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

Case No. ADJ7186535, ADJ8480044
Regular
Feb 05, 2019

America Guandique vs. State of California, Department of Motor Vehicles

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of permanent total disability for the applicant. The defendant argued that the administrative law judge erred in combining two separate injuries and in relying on medical opinions. However, the Board found substantial evidence supported the conclusion that the applicant's injuries were inextricably intertwined and that her disabilities should be added, not combined. The Board affirmed that the finding of permanent total disability under Labor Code Section 4660 was well-supported, rendering other arguments moot.

Permanent Total DisabilityInextricably IntertwinedPetition for ReconsiderationJoint Findings of Fact and AwardAdministrative Law JudgePanel Qualified Medical EvaluatorAgreed Medical EvaluatorCombined vs. Added ImpairmentsVocational ExpertPermanent Disability Rating Schedule
References
12
Case No. ADJ2534619 (MON 0255706)
Regular
Jun 10, 2010

RUBY YARYAN vs. YOUR STAFF, INC.; SENIOR PSYCHOLOGY SERVICES; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION INSURANCE, In Liquidation; STATE COMPENSATION INSURANCE FUND; and COUNTY OF LOS ANGELES, Permissibly Self-Insured, Adjusted By TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration filed by co-defendant County of Los Angeles. The petition sought review of a Workers' Compensation Judge's finding that two injuries were inextricably intertwined. The Appeals Board dismissed the petition as untimely filed. Despite a dispute over initial service, the petitioner admitted receiving the decision on November 2, 2010, making their petition due on November 22, 2010. Since the petition was filed on November 30, 2010, it was beyond the statutory deadline and the Board lacked jurisdiction to consider it.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgeTimelinessService of ProcessLabor Code Section 5903JurisdictionEAMSDefective Service
References
4
Case No. ADJ10490434 (MF), ADJ10419398, ADJ10490429, ADJ10419507, ADJ8677936
Regular
Jun 23, 2025

Javier Hernandez vs. Richmar Farms, Zenith Insurance Co.

The Workers' Compensation Appeals Board denied defendant Zenith Insurance Co.'s petition for reconsideration. The defendant challenged a WCJ's decision to issue a single, joint and several award of 82% permanent partial disability to applicant Javier Hernandez, arguing that the hypertension-related disability should be apportioned to a single injury date. The Board affirmed the WCJ's finding that the permanent disability due to hypertension was inextricably intertwined across the applicant's multiple industrial injuries and therefore could not be parceled out, aligning with established legal precedents regarding apportionment.

Permanent Partial DisabilityApportionmentJoint and Several AwardInextricably IntertwinedMultiple Industrial InjuriesHypertensionBenson DecisionQualified Medical EvaluatorPhysician's ReportCumulative Injury
References
15
Case No. ADJ1299341 (MON 0210486), ADJ1360926 (MON 0210487), ADJ2178726 (MON 0210488), ADJ3724105 (MON 0213769)
Regular
Oct 10, 2013

CARTIS SPILLMAN vs. MCDONNEL DOUGLAS AIRCRAFT, CALIFORNIA INSURANCE GUARANTEE ASSN., FREMONT INDEMNITY CO

This case involves multiple industrial injuries sustained by the applicant from 1990 to 1993. The Workers' Compensation Appeals Board (WCAB) reconsidered the original award, amending it to remove findings of injury to certain body parts like the left knee and neck due to insufficient evidence. The WCAB affirmed the finding of 100% permanent disability, as the applicant's orthopedic and psychiatric conditions were deemed inextricably intertwined and not reasonably apportionable. The periods for temporary total disability indemnity were adjusted, and the Board deferred to the WCJ's credibility determination regarding the applicant's average weekly wage.

CIGAFremont IndemnitySedgwick ClaimsReconsiderationFindings of FactAward and OrderWCJPermanent DisabilityTemporary DisabilityAgreed Medical Evaluator
References
0
Case No. ADJ1406771 (LAO 0726969) MF ADJ1468176 (LAO 0727001) ADJ555495 (LAO 0746656)
Regular
Dec 06, 2013

CARMEN SANCHEZ vs. CROWN CITY PLATING, WAUSAU UNDERWRITERS INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning Carmen Sanchez's claims against Crown City Plating and Wausau Underwriters. The Board affirmed the finding that Sanchez sustained industrial injuries to multiple body parts, including her back, resulting in 91% permanent disability, deeming the injuries' effects "inextricably intertwined." The decision clarified that the applicant's attorney's fees are to be awarded against the commuted value of the life pension. Furthermore, the Board upheld the order for Wausau/Liberty to adjust reimbursement rights with CIGA, reserving jurisdiction for future disputes.

