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

Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
References
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 However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue.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
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
Case No. ADJ3762715 (BAK 0154426) ADJ616116 (BAK 0154350)
Regular
Mar 06, 2013

ERIC PETERSEN (Deceased) vs. COUNTY OF KERN

This case involves claims for workers' compensation benefits by Eric Petersen, a deceased volunteer firefighter, for injuries sustained in 2007 and 2008. The County of Kern was found to be the applicant's employer and failed to secure workers' compensation coverage, leading to the joinder of the Uninsured Employers Benefit Trust Fund. The Court of Appeal affirmed the denial of reconsideration by the Workers' Compensation Appeals Board and remanded the case. The Board now returns the matter to the trial level to address outstanding issues, including recently filed applications for death benefits by the applicant's significant other.

RemittiturVolunteer firefighterIndustrial injuriesCounty of KernSelf-insured programUninsured Employers Benefit Trust FundJoinderPetition for Writ of ReviewDeath BenefitsSignificant other
References
Case No. ADJ2021542 (LAO 0874590)
Regular
Feb 03, 2010

RAUL MURILLO vs. PARAGON SCHMID BUILDING PRODUCTS; TRAVELERS

This case involves an applicant's cumulative trauma claim where the defendant insurer, Travelers, sought to join Liberty Insurance Corporation and Insurance Company of the State of Pennsylvania as parties. The administrative law judge initially denied joinder due to an EAMS registration issue with the proposed carriers. The Appeals Board granted removal, rescinded the denial, and joined Liberty as a party defendant, finding its coverage period necessary for adjudication. However, Pennsylvania was not joined due to insufficient evidence regarding its necessity and potential coverage overlap.

RemovalOrder Denying JoinderPetition for Order Joining Party DefendantCumulative TraumaEAMSWCIRBNecessary PartyAdjudicationAdministrative ConvenienceLiberty Insurance Corporation
References
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
Case No. ADJ2143506 (AHM 0139193)
Regular
Mar 05, 2009

MARIA CASTILLO vs. EL ROB, INC.; BERKSHIRE HATHAWAY COMPANIES; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior order denying Cypress Insurance Company's petition to join State Compensation Insurance Fund (SCIF). Cypress sought contribution from SCIF for a cumulative trauma injury claim settled by compromise and release with the applicant, Maria Castillo. The Board found that Cypress's petition for joinder and contribution was timely filed within one year of the settlement, and thus, failure to join SCIF prior to settlement did not waive Cypress's right to seek contribution. The case was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePetition for JoinderContributionCumulative TraumaApportionment of LiabilityLabor Code Section 5500.5State Compensation Insurance FundEmployer Liability
References
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
Case No. ADJ3674251 (SDO 0355041)
Regular
Jun 02, 2010

JACQUELINE NGUYEN vs. MPEX PHARMACEUTICALS, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves an insurer's petition for removal after a WCJ denied their request to join a prior employer and its insurer for contribution. The applicant has received benefits from two prior awards. The Appeals Board granted the removal, rescinded the denial of joinder, and returned the matter to the trial level. This action is to facilitate arbitration regarding the date of last injurious exposure and coverage status, which are prerequisites for contribution proceedings under Labor Code section 5500.5.

Petition for RemovalOrder Denying Petition for JoinderPetition for ContributionJoinder of PartiesContribution ProceedingsLabor Code Section 5500.5Date of Last Injurious ExposureDate of Injury Section 5412ArbitrationRescinded Order
References
Case No. ADJ4701267 (VNO 0549082)
Regular
Jan 06, 2020

JAVIER OROZCO vs. NATIONAL STAFFING, LLC, COMMERCE AND INDUSTRY COMPANY, DERRELL'S MINI STORAGE, INC.

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order, affirming the joinder of Derrell's Mini Storage and its insurer, Redwood Fire and Casualty, as defendants. The Board found a general/special employment relationship existed between the applicant's general employer (National Staffing) and Derrell's, the special employer. Despite arguments regarding sole liability of the general employer's insurer and laches, the Board held that joinder was appropriate to fully adjudicate the case and address contribution claims. The specific issue of contribution/reimbursement between carriers was deferred for further proceedings.

Workers' Compensation Appeals BoardJavier OrozcoNational StaffingLLCDerrell's Mini StorageInc.Redwood Fire and Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesAIG ClaimsInc.
References
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