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

Case No. ADJ480092 (SFO 0498380) ADJ2934310 (SFO 0498381)
Regular
Jul 07, 2009

TONI M. MORGAN vs. REDWOOD CREDIT UNION, ZENITH INSURANCE COMPANY, UNITED STATES FIRE INSURANCE COMPANY

In a workers' compensation matter involving cumulative injury claims, defendant Zenith Insurance Company sought reconsideration of an Appeals Board decision that deferred the issue of permanent disability. The Board dismissed Zenith's petition, ruling that the deferral order was interlocutory and not a final decision subject to reconsideration. Furthermore, the Board denied Zenith's request for removal, finding no evidence of substantial prejudice or irreparable harm. Therefore, Zenith's attempt to challenge the procedural deferral was unsuccessful.

Zenith Insurance CompanyPetition for ReconsiderationRemovalInterlocutory OrderPermanent Disability Rating ScheduleCumulative InjuryBilateral Upper ExtremitiesAlmaraz GuzmanLabor Code section 5502Substantial Prejudice
References
8
Case No. ADJ9674251
Regular
Apr 17, 2015

LAURA MALED vs. DIAMOND LEARNING CENTER, INC., AMTRUST NORTH AMERICA, JAMI HAMEL DE LA CERDA, DANIEL DE LA CERDA, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY

Applicant Laura Maled sought removal after the WCJ deferred ruling on a motion to quash a subpoena. The subpoena requested records from Diamond Learning Center, Inc., which AMTRUST, its insurer, claimed were overbroad and privileged. Applicant argued the deferral prejudiced her ability to conduct necessary discovery. The Appeals Board granted removal, finding the deferral caused substantial prejudice and irreparable harm. The case was remanded for a status conference to facilitate discovery resolution or a ruling on the motion to quash.

Petition for RemovalPetition for Order QuashingSubpoena Duces TecumAttorney-Client PrivilegeAttorney Work Product DoctrineDiscovery DisputeIrreparable HarmSubstantial PrejudiceWCJ DeferralAmended Application
References
0
Case No. ADJ7861351
Regular
Sep 08, 2015

MARIA ZAVALA vs. KAISER PERMANENTE

The Workers' Compensation Appeals Board denied Maria Zavala's Petition for Removal, finding that she failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The denial stems from the deferral of a decision on applicant's attorney's request for reimbursement of vocational expert costs. The Workers' Compensation Judge recommended denial, stating that the issue was deferred for judicial economy until the underlying claim is resolved, and this deferral does not cause substantial harm. The Board adopted the Judge's reasoning in its order.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportJudicial EconomyCosts ReimbursementVocational Rehabilitation ExpertDeclaration of Readiness
References
2
Case No. ADJ1756675 (STK 0194632) ADJ2792711 (STK 0194633)
Regular
Sep 21, 2009

Scott Davis vs. RMC PACIFIC MATERIALS, INC., TRAVELERS INDEMNITY OF ILLINOIS

The applicant sought reconsideration of a Joint Findings and Award concerning industrial injuries to his right arm, shoulder, neck, psyche, and right foot/ankle. The WCJ deferred the issue of permanent disability for further medical development. The applicant's petition for reconsideration, which challenged this deferral, was dismissed. This dismissal was based on the principle that reconsideration can only be sought from a final order, and the WCJ's deferral of issues for further development is an interlocutory procedural decision. The applicant may seek reconsideration of a final award once permanent disability is determined.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryWelder/MechanicRight ArmShoulderNeckPsycheTemporary Disability
References
10
Case No. MISSING
Regular Panel Decision

Empire Gen Holdings, Inc. v. Governor of New York

The applicants, Empire Gen Holdings, Inc. and Empire Generating Co, LLC, initiated a declaratory judgment and injunction action challenging the constitutionality of New York Tax Law §§ 33 and 34, known as the "Tax Credit Deferral Provisions". They contended that these provisions unconstitutionally delayed their receipt of a significant brownfield redevelopment tax credit, violating their rights under the Takings Clause, Due Process, Contracts Clause, and Equal Protection. The defendants moved to dismiss the complaint for failing to state a cause of action. The court granted the defendants' motion, ruling that the plaintiffs had no vested property right to the tax credit prior to the enactment of the deferral provisions, thereby defeating their Takings and Due Process claims. Furthermore, the court found no contractual impairment and determined that the tax credit classifications were rationally related to legitimate government interests, leading to the dismissal of all constitutional challenges.

