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

Case No. ADJ614533 (LAO 0820975)
Regular
Mar 12, 2020

GERARDO RIVERA, vs. FALCON WEST INC.; STATE COMPENSATION INSURANCE FUND,

The WCAB granted the lien claimant's petition for reconsideration, rescinding the prior order that barred the 2003 lien claim based on laches. The Board found that the defendant failed to present any evidence to prove prejudice or change of position resulting from the claimant's delay. Consequently, the case is returned to the trial level for further proceedings to develop the record regarding the laches defense.

Lien claimantLachesPetition for ReconsiderationWorkers' Compensation Appeals BoardFindings and OrderAdministrative law judgePetitionDeclaration of Readiness to ProceedBurden of proofPrejudice
References
Case No. ADJ2284547 (LAO 0820988)
Regular
May 19, 2025

Julio Mendoza vs. Tuff-Weld Wood Specialties, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration regarding a lien claim by Angoal Medical Collections (AMC) against Tuff-Weld Wood Specialties and State Compensation Insurance Fund. The initial F&O barred AMC's lien, citing untimely filing and the equitable doctrine of laches. The Board found that the defendant failed to provide evidence of prejudice, a necessary element for the laches defense. Consequently, the Board rescinded the prior F&O, deferring the issue of prejudice and returning the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderLabor Code Section 4903.8Equitable Doctrine of LachesAffirmative DefensePrejudiceBurden of ProofMedical-Legal Evaluation
References
Case No. ADJ7379899
Regular
Nov 12, 2012

DARRIN LANNING vs. BAYWOOD INTERIORS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendant's contention that the WCJ erred by deeming the post-termination defense moot. The Board clarified that Labor Code section 3600(a)(10) provides a defense against claims filed after termination or layoff, and this issue is not moot if an industrial injury is found. Consequently, the Board rescinded the prior findings and returned the case for further proceedings to determine if the post-termination defense applies and, if so, whether applicant meets any exceptions. The merits of the original finding of industrial injury were not decided and are subject to a new ruling after the post-termination defense is resolved.

AOE/COEpost-termination defenseLabor Code section 3600(a)(10)industrial injurycabinetmakerlower backleft groinright kneemootfindings of fact
References
Case No. ADJ4160985 (LAO 0826527)
Regular
Apr 15, 2020

FERNANDO OLIVARES vs. PERSONNEL COORDINATORS, INC., STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board rescinded the WCJ's decision to dismiss a lien claimant's lien with prejudice due to laches. The Board found that the defendant failed to meet their burden of proof to establish prejudice from the lien claimant's delay. Therefore, the matter was returned to the trial level for further proceedings on the laches defense and other appropriate issues.

Lien claimantLachesPrejudiceDue diligenceWorkers' Compensation Appeals BoardReconsiderationFindings and OrderLabor Code section 4903.8(d)Equitable powersBurden of proof
References
Case No. ADJ2141542
Regular
Oct 12, 2010

CELESTINO MORALES vs. MAINTENANCE MATCH INC., CIGA on behalf of SUPERIOR PACIFIC INSURANCE COMPANY, BROADSPIRE

This case concerns CIGA's petition for reconsideration of an arbitrator's decision that barred CIGA's recovery from Travelers Insurance due to laches. The Appeals Board granted reconsideration, rescinded the arbitrator's decision, and returned the matter for further proceedings. The Board found that Travelers failed to prove prejudice resulting from CIGA's delay in joining them as a party. Therefore, Travelers' defense of laches was not established, allowing the case to proceed.

