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

Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
0
Case No. ADJ17263528
Regular
Oct 07, 2025

Jessica Hartnett vs. County of Kern, State of California, Department of Corrections

The Workers' Compensation Appeals Board considered a petition for removal filed by defendant SCIF, contesting a joinder order issued by the workers' compensation administrative law judge on October 15, 2024. Defendant claimed the joinder was inappropriate due to a lack of service. The Board emphasized that removal is an extraordinary remedy and found that the petitioner did not demonstrate substantial prejudice or irreparable harm. Consequently, the Board dismissed the Petition for Removal, directing the WCJ to treat it as a petition to set aside the joinder and schedule a hearing to establish a record for determining the joinder's appropriateness.

Petition for RemovalOrder of JoinderWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationPetition to Set Aside JoinderContinuing JurisdictionLabor Code Section 5803
References
6
Case No. ADJ7640191
Regular
Nov 23, 2020

GLORIA MARIN vs. TRI-STATE EMPLOYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LUMBERMAN'S UNDERWRITING ALLIANCE

The Workers' Compensation Appeals Board (WCAB) granted CIGA's petition for reconsideration, overturning a prior ruling that denied joinder of another employer. The WCAB held that Labor Code section 5804 does not prevent the joinder of additional parties or employers after a settlement, and CIGA is not attempting to alter a prior award. The case is returned to the trial level for joinder of all appropriate parties and further proceedings. The WCAB also clarified that CIGA's liability is limited by Insurance Code section 1063.1 and subsequent case law, which prohibits apportionment of liability between CIGA and other insurers for certain benefits.

CIGALumberman's Underwriting AllianceliquidationLabor Code section 5804joinderCompromise and Releaselien claimsother insurancecovered claimsapportionment
References
9
Case No. VNO 0531326
Regular
Jan 28, 2008

MARGARET PORRAS vs. MACY'S DEPARTMENT STORES, FEDERATED CLAIMS SERVICES

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as interlocutory procedural orders are not final and thus not subject to reconsideration. The Board also denied the defendant's petition for removal, finding no evidence of irreparable harm and that the defendant failed to provide sufficient proof to support joinder of a concurrent employer. The defendant may refile for joinder with proper supporting evidence.

WCABPetition for ReconsiderationDenying RemovalPetition for JoinderConcurrent EmployerCumulative InjuryBilateral WristsIrreparable HarmQualified Medical EvaluatorInterlocutory Order
References
7
Case No. ADJ587312 (LAO 0832831)
Regular
Dec 12, 2017

RAMIRO ZAPATA JIMENEZ vs. LUIS ARAGON, MARCOS BOLANOS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Court of Appeal overturned the Workers' Compensation Appeals Board's decision to affirm the joinder of defendant Marco Bolanos. The Court found Bolanos was a statutory employer but that his joinder was barred by the statute of limitations (Labor Code § 5405), with no grounds for tolling. Consequently, the Board amended its prior award to dismiss Bolanos as a defendant while affirming the original findings and award against Luis Aragon.

RemittiturStatute of LimitationsLabor Code section 5405Conclusive Statutory EmployerLabor Code section 2750.5Cedillo v. Workers' Comp. Appeals Bd.Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd.Reynolds v. Workmen's Comp. Appeals Bd.TollingUninsured Employers Benefits Trust Fund
References
3
Case No. LAO 855288, LAO 826074
Regular
Jul 18, 2008

BEATRIZ CARDENAS vs. SUPERIOR SUPER WAREHOUSE, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board granted removal and reversed an order that denied the joinder of Zurich American Insurance as a party defendant. The Board found that Everest established a sufficient basis for joining Zurich in the cumulative trauma case based on WCIRB documents indicating Zurich provided coverage during the injury period. Reconsideration was dismissed as the order denying joinder was not a final determination.

JoinderRemovalReconsiderationWCABWCJCumulative TraumaContributionInsurer CoverageCompromise and ReleaseDeclaration of Readiness
References
0
Case No. ADJ9699614
Regular
Nov 28, 2016

KALILEA TAFENGATOTO vs. STATE OF CALIFORNIA-IHSS

The Appeals Board granted removal of an Order taking a matter off calendar regarding California Insurance Company's (CIC) joinder. CIC was improperly joined as a defendant, and its timely objection was voided without a hearing, denying due process. This deprivation caused significant prejudice and irreparable harm, making reconsideration an inadequate remedy. The matter is returned to the trial level for further proceedings on CIC's joinder.

Petition for RemovalOrder Taking Off CalendarJoinder OrderJoint EmploymentObjectionGood CauseDue ProcessFair HearingReconsiderationRescind
References
2
Case No. SAC 339624
Regular
Jul 21, 2008

GARY RAUSSER vs. CONSOLIDATED PERSONNEL CORPPORATION and CIGA, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., LEGION INSURANCE

CIGA sought reconsideration and removal after the WCJ denied their request to join Benjamin Moore Paints, arguing it was a necessary defendant. However, the Board dismissed CIGA's Petition for Reconsideration, finding the order denying joinder was not a final order, and denied the Petition for Removal, as CIGA failed to demonstrate significant prejudice or irreparable harm. The Board adopted the WCJ's reasoning that Benjamin Moore was already a party defendant, making further joinder unnecessary.

Workers' Compensation Appeals BoardCIGAPetition for ReconsiderationPetition for RemovalWCJInterlocutory Procedural OrderFinal OrderDue Process RightsGeneral/Special EmploymentJoinder of Defendants
References
5
Case No. ADJ10786752
Regular
Jun 18, 2018

Marco Urbina vs. Taylor Walk, Inc., Pacific Compensation Insurance Company, Republic Underwriters Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company. The WCAB found that the Order Denying Petition for Joinder was not a final order, thus dismissing the petition for reconsideration. The Board determined that Pacific Compensation Insurance Company was prejudiced by the denial, as it prevented them from pursuing contribution from Republic. The case was returned to the trial level for further proceedings consistent with the WCAB's decision.

Petition for ReconsiderationPetition for RemovalPetition for JoinderCompromise and ReleaseLabor Code Section 5500.5Supplemental ProceedingsContribution ProceedingsDue ProcessCumulative Trauma InjuryDiscovery Rights
References
20
Case No. ADJ8905655
Regular
Nov 09, 2015

JAN MELLEMA vs. CHEVRON, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Zurich's Petition for Reconsideration and denied its Petition for Removal. Zurich sought reconsideration of an order joining it as a defendant, but the Board found that reconsideration is only available for final orders, not interlocutory ones like party joinder. While Zurich's petition was timely, the Board denied removal because Zurich failed to demonstrate substantial prejudice or irreparable harm from the joinder. The Board remanded the case for further proceedings to determine the correct parties.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalJoinder of Party DefendantInterlocutory OrderFinal OrderSubstantive RightIrreparable HarmDefective ServiceTimeliness
References
13
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