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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. ADJ 4359672 (VNO 0478019)
Regular
Apr 08, 2016

JORGE OROZCO vs. MARRIOTT DOWNTOWN LOS ANGELES/INTERSTATE HOTELS AND RESORTS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for AMERICAN PROTECTION INSURANCE COMPANY, ZURICH NORTH AMERICA, CENTURY PLAZA HOTEL

This case concerns the California Insurance Guarantee Association's (CIGA) liability for an insolvent insurer's obligations under a workers' compensation settlement. The applicant settled a cumulative trauma injury claim, and the settlement agreement apportioned liability for remaining lien claims among insurers, including American Protection Company. After American Protection Company became insolvent, CIGA stepped in, but sought dismissal, arguing its liability was not joint and several and no "other insurance" existed. The Board affirmed the dismissal of CIGA, holding that the original joint and several nature of the insurers' liability, as established by case law and the settlement, means Zurich North America's remaining liability constitutes "other insurance" relieving CIGA.

CIGAAmerican Protection Insurance CompanyMarriott Downtown Los AngelesInterstate Hotels and ResortsZurich North AmericaCentury Plaza HotelBroadspireSedgwick Claims Management ServicesCompromise and Release Agreementcumulative trauma
References
Case No. ADJ857793 (VNO 550289)
Regular
Apr 21, 2009

OLIVIA SOSA vs. NUPLA CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY

This case involves a dispute over industrial injury dates and liability apportionment under California Labor Code § 5500.5. The Workers' Compensation Appeals Board (WCAB) rescinded the administrative law judge's (WCJ) findings of fact due to lack of substantial evidence regarding the date of injury. The WCAB also clarified that § 5500.5 mandates a joint and several award for an injured worker, but the ultimate liability of each defendant is determined in a separate contribution proceeding. The case was returned to the trial level for further proceedings consistent with these guidelines.

Workers' Compensation Appeals BoardCumulative TraumaLabor Code Section 5500.5Joint and Several LiabilityContribution ProceedingDate of InjurySubstantial EvidenceDue ProcessElection of DefendantReconsideration
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. 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. VNO 0457283
Regular
Aug 28, 2007

GREGORY BRIDGES vs. FILM PAYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, by BROADSPIRE, KELLEY PRODUCTIONS, INC., NATIONAL SURETY CORPORATION now FIREMAN'S FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award and returned the case for further proceedings to determine if the special employer's insurer, National Surety Corporation, provides "other insurance" under Insurance Code section 1063.1(c)(9). The WCAB ruled that a prior appellate decision did not collaterally estop CIGA from asserting this issue and found that the National Surety Corporation policy may constitute such "other insurance." The case now requires a determination on the merits of whether National Surety Corporation's policy is available to applicant, impacting CIGA's liability.

CIGALegion Insurance CompanyNational Surety CorporationFireman's Fundgeneral employerspecial employerjointly and severally liableother insuranceInsurance Code section 1063.1(c)(9)collateral estoppel
References
Case No. ADJ1243420 (SAL 0104366)
Regular
Feb 11, 2019

ROSA LEON vs. GROWERS EXPRESS, ARCH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC., INSURANCE CORPORATION OF NEW YORK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board denied Rosa Leon's petition for reconsideration. The Board found her reliance on the *Lozano* case misplaced because, unlike in *Lozano*, the defendant's liability was not admitted nor were benefits provided during the Appeals Board's jurisdictional period. Furthermore, the defendant was not joined as a party until after the Board's jurisdiction to establish joint and several liability had expired. Therefore, the petition for reconsideration was denied.

CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONInsurance Corporation of New York liquidationArch Insurance Companypetition for reconsideration deniedWCJ report adoptedLozano v Oak Grove School Districtcompensable consequencejoint and several liabilityLabor Code sections 5803 and 5804stipulated award
References
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