CIGASuperior Pacific Insurance CompanyliquidationLachesEquitable EstoppelArbitratorTravelers Insurancereimbursementother insuranceInsurance Code section 1063.1(c)(9)
References
Case No. ADJ4678016 (VNO 0340831) ADJ543807 (VNO 0340832) ADJ1072800 (VNO 0372652) ADJ8135564
Regular
May 13, 2019

WAYNE MUSGROVE vs. ASTRO BUSINESS PRODUCTS/CANON BUSINESS SOLUTIONS, YASUDA now SOMPO JAPAN OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the prior decision that the applicant's 1992 injury claim was not barred by the statute of limitations. The Board found the evidence supported the conclusion that the applicant completed and filed a claim form with his employer. Furthermore, the Board clarified it did not adopt the WCJ's laches analysis, and any such defense would require a showing of prejudice, which was not established. The defendant's arguments regarding the claim form and laches were thus rejected.

Statute of LimitationsClaim FormLachesPetition for ReconsiderationWorkers' Compensation Appeals BoardEstoppelWindow Period CasePrejudiceUnreasonable DelayWCJ Report
References
Case No. ADJ196233 (POM 0292573)
Regular
Dec 13, 2011

LUS RIOS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING, For FREMONT COMPENSATION, In Liquidation vs. HOLMES AUTO BODY, INC., STATE COMPENSATION INSURANCE FUND

This case involves CIGA's petition for reconsideration regarding a statute of limitations defense raised by SCIF. The WCJ's finding that CIGA's claim was time-barred is being rescinded due to a deficient evidentiary record, specifically the absence of key medical reports. The Board is returning the matter to the trial level to develop the evidence regarding the statute of limitations and potential laches defense. The parties must ensure all evidence is formally admitted and properly listed in the record for future decisions.

CIGAFremont Compensationliquidationstatute of limitationspetition for reconsiderationevidentiary recorddate of injurycumulative injurylien claimantLabor Code section 5405
References
Case No. ADJ6751788
Regular
Aug 16, 2010

MOISES ROBLES GARCIA vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a finding of industrial injury for applicant Moises Robles Garcia. Defendant Able Building Maintenance argued the applicant failed to prove injury arising out of and occurring in the course of employment (AOE/COE) and raised affirmative defenses of intoxication and material deviation. The Board rescinded the original decision and returned the case to the trial level for further proceedings, specifically to determine AOE/COE and consider the applicant's credibility and deposition transcripts. The WCJ must now make a determination on AOE/COE and potentially other defenses.

AOE/COEintoxication defensematerial deviationexcluded evidencedeposition transcriptswitness demeanorcredibilitypreponderance of the evidencecausal connectionrational incident of work
References
Case No. ADJ10014571
Regular
Oct 19, 2017

FERNANDO SANCHEZ vs. PACIFIC ALLOY CASTING COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied reconsideration of a prior award finding applicant sustained industrial injuries to his knees, spine, and upper extremities. The defendant argued the claim was barred by the post-termination defense under Labor Code §3600(a)(10). However, the Board found the applicant's brief absences for pain did not constitute "compensable disability" prior to termination, thus triggering an exception to the defense. Therefore, the applicant's date of injury was determined to be subsequent to termination notice, and the claim is not barred.

post-termination defenseLabor Code §3600(a)(10)date of injurysection 5412compensable disabilitytemporary disabilitypermanent disabilitycumulative traumaorthopedic panel QMEbilateral knees
References
Case No. ADJ11332263
Regular
Jul 22, 2019

ERIKA MEDINA vs. THE BICYCLE CASINO, LP, GALLAGHER BASSETT SERVICES

This case involves an applicant alleging cumulative trauma injury to multiple body parts while employed by The Bicycle Casino. The trial judge found injury AOE/COE to several body parts, but the defendant sought reconsideration, arguing insufficient evidence and improper exclusion of a post-termination defense. The Appeals Board granted reconsideration, finding the medical record needed further development regarding causation, particularly with the QME. They also ruled that the WCJ acted within discretion by not permitting the post-termination defense to be raised at trial without prior proper notice.

AOE/COEPetition for ReconsiderationFindings of Fact and OrderWCJPost-termination defenseQMECredibility determinationSubstantial evidenceCumulative traumaMedical opinion
References
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