CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. LBO 0355505
Regular
Feb 26, 2008

REBECCA BETANCOURT vs. CHECKMATE STAFFING SERVICES, UNINSURED EMPLOYERS FUND, J.C. PENNEY, INC., AMERICAN HOME ASSURANCE c/o AIG CLAIM SERVICES

This case involves an applicant injured while working for Checkmate Staffing Services, a general employer, and J.C. Penney, Inc., a special employer. The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision, notably reversing the administrative law judge's (ALJ) assessment of penalties against Checkmate and remanding the issue of Checkmate's insurance coverage to the trial level. The WCAB affirmed joint and several liability for benefits against Checkmate, J.C. Penney, American Home Assurance, and the Uninsured Employers Fund (UEF), ordering American Home Assurance to administer benefits while reserving jurisdiction to determine ultimate liability.

Workers' Compensation Appeals BoardReconsiderationJoint and Several LiabilitySpecial EmployerGeneral EmployerUninsured Employers FundLabor Code Section 3722Certificate of Liability InsuranceDue ProcessDual Employment Relationship
References
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
Case No. ADJ10560449
Regular
Sep 28, 2018

CYNTHIA AVALOS vs. YOUNGS CARGO, INC., SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY

This case involves a workers' compensation claim where the applicant, Cynthia Avalos, sustained injuries while driving for Young's Cargo, Inc. (YCI). Southeast Personnel Leasing, Inc. (SPLI), argued it was not the applicant's employer, citing a co-employment agreement with YCI and the timing of receiving application paperwork. The Workers' Compensation Appeals Board denied SPLI's petition for reconsideration and dismissed its petition for removal. The Board affirmed the finding of joint and several liability for both SPLI and YCI, based on evidence of a dual employment relationship and SPLI's retroactive ratification of the applicant's employment status by issuing a paycheck.

Dual employmentSpecial employmentJoint and several liabilityCo-employment agreementRetroactive ratificationThreshold issueFindings of Fact and AwardPetition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals Board
References
Case No. VNO 0470470
Regular
May 12, 2008

GERARDO RAMIREZ vs. WILLIAM ALONSO, UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board granted reconsideration to further develop the record concerning applicant Gerardo Ramirez's employment status at the time of his injury. The Board rescinded the previous findings, finding the evidence insufficient to support dual employment and needing clarification on whether applicant was a casual employee, which might affect his eligibility for benefits. The case was returned to the trial level for additional evidence gathering, including a review of the defendant's insurance policy for the property where the injury occurred.

Workers' Compensation Appeals BoardUninsured Employers Fundindustrial injuryright major extremitydefendant's contentiondual employmentthreshold issueemployment relationshippresumption of employmentjoint venture
References
Case No. ADJ11968759
Regular
Apr 13, 2023

JESUS ORTEGA GONZALEZ vs. MAJOR TRANSPORTATION SERVICES, INC., BALJINDER S. GILL, PEOPLEASE LLC, NATIONAL INTERSTATE RICHFIELD.

This case involves an applicant injured while employed by both Major Transportation Services and Peoplease, a Professional Employer Organization (PEO). Peoplease sought reconsideration of a finding that they jointly employed the applicant on the date of injury, arguing payroll was not processed through them. The Board denied reconsideration, adopting the WCJ's reasoning that a co-employment relationship existed. The WCJ found that despite Peoplease's argument about payroll timing, evidence showed Peoplease benefitted from the applicant's work and their actions were inconsistent with strict contract adherence, akin to precedent in Gulam v. Patel. Ultimately, Peoplease's arguments regarding payroll timing were deemed coverage issues subject to arbitration and not grounds to deny the finding of co-employment.

Professional Employer OrganizationPEOdual employmentgeneral employerspecial employerco-employmentclient policyLabor Code section 3602(d)presumption of employmentsubstantial evidence
References
Case No. ADJ3605789 (GOL 0101314) ADJ2387995 (GOL 0101316) ADJ460036 (GOL 0101615)
Regular
Dec 12, 2011

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant claiming injuries while employed as a zookeeper for Neverland Valley Ranch and other entities. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior findings, and returned the case for further proceedings. The Board found that the trial judge erred by excluding evidence related to employment agreements under the parol evidence rule, which is relevant to determining employer status. Further development of the record is required to properly address the applicant's employment relationships with the defendant entities.

Workers' Compensation Appeals BoardJorge VivancoNeverland Valley RanchMichael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. ADJ7217859, ADJ7544106
Regular
Oct 21, 2014

YOLANDA MARTINEZ vs. MASS PRECISION, COMPWEST INSURANCE COMPANY, SCI @ BALANCE STAFFING SERVICE, ZURICH NORTH AMERICA

This case involves applicant Yolanda Martinez claiming industrial injuries (lumbar spine, right shoulder, psyche) from her employment at Mass Precision. Defendant Zurich North America, insurer for SCI @ Balance Staffing Service, contested liability for the psyche injury, arguing applicant's employment by SCI was less than the six-month statutory minimum. The Appeals Board affirmed the WCJ's finding of joint and several liability, holding that prior employment at the same worksite with dual employers counts towards the six-month requirement for psyche injury claims. This decision was based on the principle that the six-month rule aims to prevent claims from routine stress in new employment, a purpose not served when an employee has a longer-term relationship with the worksite.

Workers' Compensation Appeals BoardSpecific InjuryCumulative Trauma InjuryApportionmentPsychiatric InjuryLabor Code Section 3208.3(d)Six Month Employment RequirementDual EmploymentGeneral EmployerSpecial Employer
References
Case No. ADJ7264969
Regular
Feb 22, 2011

Richard Warner vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

Applicant Richard Warner, a firefighter on Catalina Island, sustained injuries while trimming wisteria at his home, which he was required to maintain as a condition of employment and from which he sometimes worked. The Board denied reconsideration, affirming the WCJ's finding that the injury was not arising out of and occurring in the course of employment (AOE/COE). The applicant's home was not considered employer premises under the bunkhouse rule as he owned and maintained it personally, receiving a stipend instead of provided housing. Although working from home was sometimes necessary, trimming wisteria was deemed a purely personal act unrelated to employment duties.

AOE/COEbunkhouse ruleemployer premisessecondary jobsitecourse of employmentperforming serviceproximate causepersonal taskincidental to employmentstipend
References
Case No. ADJ837893
Regular
Jun 04, 2009

GEORGE ALBERT JUAREZ vs. BAJA ROOFING, FIRST AMERICAN STAFFING, INTERTRIBAL STRATEGIC VENTURES EMPLOYEES OCCUPATIONAL INJURY AND INDEMNITY, FIRST INTERCARE, UNINSURED EMPLOYERS FUND

This case involves a worker injured while employed by First American Staffing (First), a tribal entity, and allegedly also by Baja Roofing (Baja) as a special employer. The Tribal Appeals Court has already asserted jurisdiction over First, and the WCAB acknowledges it lacks jurisdiction over tribal entities like First due to sovereign immunity. The WCAB rescinded the prior findings and returned the case to the trial level, requiring the applicant to first pursue remedies against First in tribal court before the WCAB will consider Baja's liability. This is to determine if First secured adequate workers' compensation coverage as per their contract with Baja, which would then potentially absolve Baja of responsibility.

Workers' Compensation Appeals BoardTribal sovereign immunityGeneral and special employmentJoint and several liabilityRes judicataCollateral estoppelThird-party administratorEmployee leasing companiesTribal Appeals CourtInsured status
References
Showing 1-10 of 4,656 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

ยฉ 2026 CompFox Inc. All rights reserved.

Systems Operational