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

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summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding a cumulative trauma injury.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. ADJ6616986; ADJ6603689; AD6616952
Regular
Aug 20, 2018

TERRY LEMBCKE vs. IVANHOE RANCH PARTNERS, LLC, HENRY GAMBOA

This case concerns Terry Lembcke's workers' compensation claims against Ivanhoe Ranch Partners, LLC and Henry Gamboa. The applicant alleged he was a statutory employee under Labor Code §2750.5 due to the nature of his work, which he claimed required contractor licenses that the defendants' entity lacked. The Workers' Compensation Appeals Board denied reconsideration of the WCJ's decision, adopting the WCJ's reasoning. The Board found that the defendants failed to rebut the presumption of employment under Labor Code §2750.5.

Statutory employeeLabor Code 2750.5Petition for ReconsiderationUninsured Employers Benefit Trust FundIvanhoe Ranch Partners LLCHenry Gamboawillful misconductindependent contractor statuscontractor's licenserebuttable presumption
References
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. ADJ4484214, ADJ1095231, ADJ1532047, ADJ7900801
Regular
May 17, 2017

CANA SWARTOUT vs. ENTERTAINMENT PARTNERS, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES, CAST & CREW ENTERTAINMENT, ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, CNA CLAIMS PLUS

This case involved multiple employers and insurance carriers for Dana Swartout's various work-related injuries sustained between 2002 and 2007. The Workers' Compensation Appeals Board (WCAB) initially issued findings but granted reconsideration to study the issues, including contentions about permanent total disability and statute of limitations. Following settlement conferences, the parties entered into a Compromise and Release agreement, which the WCAB has now approved. The WCAB rescinded its prior order and approved the settlement, finding it adequate and in the applicant's best interest.

Workers Compensation Appeals BoardDana SwartoutEntertainment PartnersAmerican Home AssuranceAIG Claims ServicesCast & Crew EntertainmentZurich North AmericaAmerican Casualty CompanyCNA Claims PlusPermanent Total Disability
References
Case No. ADJ2790090 (LAO 0278759) ADJ2006433 (LAO 0799986)
Regular
Aug 01, 2011

ORANGE PORTER vs. WESTEC GEAR CORPORATION, CNA CASUALTY OF CALIFORNIA

This case involves competing petitions for reconsideration of a workers' compensation award. The primary issue is the lack of a complete record, specifically the absence of served Minutes of Hearing and Summary of Evidence, which prevents meaningful review. Consequently, the Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings and a new decision. The parties raised various contentions regarding injury findings, apportionment, and indemnity rates, which will be addressed on remand.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardIndustrial InjuryCervical SpineLumbar SpineUpper ExtremitiesBilateralLeft Lower ExtremityPsyche
References
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. ADJ14138679
Regular
Jun 16, 2025

Enrique Dominguez vs. Via Transportation, Inc.; United States Fire Insurance Company

The Workers' Compensation Appeals Board granted applicant Enrique Dominguez's petition for reconsideration of a March 3, 2025 Findings and Award. The initial F&A found Dominguez to be an independent contractor, not an employee, of Via Transportation, Inc. The Appeals Board rescinded the F&A, ruling that the workers' compensation administrative law judge (WCJ) erred by not properly applying the burden of proof on the defendant to rebut the employment presumption under Labor Code section 2775 and Business and Professions Code section 7451. The case has been returned to the trial level for further proceedings consistent with the Board's decision.

Independent contractoremployment presumptionABC testProposition 22Business and Professions Code Section 7451network companyright to controlburden of proofdriver partnerTNC platform
References
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