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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1009271 (AHM 0055424)
Regular
Apr 27, 2009

MYRNA PEREZ vs. FIDELITY FEDERAL BANK, TIG SPECIALTY INSURANCE CO., REM, LTD, GOLDEN EAGLE

This case concerns a contribution dispute between two insurance carriers, TIG and Golden Eagle, for a cumulative trauma injury claim. Golden Eagle sought reconsideration of an order compelling it to pay over $\$101,000$ in contribution to TIG. Golden Eagle argued it was never properly served with a notice of intention and that Labor Code section 5275 mandates arbitration for contribution disputes. The Appeals Board agreed that mandatory arbitration applies, rescinded the order, and remanded the case for either informal resolution or arbitration.

Workers' Compensation Appeals BoardOrder of ContributionPetition for ReconsiderationLabor Code section 5275mandatory arbitrationContributionCumulative Trauma InjuryCompromise and Release AgreementPetition for ContributionNotice of Intention
References
Case No. ADJ8965413
Regular
Sep 02, 2015

MICHELLE DRACCO vs. ANOVA EDUCATION AND BEHAVIORAL, STATE COMPENSATION INSURANCE FUND

The Board affirmed the WCJ's finding of a compensable industrial psychiatric injury, finding that the applicant met the six-month employment requirement despite taking school breaks. However, the Board amended the decision to grant the defendant credit for temporary disability overpayment from October 18-28, 2012. This amendment was based on the employer's valid offer of modified work, made before psychiatric injury was alleged or medically established. One commissioner concurred with the psychiatric injury finding but dissented on the credit allowance.

Labor Code § 3208.3(d)psychiatric injurysix-month employment requirementcompensable consequencetemporary total disabilityoverpayment creditmodified work offeractual serviceroutine stresssudden and extraordinary event
References
Case No. ADJ8514331
Regular
Sep 04, 2014

ANITA CARILLO vs. HAMPTON INN AND SUITES, ATHENS ADMINISTRATORS

The Appeals Board granted the defendant's Petition for Removal to join Hartford Insurance Company of the Midwest as a party defendant. This decision was based on the defendant's timely petition for contribution filed within one year of the Order Approving Compromise & Release. The Board found no statutory bar to joinder when a contribution petition is timely filed, even if it occurs after the initial settlement approval. The case is returned to the trial level to resolve issues regarding the joinder of CIGA and potential arbitration.

Petition for RemovalPetition for JoinderContributionLabor Code section 5500.5(e)Statute of LimitationsCompromise and ReleaseUllico Casualty Company liquidationCalifornia Insurance Guarantee Association (CIGA)Mandatory ArbitrationWorkers' Compensation Appeals Board (WCAB)
References
Case No. ADJ6659926, ADJ6659223
Regular
Feb 10, 2012

MICHELLE JIMENEZ vs. DENCO SALES COMPANY, ACE PROPERTY AND CASUALTY COMPANY, ARGONAUT INSURANCE COMPANY

This case involves a nunc pro tunc order by the Workers' Compensation Appeals Board (WCAB) to correct a clerical error in a prior January 6, 2012 decision. The error was the inclusion of "days" alongside "weeks" when specifying the duration of additional temporary disability indemnity. The WCAB clarified that the award was for up to 35 weeks of temporary disability, not weeks and days. While defendants raised issues about their respective liabilities and payments, the WCAB confirmed that the January 6, 2012 decision only addressed the total amount of temporary disability owed to the applicant and did not resolve inter-defendant contribution claims.

Nunc Pro Tunc OrderClerical ErrorTemporary Disability IndemnityFindings and AwardReconsiderationContributionReimbursementCumulative Trauma InjuryWorkers' Compensation Appeals BoardWCJ
References
Case No. WCK 60593
Regular
Mar 28, 2008

SUSANA AGUILAR vs. CUSTOM SENSORS AND TECHNOLOGIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior dismissal order. The defendant argued they were denied due process because they did not receive notice of intention to dismiss, and the dismissal was improper as the main claim was settled, leaving only a contribution issue. The Board agreed that substantial justice warranted a hearing on the merits, remanding the case for further proceedings.

Petition for ReconsiderationOrder of DismissalApplication for Adjudication of ClaimNotice of Intention to DismissDue ProcessCompromise and ReleaseContribution between defendantsReport and RecommendationProof of serviceDismissal of contribution claim
References
Case No. ADJ3688325 (SBR 0323875) ADJ1445844 (SBR 0323876) ADJ4577184 (SBR 0323877)
Regular
Sep 22, 2009

MARIA FUENTES vs. WAKEFIELD ENGINEERING, AIG COSTA MESA, LUMBERMEN'S MUTUAL CASUALTY CO.

This case involves a defendant seeking reconsideration of an order that reinstated a prior workers' compensation award. The defendant argued the order erroneously reinstated the award after it was dismissed from one of the underlying cases and was not given due process. The Appeals Board dismissed the reconsideration petition, finding the order at issue was not a final order and thus not subject to review under Labor Code section 5900. Furthermore, the Board denied a petition for removal, concluding the defendant failed to demonstrate significant prejudice or irreparable harm, as it remains liable under the joint award and can seek contribution from another insurer.

WCABPetition for ReconsiderationPetition for RemovalOrder Setting Aside Findings and AwardVocational Rehabilitation BenefitsQualified Injured WorkerSpecific InjuryCumulative TraumaInsurance CoverageParty Defendant
References
Case No. ADJ14138672
Regular
Aug 05, 2025

MARIO HERNANDEZ vs. FRESH QUALITY PRODUCE, INC.; STATE COMPENSATION INSURANCE FUND; CYPRESS INSURANCE C/O BERKSHIRE HATHAWAY HOMESTATE COMPANY

Defendant State Compensation Insurance Fund (SCIF) sought reconsideration of an Arbitrator's Decision on Petition for Contribution, which found Cypress Insurance liable for a portion of contribution. SCIF contended that the WCA should have relied on Labor Code section 5500.5 to determine the last injurious exposure period and award a higher contribution. The Appeals Board received an answer and the Arbitrator's Report and Recommendation, which suggested denying reconsideration. After preliminary review, the Appeals Board granted SCIF's Petition for Reconsideration, but this is not a final order. The final decision after reconsideration is deferred pending further review of the merits and the entire record.

Petition for ReconsiderationState Compensation Insurance FundCypress InsuranceLabor Code section 5500.5contributionlast injurious exposurecumulative injurytimely actednotice of transmissionsubstantial evidence
References
Case No. ADJ4348361 (STK 0170600)
Regular
Aug 02, 2012

Richard Horton vs. Crown Cork and Seal, American Protection Insurance Company, BROADSPIRE, Travelers Property Casualty Company of America

This case concerns defendant American Protection Insurance Company's (APIC) petition for contribution from Travelers Insurance Company for benefits paid to applicant Richard Horton. The Arbitrator denied APIC's petition, finding contribution was precluded because a prior stipulated award did not grant "new and distinct benefits." The Appeals Board granted reconsideration, rescinding the Arbitrator's decision. The Board determined that a supplemental award granting new and further permanent disability, including a psyche injury claim, constituted new and distinct benefits subject to contribution, even if the original award was time-barred. The matter was returned for further proceedings to determine the extent of APIC's contribution rights.

ContributionReconsiderationPetition to ReopenNew and Further DisabilityInjury to the PsycheCompensable ConsequenceStipulated AwardArbitrator"New and Distinct Benefits"Labor Code Section 5500.5
References
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