminationCourt Costs
References
2
Case No. ADJ3762715 (BAK 0154426) ADJ616116 (BAK 0154350)
Regular
Mar 06, 2013

ERIC PETERSEN (Deceased) vs. COUNTY OF KERN

This case involves claims for workers' compensation benefits by Eric Petersen, a deceased volunteer firefighter, for injuries sustained in 2007 and 2008. The County of Kern was found to be the applicant's employer and failed to secure workers' compensation coverage, leading to the joinder of the Uninsured Employers Benefit Trust Fund. The Court of Appeal affirmed the denial of reconsideration by the Workers' Compensation Appeals Board and remanded the case. The Board now returns the matter to the trial level to address outstanding issues, including recently filed applications for death benefits by the applicant's significant other.

RemittiturVolunteer firefighterIndustrial injuriesCounty of KernSelf-insured programUninsured Employers Benefit Trust FundJoinderPetition for Writ of ReviewDeath BenefitsSignificant other
References
1
Case No. ADJ11164231
Regular
Nov 06, 2013

CHRISTOPHER JOHNSON, (Deceased) vs. COUNTY OF SAN DIEGO

This case involves a petition for exhumation and autopsy filed by the dependents of a deceased sheriff to determine the industrial cause of death. The Workers' Compensation Appeals Board denied the petition because the applicants failed to provide any expert medical opinion supporting the necessity of an autopsy, despite multiple continuances in the case for discovery. The Board cited case law emphasizing that exhumation is a sensitive matter requiring substantial justification and expert support to demonstrate its probable value in providing significant information. While the petition is denied, it can be refiled with appropriate supporting evidence.

Workers' Compensation Appeals BoardPetition for Exhumation and AutopsyIndustrial InjuryCardiac ArrestArising Out Of Employment (AOE)Occurring In The Course Of Employment (COE)Declaration of Readiness to Proceed (DOR)Labor Code Section 5706Labor Code Section 5707Expert Opinion
References
4
Case No. MISSING
Regular Panel Decision

Claim of Monahan v. Remington Rand, Inc.

A self-insured employer appealed a Workmen’s Compensation Board decision granting death benefits to the widow of a deceased employee. The core issue was whether the employee's death resulted from an accident arising out of and in the course of his employment. The employee, an outside service man, was killed in a car accident on his way home after volunteering to repair a machine for his employer in Albany. The Board determined he remained an outside worker and that the accident was work-related. The appellate court affirmed, finding the Board's decision justified by the evidence, as the work performed was clearly for the employer's benefit.

Workers' CompensationDeath BenefitsOutside WorkerCourse of EmploymentArising Out of EmploymentSelf-Insured EmployerAppellate ReviewVoluntary WorkFatal AccidentBoard Decision
References
0
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