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

Case No. ADJ7271617
Regular
Aug 27, 2012

LEONARD KEY vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL CORPORATION

This case involves applicant Leonard Key seeking workers' compensation benefits for an injury sustained while teaching a music production course. The defendant, Los Angeles County Office of Education (LACOE), contended that Key was an independent contractor and not an employee. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding that Key was an employee, emphasizing LACOE's control over the means and manner of his work, despite an independent contractor agreement. Key lacked control over class schedules, room assignments, and was paid hourly, weighing against independent contractor status. Therefore, the WCAB found that LACOE failed to meet its burden to prove Key was an independent contractor.

Workers' Compensation Appeals BoardLeonard KeyLos Angeles County Office of EducationCorvel CorporationADJ7271617Opinion and Decision After ReconsiderationWCJemployee statusindependent contractordirection and control
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. ADJ3853266
Regular
Sep 12, 2008

Duncan Grant vs. Contra Costa Fire Protection District, Contra Costa County Risk Management

The WCAB granted reconsideration and rescinded the July 1, 2008 Findings and Award, returning the matter for further proceedings to determine if the applicant's prostate cancer developed or manifested within 60 months of his last day of work.

WCABContra Costa Fire Protection DistrictDuncan GrantADJ3853266OAK 0318197ReconsiderationGranting ReconsiderationDecision After Reconsiderationindustrial cumulative traumaprostate cancer
References
Case No. ADJ7060020
Regular
May 11, 2015

JOSEFINA PAMPLONA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a claim for an applicant who was not found to be employed by LAUSD at the time of injury. The Board rescinded the original findings and returned the case for further proceedings. Key issues to be addressed include whether the injury is presumed compensable under Labor Code section 5402(b) due to the employer's failure to reject the claim within 90 days, and alternatively, the applicability of Labor Code section 3368 regarding student employees. The parties and WCJ must determine if the applicant was enrolled in a qualifying educational program as defined by statute.

Josefina PamplonaLos Angeles Unified School DistrictLabor Code section 3368work experience educationcooperative vocational educationcommunity classroomsstudent apprenticeship programDivision of Apprenticeship Standardsregistered student apprenticesLabor Code section 5402(b)
References
Case No. ADJ6718488
Regular
Apr 08, 2020

PATRICK SAUCEDA vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a special education teacher injured by a student's assault. The Workers' Compensation Appeals Board affirmed a finding of serious and willful misconduct against the school district for failing to notify the teacher of the student's documented violent tendencies. The majority found the district knew of the danger, the probable consequences of serious injury, and deliberately failed to act, violating both Labor Code and Education Code provisions. A dissenting opinion argued the student's privacy and educational rights should have been prioritized, questioning the school's ability to act based on mere speculation.

Serious and Willful MisconductSpecial Education TeacherStudent AssaultViolent TendenciesDuty to WarnEducation Code § 49079Labor Code § 4553Intentional ActReckless DisregardCorrective Action
References
Case No. ADJ8328065
Regular
Apr 25, 2014

DEBORAH McGUIRE vs. VENTURA COUNTY OFFICE OF EDUCATION; Permissibly Self-Insured, YORK RISK SERVICES

In *McGuire v. Ventura County Office of Education*, the defendant withdrew its petition for reconsideration after a tentative settlement agreement was reached. The Appeals Board granted reconsideration, rescinded the original WCJ decision, and returned the case to the trial level. This action allows for the approval of a compromise and release agreement. If the agreement is not approved, the original decision can be reissued for further reconsideration.

ADJ8328065VENTURA COUNTY OFFICE OF EDUCATIONYORK RISK SERVICESPetition for ReconsiderationFindings and Award and OrderCompromise and Release AgreementRESCINDEDtrial levelworkers' compensation administrative law judgeWCJ
References
Case No. ADJ9054894
Regular
Nov 29, 2016

GRANT GROVER vs. ATASCADERO STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both applicant Grant Grover and defendant State Compensation Insurance Fund. This action was taken to allow the WCAB sufficient time to thoroughly study the factual and legal issues presented. The WCAB determined this further review is necessary to ensure a just and reasoned decision. All subsequent filings related to the petitions must be directed to the WCAB Commissioners' office in San Francisco, not local district offices or e-filing.

Grant GroverAtascadero State HospitalState Compensation Insurance FundADJ9054894San Jose District OfficePetitions for ReconsiderationSeptember 202016Statutory time constraintsFactual and legal issues
References
Case No. ADJ 2497207
Regular
Sep 02, 2008

PAUL MARTINEZ vs. HERITAGE FOODS, ST. PAUL FIRE & MARINE INSURANCE COMPANY

Reconsideration granted; WCJ's decision rescinded due to uncertainty in permanent disability rating; matter returned to WCJ for further proceedings and new decision.

Workers Compensation Appeals BoardPaul MartinezHeritage FoodsSt. Paul Fire & Marine Insurance CompanyADJ 2497207POM 0277661Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial Injury
References
Case No. ADJ3118798 (LAO 0821877), ADJ1735055 (LAO 0821878), ADJ804986 (LAO 0821879)
Regular
Aug 25, 2011

NINA SINISTSYNA vs. OLYMPIC REHABILITATION CENTER, STATE COMPENSATION INSURANCE FUND, EVEREST NATIONAL INSURANCE COMPANY c/o ACCA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For CREDIT GENERAL, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Workers' Compensation Judge's (WCJ) July 1, 2011 decision. The WCAB rescinded the WCJ's decision and returned the matter for further proceedings and a new decision by the WCJ. This action is not a final determination on the merits of the case.

WORKERS' COMPENSATION APPEALS BOARDOLYMPIC REHABILITATION CENTERSTATE COMPENSATION INSURANCE FUNDEVEREST NATIONAL INSURANCE COMPANYCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONCREDIT GENERALIn LiquidationADJ3118798ADJ1735055ADJ804986
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
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