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

Case No. ADJ15834374
Regular
Apr 14, 2025

HARMINDER SINGH vs. SUNVIEW LOGISTICS, INC.; SPEED INTERMODAL; MANPREET SINGH; CLEAR SPRING INSURANCE

The case involves Harminder Singh, a truck driver, claiming a workers' compensation injury while employed by Sunview Logistics, Inc. and/or Manpreet Singh dba Speed Intermodal. The Workers' Compensation Administrative Law Judge (WCJ) initially found joint employment and joint and several liability between Sunview Logistics and Speed Intermodal. Defendant Speed Intermodal sought reconsideration, arguing a lack of substantial evidence for joint employment. The Appeals Board denied the petition for reconsideration, concurring with the WCJ's findings of fact regarding joint employment, citing substantial documentary and testimonial evidence.

Workers' Compensation Appeals BoardSunview LogisticsSpeed IntermodalManpreet Singhjoint employmentjoint and several liabilitypetition for reconsiderationFindings and OrderLabor Code section 5909Electronic Adjudication Management System (EAMS)
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. ADJ13841944
Regular
Aug 20, 2025

Rick Carroll vs. Subsequent Injuries Benefits Trust Fund

The applicant, Rick Carroll, sought reconsideration of a May 5, 2025, Findings of Fact and Order where the WCJ found he was not entitled to Subsequent Injuries Benefits Trust Fund (SIBTF) benefits due to a lack of substantial medical evidence from Dr. Raye Bellinger. The applicant contended the WCJ erred in failing to rely on party stipulations and in interpreting the scope of pre-existing labor disabling conditions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, deeming Dr. Bellinger's report inadequate and the record improperly developed. However, the WCAB deferred a final decision on the merits to allow for further review and potential development of the record.

Subsequent Injuries Benefits Trust FundSIBTFPetition for ReconsiderationLabor Code Section 4751pre-existing disabilitysubstantial medical evidencestipulationWCJ Report60-day ruletransmission
References
Case No. ADJ8012651; ADJ8008848
Regular
Sep 01, 2015

MARCELA QUIRINO vs. MARMALADE CAFÉ, Permissibly SelfInsured, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review sanctions imposed on lien claimants, specifically Dr. Rubanenko, Qualified Billing & Collections LLC (QBC), and its employee Diego Plasencia. The WCAB affirmed that sanctions and dismissal of lien claims were warranted due to Plasencia's unauthorized abandonment of a trial, which constituted bad faith and caused unnecessary delay. However, the WCAB rescinded sanctions against other lien claimants, finding insufficient evidence of proper notice. Ultimately, the WCAB ordered Dr. Rubanenko, QBC, and Plasencia jointly and severally to pay $2,500 each in sanctions, totaling $7,500, and affirmed the dismissal of the lien claims.

Workers' Compensation Appeals BoardLien claimantsJoint Petition for ReconsiderationJoint Findings and AwardAttorney's feesSanctionsWCJBad faith actionsUnnecessary delayDue process
References
Case No. ADJ10229956
Regular
Aug 13, 2018

VIRGIL GRAY vs. ARENA FOOTBALL LEAGUE, SAN JOSE SABERCATS, ZURICH AMERICAN INSURANCE, UNINSURED EMPLOYER BENEFITS TRUST FUND

This case denies the defendants' petition for reconsideration of a finding of joint employment for an industrial knee injury. The applicant, Virgil Gray, was found to be a joint employee of both the Arena Football League and the San Jose SaberCats, despite receiving paychecks from the League. Evidence such as the San Jose SaberCats' direct control over the applicant's work, provision of equipment, and housing, supported the finding that both entities exercised the right to direct and control his activities. The Appeals Board affirmed the administrative law judge's decision, finding the totality of the record supported joint employment.

joint employmentspecial employergeneral employerArena Football LeagueSan Jose SaberCatsZurich American InsuranceUninsured Employer Benefits Trust Fundprofessional athleteindustrial injuryleft knee
References
Case No. ADJ3588884 (FRE 0222309) ADJ4330880 (FRE 0223217)
Regular
Feb 22, 2011

