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

Case No. ADJ9326556 ADJ9768185
Regular
Mar 16, 2018

Walter Donovan vs. United Parcel Service, Liberty Mutual Insurance Company

This case involves applicant Walter Donovan, a UPS truck driver, seeking a higher occupational group number (460, material handlers) than the WCJ's finding (350, truck drivers). The Appeals Board granted reconsideration, applying the "dual occupation" rule. They found Donovan's duties as a delivery driver included significant loading and unloading, thus entitling him to the higher-rated group number 460 for permanent disability calculations. The Board's decision amends the original award to reflect this occupational group assignment.

Dual occupation ruleOccupational group numberTruck driversMaterial handlersMachine loadersPackage deliveryPermanent disabilityPetition for reconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator
References
Case No. LAO 0856142
Regular
Jan 04, 2008

MARCO ANTONIO HERNANDEZ vs. LANCA, INC. dba LANCA EXPRESS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involved an applicant, a delivery driver, who was shot and robbed while exiting a hotel after a delivery run. The applicant argued his injuries were work-related under the "commercial traveler" rule, which extends coverage to employees traveling for business. The defense contended the applicant was engaged in personal activities when injured, even if the location was a high-crime area. The Board denied reconsideration, upholding the finding that the injury was industrial, as the applicant's work duties brought him to the location where the incident occurred, and personal activities during travel are generally covered if reasonable.

Workers' Compensation Appeals BoardCommercial Traveler RuleCourse of EmploymentArising Out of EmploymentCredibility DeterminationReasonable InferencesPetition for ReconsiderationIndustrial InjuryBusiness TripLodging and Meals
References
Case No. ADJ10809651
Regular
Jun 19, 2018

JOSE LUIS CASTELLANOS vs. CACIQUE, INC.; TRAVELERS INSURANCE COMPANY

This case involves an applicant's workers' compensation claim for multiple injuries sustained as a delivery driver. The defendant employer sought reconsideration of an award finding the claim compensable, arguing the post-termination defense applied and the denial was timely. The Appeals Board denied reconsideration, upholding the WCJ's findings. The Board determined the employer's denial was untimely under Labor Code section 5402(b), creating a presumption of compensability. Furthermore, the Board found the post-termination defense did not bar the claim as the applicant's date of injury, under section 5412, was after his termination.

Workers' Compensation Appeals BoardIndustrial InjuryDelivery DriverCervical SpineLumbar SpineThoracic SpineShouldersHandsWristsAnkles
References
Case No. ADJ10806745
Regular
Sep 14, 2018

Richard Gabriel Gomez vs. Providence Little Company of Mary, Providence Health and Services

In this workers' compensation case, the applicant, a registered nurse, was injured when he fell after assisting a delivery driver to the hospital's loading dock. The defendant argued the injury was not AOE/COE as the applicant's actions were outside his employment duties. The Board denied reconsideration, affirming the WCJ's finding that assisting the driver was a reasonable act within the scope of employment, especially considering the hospital's stewardship policy. The Board also found no due process violation regarding the handling of deposition transcripts.

AOE/COEStewardship PolicyScope of EmploymentDeviation from DutyCredibility DeterminationDue ProcessAdmissibility of EvidencePetition for ReconsiderationFindings and AwardRegistered Nurse
References
Case No. ADJ8621962
Regular
Oct 07, 2013

RANDY EISTER vs. TCI TRANSPORTATION, PROTECTIVE INSURANCE INDIANAPOLIS

This case involves a truck driver, Randy Eister, who filed a workers' compensation claim for back and chest injuries allegedly sustained on October 7, 2012. The claim was denied, and Eister was terminated for cause prior to filing. The Workers' Compensation Appeals Board (WCAB) denied Eister's petition for reconsideration. The WCJ found Eister's testimony not credible, citing inconsistencies and a lack of corroboration for his alleged injury. The Board adopted the WCJ's report, emphasizing the deference given to the judge's credibility findings.