Constitutional LawTax LawDeclaratory JudgmentInjunctionTax CreditsBrownfield RedevelopmentTakings ClauseDue ProcessContracts ClauseEqual Protection
References
20
Case No. STK 0148870, STK 0148871, STK 0167759
Regular
Dec 07, 2007

GENOVEVA VELA vs. OAK VALLEY HOSPITAL and CIGA, on behalf of FREMONT INSURANCE COMPANY, in liquidation

The applicant's petition for reconsideration was dismissed as untimely. The defendant's petition was denied, upholding the WCJ's decision to reject the Agreed Medical Evaluator's apportionment opinion due to lack of substantial evidence and specificity. The Board also noted that the defendant was not aggrieved by the deferral of the temporary disability issue.

Workers' Compensation Appeals BoardGenoveva VelaOak Valley HospitalCIGAFremont Insurance CompanyPetition for ReconsiderationFindings of FactAward and OrderIndustrial InjuryPermanent Disability
References
17
Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)
Regular
Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue
References
7
Case No. VNO 0413573
Regular
Apr 04, 2008

EVELIA CENDEJAS vs. MERLE NORMAN COSMETICS, ARROWPOINT CAPITAL CORPORATION, ROYAL & SUNALLIANCE, CAMBRIDGE, STAR STAFFING SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an award, affirming the finding of special and general employment but deferring the payment of benefits. This deferral is to allow the insurers to resolve their liability dispute through mandatory arbitration, as the WCJ's decision regarding which insurer was responsible was unclear and lacked a proper legal basis. The Board clarified that once the arbitration is complete, a final award can be made.

Workers' Compensation Appeals BoardEvelia CendejasMerle Norman CosmeticsArrowpoint Capital CorporationRoyal & SunAllianceStar Staffing ServicesInc.California Insurance Guarantee Association (CIGA)Superior National Insurance CompanySpecial Employer
References
1
Case No. OAK 0326235
Regular
May 01, 2008

ALMA CRANDELL vs. ANTIOCH UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the applicant's request for more home healthcare benefits and granted the defendant's request to reconsider the award. The Board affirmed the original award for home healthcare but deferred the issue of to whom the payments should be made, remanding it to the trial level for further development of the record. This deferral is to determine if the payments are due to the applicant's family who provided the care or if they should be made through a previously appointed guardian and trustee.

ReconsiderationHome HealthcareGuardian Ad LitemTrusteeLien ClaimantsLabor Code §4903(b)Labor Code §5313Labor Code §4903.2WCJ ReportDecision After Reconsideration
References
0
Case No. ADJ8829857 ADJ8829856
Regular
Apr 18, 2016

DULCE ESPINOZA vs. JENCO PRODUCTIONS, INC., FIRST NATIONAL INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the appealed finding, deferring development of the record on psychiatric injury, was not a final order. The Board then treated the petition as one for removal, granted it, and rescinded the deferral. Ultimately, the Board found that the applicant failed to prove industrial injury to her psyche, citing a lack of objective evidence and inconsistencies in her reporting, as well as a conflicted medical opinion.

WORKERS' COMPENSATION APPEALS BOARDDULCE ESPINOZAJENCO PRODUCTIONSINC.FIRST NATIONAL INSURANCE COMPANY OF AMERICAADJ8829857ADJ8829856Petition for ReconsiderationPetition for RemovalDecision After Removal
References
10
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