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Case Law Database

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

Case No. ADJ7751160
Regular
Jun 26, 2012

WALLACE MANNS vs. AMERICAN LABOR POOL, OLD REPUBLIC GENERAL INSURANCE CORPORATION

This case concerns a worker's compensation claim for an inguinal hernia sustained prior to a layoff. The employer argued the claim was barred by Labor Code section 3600(a)(10) as it was filed after notice of termination. The Appeals Board granted reconsideration, finding the Administrative Law Judge erred by requiring proof of retaliatory intent. The Board rescinded the original finding, concluding the post-termination defense applied as no exceptions under the statute were met. The applicant's claim was therefore barred.

Workers' Compensation Appeals BoardWallace MannsAmerican Labor PoolOld Republic General Insurance CorporationADJ7751160Riverside District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWCJ
References
Case No. ADJ6974920
Regular
Dec 27, 2010

ROGER SHAFFER vs. BARRETT BUSINESS SERVICES, INC./CRABB CONSTRUCTION CO., INC., Administered By CORVEL

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior award. The Board rescinded the original decision because the administrative law judge failed to address all submitted issues, including the defendant's post-termination defense and whether the applicant quit or was laid off. The case is returned to the trial level for a new decision that addresses all issues with proper explanation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryRight ShoulderTemporary DisabilityPost-termination DefenseModified WorkAbandoned Job
References
Case No. ADJ6668547
Regular
Mar 15, 2010

MARIA COVARRUBIAS vs. KELLY SERVICES, INC., ESIS

The Workers' Compensation Appeals Board granted reconsideration to applicant Maria Covarrubias. The Board rescinded the prior decision that barred her claim under Labor Code section 3600(a)(10) due to a post-termination filing defense. The Board found that the applicant, as a temporary agency employee, was not terminated or laid off prior to reporting her injury. Therefore, her claim is not barred, and the matter is returned for further proceedings on other issues.

Labor Code section 3600(a)(10)post-termination defensePetition for ReconsiderationFindings of Fact and Orderindustrial injuryneck and left shouldertemporary agencylayoffterminationactive employee
References
Case No. ADJ10678861
Regular
Aug 27, 2018

FERNANDO BEDOYA vs. ASHLEY FURNITURE INDUSTRIES, INC., HARTFORD ACCIDENT AND INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding temporary disability benefits. The Board found that the applicant, who had industrial injuries and was laid off due to plant closure, was entitled to temporary disability indemnity. The defendant failed to prove the applicant was terminated for cause (misconduct) or that suitable modified work was unavailable. Therefore, the applicant's diminished earning capacity was a direct result of his industrial injury and the employer's actions.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & Awardtemporary disability indemnitytermination for causeodd lot doctrinequalified medical examiner (QME)maximum medical improvement (MMI)primary treating physician (PTP)work restrictions
References
Case No. ADJ13840656
Regular
Feb 14, 2023

JOSEPH GROSS vs. VALLEY TRUCK & TRAILER, INC., AMGUARD INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding an injury to Joseph Gross compensable. The applicant alleged injury while performing off-the-books work for cash after being laid off, with the employer denying employment and the injury. The Workers' Compensation Judge's credibility determinations, based on witness demeanor and supporting documentation, were adopted and incorporated into the Board's decision. The Board found no substantial evidence to overturn the Judge's findings, which included a finding of injury arising out of and in the course of employment.

AOE/COEPetition for ReconsiderationCredibility DeterminationsWCJ ReportGarza v. Workmen's Comp. Appeals Bd.Medical Treatment EntitlementCOVID PandemicOff-the-Books PaymentQME EvaluationContradictory Evidence
References
Case No. ADJ7811358
Regular
Jan 22, 2016

PABLO ORTEGA vs. PRAVIN PATEL, TJ, LLC dba SANTA CRUZ BEACH INN

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration of an award for unlawful discrimination. The employer argued the applicant was laid off due to business slowdown and failed to mitigate wages, but the Board upheld the finding of pretext and discrimination. The Board also confirmed that medical-legal expenses are considered employee compensation and are subject to the one-half increase for discrimination under Labor Code section 132a. Therefore, the employer is liable for the increased compensation including the PQME's medical-legal costs.

Labor Code 132aPetition for ReconsiderationFindings and OrdersQualified Medical EvaluatorMedical-legal expenseIncreased compensationBack-payPretextDiscriminationLayoff
References
Case No. ADJ1417978 (STK 0211694)
Regular
Dec 03, 2012

ROBERTO MANZO vs. MCCARTHY BUILDING COMPANIES, CHARTIS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration of a prior decision. The applicant, Roberto Manzo, sought reconsideration of the finding that he was laid off due to lack of work, not as retaliation for his injury claim, and therefore no violation of Labor Code § 132a occurred. The WCAB adopted the findings of the workers' compensation judge, who found ample evidence to support the conclusion of a layoff due to lack of work, not discrimination. The Board gave great weight to the judge's credibility determinations based on the evidence presented.

WCABReconsiderationLabor Code § 132aCarpenterInjuryMcCarthy Building CompaniesChartisWorkers' Compensation JudgeFindings of FactPermanent Disability
References
Case No. ADJ10887310
Regular
Jan 30, 2023

OSCAR MARTINEZ vs. SECURITA AMERICA, INC., GALLAGHER BASSETT, EVEREST NATIONAL INSURANCE

The applicant, Oscar Martinez, was injured on May 3, 2017, resulting in a 3% permanent disability. He returned to his regular job duties with his employer, Securita America, Inc., but was laid off approximately five months later due to his employer's contract ending. While Martinez subsequently worked for a new employer at the same location and performing similar duties, the Board found that this did not satisfy the requirement of returning to the "same job for the same employer" for at least 12 months. Therefore, the Appeals Board amended the prior finding, ruling that Martinez is entitled to a Supplemental Job Displacement Benefit (SJDB) voucher.

Supplemental Job Displacement BenefitSJDB voucherpermanent partial disabilityemployer's dutyregular work offermodified work offeralternative work offer12-month durationRule 10133.31(c)substantial evidence
References
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