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

Case No. SAL 95992 SAL 95993 SAL 97616
Regular
Feb 06, 2008

JOSE G. LIZARRAGA (DECEASED) vs. WATSONVILLE PRODUCE, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case concerns whether a binding compromise and release agreement was formed before the applicant's death. The Appeals Board denied reconsideration, finding that the agreement was not "duly executed" as required by statute because the defendant had not signed it, and a Medicare set aside provision was still pending. The majority concluded that a complete meeting of the minds on all material aspects was lacking, making the WCJ's prior finding of a binding agreement erroneous.

Compromise and ReleaseDuly ExecutedMedicare Set AsideBinding AgreementMeeting of the MindsLabor Code Section 5003Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial Injury
References
Case No. ADJ2528455
Regular
Feb 13, 2012

MARIA FRANCISCO vs. CALIFORNIA RAIN COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order that approved a stipulation settling their lien for $50 out of $1,325. The lien claimant argued mutual mistake of fact, claiming they lacked a complete itemization of charges and there was no meeting of the minds. The WCAB denied reconsideration, finding the lien claimant failed to demonstrate mutual mistake and instead appeared to seek relief from their own unilateral mistake. The Board also noted the lien claimant attached already-filed exhibits to their petition, warning of potential sanctions for repeated rule violations.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationStipulations and Order to Pay Lien ClaimantMutual Mistake of FactMeeting of the MindsTimelinessPetition for ReconsiderationGood CauseUnilateral Mistake
References
Case No. ADJ8013952
Regular
Nov 27, 2017

Becroft, Brian vs. Searles Valley Minerals, Zurich American Insurance Company

This case involves a workers' compensation applicant who sustained a right shoulder injury and sought reconsideration of findings denying claims of employer misconduct and discriminatory termination. The Workers' Compensation Appeals Board denied the petition for reconsideration. The Board affirmed the administrative law judge's credibility findings, which favored the employer's witnesses who denied receiving notice of the safety concerns. The Board found no substantial contrary evidence to overturn the judge's determination that the applicant failed to meet his burden of proof on these claims.

Serious and willful misconductDiscriminatory terminationIndustrial injuryRight shoulderMaterials handlerCompromise and ReleaseLabor Code section 132aFall arrest systemDrawbarPortable steps
References
Case No. ADJ9099900
Regular
May 04, 2015

JESSEKA BETTS vs. YMCA OF THE EAST VALLEY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming a prior award. The applicant, a YMCA site director, sustained injuries in a car accident while en route to a work-related meeting. The Board found that the "required vehicle exception" to the going and coming rule applied, as the applicant was required to use her personal vehicle for her job duties, for which she was reimbursed mileage. Therefore, her injuries were deemed to have arisen out of and in the course of employment.

Workers' Compensation Appeals Boardgoing and coming defenserequired vehicle exceptionmaterial deviationwork-related meetingmileage reimbursementsplit shiftssite directorcar insurancelicensing inspection
References
Case No. ADJ9735466
Regular
Dec 07, 2015

DANIEL KAVANAGH vs. COUNTY OF SANTA BARBARA

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found applicant's claim barred by the going and coming rule. The Board determined that the applicant's commute to a mandatory monthly sergeants' meeting, even on his day off and in uniform, did not constitute a special mission. The court reasoned that the meeting's location, timing, and nature were not extraordinary relative to routine duties, and thus no exception to the rule applied. Consequently, the applicant was ordered to take nothing by way of his claim.