Workers' Compensation Appeals BoardCarmen SanchezCrown City PlatingWausau Underwriters Insurance CompanyLiberty Mutual InsuranceCalifornia Insurance Guarantee Association (CIGA)HIH InsuranceReconsiderationFindings and AwardPermanent Disability
References
9
Case No. ADJ158556 (MON 0206719) ADJ1611743 (MON 0222554) ADJ137665 (MON 0271624) ADJ1710332 (MON 0247216) ADJ716421 (MON 0222553)
Regular
Jun 27, 2011

Neil M. Lamont vs. BOEING, AIG/CHARTIS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY

This case involves apportionment of permanent disability benefits for multiple industrial injuries sustained by the applicant, Neil M. Lamont. The defendant, Chartis, sought reconsideration of an award finding them liable for reimbursement from CIGA, arguing the medical evidence was insufficient. The Appeals Board denied reconsideration, adopting the arbitrator's report. The Board found that due to the "inextricably intertwined" nature of the applicant's disabilities, as testified by the agreed medical examiner, apportionment of causation was impossible. Therefore, a joint and several award was justified, making the solvent defendant (Chartis) solely liable, thus relieving CIGA.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderArbitratorSubstantial EvidenceInextricably Intertwined DisabilityApportionment of LiabilityCalifornia Insurance Guarantee Association (CIGA)Insolvent Insurance CarrierCovered Claims
References
9
Case No. ADJ 924444 (LAO 0841815) ADJ 7065158
Regular
May 09, 2018

CESAR ESPINOZA vs. FLOWSERVE CORPORATION, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a joint award of 100% permanent disability for an applicant who sustained a specific injury to his right shoulder, left knee, and back, and a cumulative trauma injury to his bilateral shoulders, knees, back, and right knee. The Board found the applicant's industrial injuries were "inextricably intertwined," justifying an unapportioned award as per *Benson*. Furthermore, the Board relied on the vocational expert's opinion that the applicant was unable to find and sustain gainful employment due to his injuries, without considering non-industrial factors. The defendant's arguments regarding erroneous permanent total disability findings and the need for separate apportionment were rejected.

ApportionmentInextricably IntertwinedCumulative TraumaSpecific InjuryPermanent Total DisabilityAgreed Medical Examiner (AME)Vocational ExpertJoint AwardBenson v. WCABDiminished Future Earning Capacity
References
4
Case No. MISSING
Regular Panel Decision

Scott v. Pershing Construction Co.

Plaintiff, a structural iron worker, appealed from a judgment in favor of defendants after a jury trial and an order denying a new trial, seeking damages for personal injuries sustained from tripping on a loose board at a construction site. Defendants claimed the incident was staged, leading to a dispute over the admissibility of hospital records and injury evidence during the liability phase of the bifurcated trial. The trial court also erred in its jury instructions regarding defendants' responsibilities under Labor Law § 241 (6). The appellate court reversed the judgment and order, granted plaintiff's motion for a new trial, and directed that liability and damages issues be tried together due to being inextricably intertwined.

Personal InjuryNegligenceBifurcated TrialEvidence AdmissibilityJury InstructionsLabor LawConstruction Site AccidentStructural Iron WorkerReversible ErrorNew Trial
References
5
Case No. MISSING
Regular Panel Decision

People v. McKinney

This case addresses a motion to dismiss a misdemeanor charge of criminal trespass against a union vice-president. The defendant attempted to hold a union meeting at Surfside Nursing Home, leading an administrator to file a trespass complaint. The core legal question is whether the National Labor Relations Act preempts New York State jurisdiction over this criminal prosecution. The court reviewed precedents establishing the NLRB's exclusive jurisdiction over labor disputes to prevent conflicts between federal and state regulation. Finding the state prosecution inextricably intertwined with an unfair labor practice charge filed with the NLRB, the court stayed the prosecution pending a decision by an impartial administrator.

Criminal TrespassLabor Law PreemptionNational Labor Relations ActState JurisdictionUnion ActivitiesCollective BargainingMotion to DismissUnfair Labor PracticesNLRB JurisdictionFederal Preemption
References
5
Case No. MISSING
Regular Panel Decision

Harris v. Hirsh

Joan Harris, a Metro-North employee, sued her supervisor, Hirsh, for slander after he accused her of drug use during a work performance meeting. Hirsh claimed the State court lacked subject matter jurisdiction, arguing the claim was a 'minor dispute' within the exclusive purview of the Federal Railway Labor Act (RLA) and thus preempted by its mandatory arbitration provisions. The Supreme Court denied dismissal, and a jury awarded Harris damages. The Appellate Division reversed, agreeing with preemption and dismissing the complaint. The New York Court of Appeals affirmed the Appellate Division's decision, holding that the slander action was 'inextricably intertwined' with a work-related investigation authorized by the collective bargaining agreement, making it a preempted 'minor dispute' under the RLA and subject to exclusive arbitration.

RLA preemptionminor disputeFederal Railway Labor Actdefamationslandercollective bargaining agreementsubject matter jurisdictionarbitrationlabor lawemployment dispute
References
21
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