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Case Law Database

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

Case No. ADJ1508875
Regular
Sep 16, 2019

DERRELL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY OF CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involved applicant Derrell Feldman and multiple defendants. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but increased the applicant's attorney fees to $10,432.80. Additionally, the award for permanent disability indemnity was adjusted, and the attorney fees were ordered payable directly to the applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWCJ's reportSeabright Insurance CompanyPermanent disability indemnityLabor Code Section 4658(d)Attorney feesADJ1508875Critchfield Mechanical
References
Case No. ADJ1508875 (SAL 0120616) ADJ10261915 ADJ7549983
Regular
Oct 31, 2019

DERREL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., d.b.a ENSTAR ADMINISTRATORS, SEABRIGHT INSURANCE COMPANY, O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY of CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This case involved a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision that inadvertently awarded a second Labor Code section 4658(d) increase. The defendant requested a correction, which the WCAB granted. The WCAB has the authority to correct clerical errors at any time. Therefore, the September 16, 2019 decision was affirmed but amended to remove the erroneous second increase, clarifying the permanent disability indemnity awarded.

Workers' Compensation Appeals BoardPetition for ReconsiderationClerical ErrorLabor Code section 4658(d)Permanent disability indemnityAttorney feesSeabright Insurance CompanyTravelers Indemnity CompanyState Compensation Insurance FundCritchfield Mechanical
References
Case No. ADJ10173387; ADJ19907358; ADJ3052978; ADJ3882676; ADJ4063239; ADJ4429907; ADJ883851; ADJ8926536
Regular
Sep 22, 2025

AURORA MUNOZ vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

This case concerns an applicant's petition for reconsideration of a denial of increased benefits for serious and willful misconduct by her employer. The applicant, a bus driver, was injured when a passenger lift malfunctioned. The Board denied reconsideration, affirming the WCJ's finding that the employer did not engage in serious and willful misconduct, as they reasonably relied on a mechanic's report stating the vehicle was safe to operate after an electrical short. The Board also found no basis for a presumption of serious and willful misconduct due to the employer's alleged failure to respond to discovery requests, as such procedures are not typically applicable in workers' compensation proceedings.

Serious and Willful MisconductLabor Code Section 4553Vehicle Inspection ReportPassenger LiftMechanic's Opinion"OK to Drive"Knowledge of DangerIntentional ActReckless DisregardAdverse Inference
References
Case No. ADJ10620323
Regular
May 14, 2019

EDWARD ZOZOSKY vs. INTERSTATE DISTRIBUTOR CO.; XL INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board affirmed a finding that Edward Zozosky sustained a right shoulder injury arising out of and in the course of employment, despite conflicting evidence regarding a forceful braking event. The Board found that medical reports from Dr. Kupfer and Dr. Zardouz constituted substantial evidence supporting the injury AOE/COE. While the defendant presented testimony and evidence questioning the mechanics of the alleged forceful stop, the Board gave deference to the administrative law judge's credibility determination of the applicant. However, one Commissioner dissented, arguing that the applicant failed to present substantial evidence of an industrial injury, emphasizing the lack of corroborating medical history and applicant's credibility issues.

AOE/COEhard braking eventOnGuard systemABS brakesrotator cuff capsule sprainindustrial aggravationQMEmedical opinioncredibility determinationsubstantial evidence
References
Case No. ADJ3328242 (SAC 0369772)
Regular
Mar 07, 2009

FRANK R. SANTOS vs. AMERICAN AIR MECHANICAL, INC., FIRST COMP OMAHA for ENDURANCE INSURANCE COMPANY

This case involves an applicant, Frank R. Santos, and defendants American Air Mechanical, Inc. and First Comp Omaha. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted the findings of the workers' compensation administrative law judge and gave great weight to their credibility determination. Therefore, the petition for reconsideration has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility FindingGarza v. Workers' Comp. Appeals Bd.Denial of ReconsiderationAmerican Air MechanicalFirst Comp OmahaEndurance Insurance CompanyADJ3328242
References
Case No. ADJ705744 (AHM 0148879)
Regular
Feb 05, 2013

PATRICK MURRAY vs. BALTAZAR PEREZ, DBA PERFORMANCE AIR AND MECHANICAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CALIFORNIA COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Patrick Murray's petition for reconsideration, upholding the findings of the Workers' Compensation Judge (WCJ). The WCJ's report, which was adopted by the Board, determined that Murray was not an employee of California Auto Collision on the date of his injury. The Uninsured Employers Benefits Trust Fund's (UEBTF) petition for reconsideration was dismissed as skeletal and would have been denied on its merits as well. The Board found that the evidence supported the conclusion that Murray was an employee of Baltazar Perez, DBA Performance Air and Mechanical, and not California Auto Collision.