Going and coming ruleSpecial mission exceptionAOE/COECustody sergeantDeputy sheriffMandatory meetingDay offExtra ordinary activityRoutine dutiesEmployer benefit
References
Case No. ADJ12989988
Regular
Aug 22, 2025

Homero Balderas vs. Cheema Transport, Inc.; State Compensation Insurance Fund

Lien claimant, applicant's prior attorney, sought reconsideration of an Order Approving Compromise & Release (OACR) dated June 3, 2025, alleging due process violations and actions in excess of the Appeals Board's powers. The Board determined the petition for reconsideration was premature and dismissed it, returning the case to the Workers' Compensation Judge (WCJ). The WCJ is advised to treat the filing as a petition to set aside the OACR and to schedule a hearing to allow the lien claimant to present evidence, as the original OACR was approved via a walkthrough without a full record or input from the lien claimant.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise & ReleaseLien ClaimantDue ProcessWCJ Report and RecommendationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Continuing JurisdictionSet Aside OACR
References
Case No. RIV 0027402, RIV 0064770
Regular
Jun 02, 2008

DELIA BEJARANO vs. Riverside Community Hospital, INTERCARE INSURANCE SERVICES, ALLIANZ INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY C/O BROADSPIRE CLAIMS SERVICES, ZURICH AMERICAN INSURANCE C/O BROADSPIRE CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded the trial judge's decision, and remanded the case, finding no final agreement on settlement terms was reached between the parties. The applicant signed a compromise and release, but a subsequent addendum unilaterally introduced by one defendant, altering contribution and lien responsibilities, was not agreed upon by all parties. Therefore, no enforceable settlement existed, and the case was returned for further proceedings.

COMPROMISE AND RELEASEMANDATORY SETTLEMENT CONFERENCEADDENDUM CUNILATERAL MODIFICATIONMEETING OF THE MINDSSETTLEMENT AUTHORITYTENTATIVE AGREEMENTLIABILITY AND CONTRIBUTIONLABOR CODE SECTION 5001FAILURE OF CONSIDERATION
References
Case No. ADJ9811478
Regular
Aug 14, 2017

MARCOS RAMIREZ vs. HALL MANAGEMENT CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY/AIG

The applicant sought reconsideration of an order approving a compromise and release (C&R) settlement, claiming there was no agreement to include his hernia claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration. The WCAB found that the applicant's claim regarding the hernia was a dispute over the C&R, not a final decision on the merits. The matter was remanded to the WCJ for a hearing to create a record on the applicant's allegations before further appeal.

Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals Boardmeeting of the mindshernia claimdefective servicecontinuing jurisdictiongood causemutual mistake of factduress
References
Case No. ADJ12518707; ADJ12518708; ADJ12518731
Regular
Feb 13, 2023

BESSIE TRIPLETT vs. PACIFIC BELL TELEPHONE COMPANY, OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded three Orders Approving Compromise and Release (OACRs) issued by a WCJ, finding them inadequate due to a lack of evidence, unclear terms regarding indemnity, illegible provisions, and conflicting language within addenda and the main body of the agreements. The Board noted the parties failed to provide medical reports or explain the basis for indemnity "according to proof" and highlighted inconsistencies in the settlement's scope and the improper settlement of supplemental job displacement benefits. Consequently, the matters were returned to the trial level for further proceedings to determine the adequacy of the proposed settlements.

Compromise and ReleaseOrder Approving Compromise and ReleasePetition for ReconsiderationWCJ ReportMedical RecordsDue ProcessQualified Medical-Legal ExaminationDeclaration of Readiness to ProceedMotion to CompelMandatory Settlement Conference
References
Case No. ADJ20307046
Regular
Apr 01, 2025

FRANK UWAKWE vs. AMAZON COM INC; LIBERTY MUTUAL INSURANCE CORPORATION

Applicant Frank Uwakwe sought reconsideration of an Order Approving Compromise and Release (OACR), arguing he did not understand the settlement terms and that the OACR failed to consider all claimed injuries. The Workers' Compensation Appeals Board (WCAB) received a Report and Recommendation from the WCJ suggesting the Petition be treated as one to set aside the OACR and returned to the trial level. Citing its continuing jurisdiction and contract principles, the WCAB dismissed the Petition for Reconsideration as premature. The matter is returned to the trial level for the WCJ to consider the petition as one to set aside the OACR, conduct further proceedings, and potentially order medical-legal reporting.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OACRMeeting of the MindsMutual ConsentContract PrinciplesGood CauseDue ProcessFair Hearing
References
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