Petition for ReconsiderationWCABEisterTCI TransportationProtective Insurance IndianapolisTruck DriverAOE/COEPost-termination defenseCredibilityTimeliness
References
Case No. ADJ7032862 ADJ8942352
Regular
Jan 31, 2019

Robert Lockhart vs. Lexmar Distribution, Inc., Safety National Casualty Company, MATRIX, Redwood Fire, BHHC, California Insurance Guarantee Association, SEDGWICK CLAIMS MANAGEMENT SERVICES, ULLICO CASUALTY COMPANY

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding a cumulative trauma injury. The Board found that neither of the medical evaluators adequately understood the applicant's specific job duties as a hostler driver. Without a proper understanding of the cumulative physical impact of these duties, their opinions lack substantial evidence to support a finding of cumulative trauma. The matter is returned to the trial level for further development of the medical record regarding the applicant's job duties.

Workers' Compensation Appeals BoardCumulative TraumaSpecific InjuryPermanent DisabilityMedical EvidenceAgreed Medical EvaluatorPanel Qualified Medical ExaminerJob DutiesHostler DriverTruck Driver
References
Case No. ADJ9293237
Regular
Dec 12, 2017

MIGUEL GARCIA vs. AMERICAN WEST WORLDWIDE EXPRESS, INC., BLUE STAR CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding applicant Miguel Garcia an independent contractor. The WCAB found that the applicant established a prima facie case of employment, shifting the burden to the employer to prove independent contractor status. The Board determined that the employer exercised significant control over the applicant's work, despite the written agreement, but found insufficient evidence regarding the right to control and differences between employee and owner-operator drivers. Consequently, the WCAB rescinded the prior order and returned the case for further development of the record and a new decision.

Independent contractorEmployee statusBorello testRight to controlTruck driverOwner-operatorLabor Code section 2750.5WCABReconsiderationFindings and Order
References
Case No. ADJ8910480
Regular
Oct 02, 2015

SIMONA MONTALVO vs. DRIVER'S MANAGEMENT, LLC, ACE AMERICA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board upheld the Administrative Law Judge's decision that the applicant, a truck driver, did not sustain a psychiatric injury arising out of and occurring in the course of employment. This denial was based on the ALJ's finding of applicant's lack of credibility due to inconsistent statements and the absence of substantial evidence to overturn this determination. The Board also admonished applicant's representative for misrepresenting an exhibit's status in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJpsychiatric injuryLabor Code section 3208.3(d)credibility determinationReport and RecommendationMandatory Settlement Conference (MSC)Pre-Trial Conference Statement
References
Case No. ADJ8299618
Regular
Sep 24, 2013

MARIA LOPEZ vs. WESTERN PIZZA ENTERPRISES, THE HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the Administrative Law Judge's report, which found the applicant's testimony lacked credibility due to inconsistencies and admissions. The applicant's claims regarding the extent of her work duties and the cause of her injuries were contradicted by defense witnesses and medical records. The Board gave great weight to the ALJ's credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeCredibilityGarza v. Workmen's Comp. Appeals Bd.Continuous TraumaRepetitive TraumaDelivery DriverMotor Vehicle AccidentsSpecific Injuries
References
Case No. ADJ4696795 (SJO 0266117)
Regular
Aug 10, 2012

RUDOLPH GARCIA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a WCJ's order for a replacement QME panel. The WCAB found that the applicant's attorney erred in sending a request for a supplemental report to an incorrect address for the QME, despite the QME's report listing two addresses. Consequently, the QME did not receive the request and did not issue a supplemental report within 60 days. The WCAB determined that allowing a new panel would cause prejudice and unnecessary cost to the defendant.

Workers' Compensation Appeals BoardRemovalQME panelsupplemental reportcompensable consequenceindustrial injurydelivery driveradministrative law judgePetition for Removalfindings and order
References
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