ENEDELIA LUNA vs. FRESNO UNIFIED SCHOOL DISTRICT, UNITED ARTISTS THEATRE CIRCUIT; AMERICAN MOTORISTS INSURANCE COMPANY, Administered By BROADSPIRE

This case concerns American Motorists Insurance Company's petition for reconsideration of a Joint Findings and Award. The original award addressed two admitted industrial injuries sustained by the applicant, one against Fresno Unified School District (FUSD) and another against United Artists Theatre Circuit, insured by American Motorists. The petition specifically challenges the WCJ's failure to incorporate a stipulated liability apportionment between the defendants into the award. The Appeals Board denied the petition, ruling that the WCJ correctly deferred the issue of contribution between co-defendants, as they remain jointly and severally liable to the applicant.

Petition for ReconsiderationJoint Findings and AwardSpecial Education Teacher's AideCumulative InjuryBilateral Upper ExtremitiesPermanent DisabilityFurther Medical TreatmentPermissibly Self-InsuredStipulated Percentage of LiabilityContribution Between Co-Defendants
References
Case No. ADJ5487199 ADJ5087748 ADJ8108959 ADJ8253201
Regular
Oct 09, 2017

AVIGAIL URUETA vs. NORTHROP CORPORATION, AIG, FREMONT INDEMNITY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a November 28, 2016 Joint Findings and Award. Subsequently, the Workers' Compensation Judge (WCJ) issued an Amended Joint Findings and Award on January 4, 2017, within the permissible 15-day window for amendments. Since no further petitions for reconsideration were filed regarding the amended decision, the WCAB vacated its initial grant of reconsideration. Consequently, the petitions for reconsideration of the original award are dismissed.

Workers' Compensation Appeals BoardNorthrop CorporationAIGFremont IndemnitySedgwick CMSPetition for ReconsiderationJoint Findings and AwardAmended Joint Findings and AwardWCJWCAB Rule 10859
References
Case No. ADJ7934540 ADJ7934544
Regular
Jan 13, 2020

JUAN LOPEZ vs. JOHN A. VAN LEEUWEN DAIRY, ZENITH INSURANCE COMPANY, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants after a WCJ excluded their exhibits due to failure to submit exhibit lists with the Pretrial Conference Statement (PTCS). The WCAB found that lien claimants demonstrated good cause, citing excusable neglect by their representative and the constitutional mandate for substantial justice and due process. Therefore, the WCAB rescinded the WCJ's order and returned the matter for further proceedings, allowing lien claimants to amend the PTCS with their exhibit lists. This decision prioritizes a decision on the merits over procedural omissions in this case.

WCABPetition for ReconsiderationJoint Findings and Orderslien claimantsWCJPretrial Conference Statement (PTCS)excusable neglectFox v. Workers' Comp. Appeals Bd.substantial justicedue process
References
Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437
Regular
Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers
References
Case No. ADJ2771432 (LAO 0888626) ADJ7117919
Regular
Apr 22, 2014

JOSE HERNANDEZ vs. GENTLE GIANT MOVING & STORAGE COMPANY, FRYE CLAIMS CONSULTATION AND ADMINISTRATION/TRANSGUARD INSURANCE COMPANY

In this case, the Workers' Compensation Appeals Board reversed a finding of continuing temporary disability. The Board rescinded the order for a psychiatric evaluation as the applicant never claimed a psyche injury and rescinded the order for a facet joint injection due to a prior Utilization Review denial that was not timely challenged. The Board also found that the applicant had reached permanent and stationary status and returned the matter for determination of permanent disability on the existing record, allowing for updated reports if necessary.

WCABReconsiderationJoint Findings and AwardTemporary Total DisabilityPermanent DisabilityAgreed Medical ExaminerUtilization ReviewIndependent Medical ReviewFacet Joint InjectionUrodynamics Study
References
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