Workers' Compensation Appeals BoardPetition for ReconsiderationUninsured Employers Benefits Trust FundSkeletal PetitionWCAB Rule 10846Employee StatusIndependent ContractorControl TestSecondary IndiciaBorello Factors
References
Case No. ADJ1468790 (RIV 0078105)
Regular
Feb 21, 2014

AUSTREBERTO FLORES, EFIGENIA FLORES vs. CARSON CAPITAL CORPORATION, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that applicants failed to prove a serious and willful violation or safety violation causing the decedent's death. The WCJ found the employer had no knowledge of the cart's mechanical issues, deeming the throttle spring break a spontaneous event. The Board upheld this, giving more weight to the credible testimony of the employer and defense witness over unsworn hearsay statements from co-employees not produced for cross-examination. A dissenting commissioner argued for further development of the record, noting consistent employee statements suggesting employer knowledge of mechanical problems and failure to act.

Serious and willful violationSafety violationDeath benefitsCompromise and ReleasePetition for ReconsiderationFindings and OrderCompetent hearsayDeposeCross-examinationCredibility findings
References
Case No. ADJ12014398
Regular
Mar 28, 2025

ROBERT JOLLEY vs. UNITED MECHANICAL, INC.; ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Robert Jolley's petition for reconsideration. Jolley, an applicant, sustained an industrial neck injury in 2019 while employed by United Mechanical, Inc. He filed a third-party negligence lawsuit against The Whiting Turner Contracting Company, which settled. The Workers' Compensation Judge (WCJ) found that United Mechanical, Inc. was not negligent and thus entitled to full credit against Jolley's workers' compensation liability from the civil settlement. Jolley challenged this, arguing employer negligence due to constructive notice of hazards and inadequate safety measures. The Appeals Board, adopting the WCJ's report, affirmed that Jolley failed to establish employer negligence, concluding that the employer did not know, nor should have reasonably known, of the dangerous condition prior to the injury.

Third-party creditEmployer negligenceConstructive noticePetition for reconsiderationFindings of Fact and OrdersLabor CodePermanent partial disabilityTemporary total disabilityCivil lawsuit settlementIncident report
References
Case No. ADJ7139856
Regular
May 26, 2015

GEORGE HARRIS vs. NUMACJ MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied George Harris's petition for reconsideration of a decision that awarded him 65% permanent disability. The WCJ's report, which the Board adopted, found that Harris did not sustain injuries to numerous body parts claimed beyond those already admitted. While the WCJ's initial decision contained a clerical error regarding the date of injury, it was corrected to January 8, 2005, aligning with the evidence. The Board agreed with the WCJ's apportionment of permanent disability based on causation, as supported by medical evaluations.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDate of InjuryPermanent DisabilityTotal Permanent DisabilityHVAC Service TraineeNumac MechanicalInc.State Compensation Insurance Fund
References
Case No. SDO 0341777
Regular
Sep 21, 2007

ARMANDO GALLEGOS vs. A.O. REED & COMPANY, ST. PAUL TRAVELERS INSURANCE, UNIVERSAL MECHANICAL (EMCOR), AMERICAN CASUALTY COMPANY OF READING, PA., SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board affirmed an arbitration award against A.O. Reed & Company, finding that the arbitrator had jurisdiction despite Reed not being a signatory to the collective bargaining agreement. Reed waived its objections by participating in the arbitration and discovery without protest, thus effectively agreeing to the process. The Board also found that Reed could have discovered its signatory status with reasonable diligence prior to the arbitration.

Workers' Compensation Appeals BoardArmando GallegosA.O. Reed & CompanySt. Paul Travelers InsuranceUniversal MechanicalAmerican Casualty CompanySpecialty Risk ServicesSDO 0341777Opinion and Decision After ReconsiderationArbitrator jurisdiction
References
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