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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Stone v. Williams

Robert Stone was injured at a Merit service station in Staten Island on April 3, 1977, when he was struck by a car driven by Kerry Williams. A jury assessed Stone's damages at $200,000 and apportioned 20% liability to the Merit service station defendants. The dissenting opinion argues against the majority's view that the service station owed no duty to direct traffic and that its negligence was not a causative factor. Justice Gibbons contends that the service station had a duty of reasonable care to its patrons and that the jury's finding of negligence and proximate cause, based on inadequate staffing and failure to control traffic, was supported by the evidence. He also argues that the $200,000 damage award was not excessive, citing the severity of Stone's injuries, including a broken leg, a mangled hand with a shattered middle finger, and the amputation of a ring finger, resulting in a 40-50% permanent loss of use of his left hand.

Personal InjuryNegligencePremises LiabilityDuty of CareProximate CauseForeseeabilityJury VerdictDamagesExcessive DamagesAppellate Review
References
14
Case No. MISSING
Regular Panel Decision

Claim of Noel v. Owens-Brockway

The employer appealed a Workers’ Compensation Board decision from March 15, 2000, which deemed their application for review untimely and also affirmed a Workers’ Compensation Law Judge’s decision on the merits. The appellate court noted that the Board possessed discretionary authority to review beyond the 30-day period and had, in fact, addressed the merits of the appeal. Despite the employer challenging only the timeliness on appeal, the court found no reason to disturb the Board’s decision, as its alternative ruling on the merits remained unchallenged, thus providing no grounds for relief.

untimelinessworkers' compensation appealboard reviewdiscretionary authoritymerits reviewunchallenged rulingaffirmationappellate procedureWorkers' Compensation Lawjudicial review
References
2
Case No. ADJ8737025 ADJ9415548
Regular
Jan 21, 2020

HERIBERTO GUILLEN vs. INFINITY STAFFING; AGGCAP INSURANCE, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition to disqualify a Workers' Compensation Judge (WCJ) due to her testimony as a witness in a separate criminal proceeding concerning the applicant. The defendant argued the WCJ was a material witness, expressed an opinion on the merits, or had a doubtful capacity for impartiality. The Appeals Board denied the petition, finding her testimony, given under subpoena, did not demonstrate bias nor constituted an unqualified opinion on the case's merits, as she merely explained legal principles. One Commissioner dissented, believing the WCJ's testimony on the impact of the applicant's fraud conviction created an appearance of bias and prejudged the merits of a pending dismissal petition.

Petition for disqualificationWCJ testimonyInsurance Code section 1871.4Penal Code section 118Code of Civil Procedure section 641Rule 9721.12material witnessunqualified opinionappearance of biasnolo contendere
References
8
Case No. LAO 0726907
Regular
May 29, 2007

HABTNESH EZRA vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES

Applicant's counsel, Martin Reiner, is denied disqualification of the Appeals Board and ordered to pay $\$ 2,500$ in sanctions. The Board found Reiner's written comments to be intentionally disruptive and without merit, and his response did not provide good cause to avoid sanctions or grounds for disqualification. The sanctions imposed do not impact the applicant's right to representation or a hearing on the merits of her case.

DisqualificationSanctionsApplicant's CounselWillful IntentDelay ProceedingsImproper MotiveWithout MeritWorkers' Compensation Appeals BoardLabor CodeCalifornia Code of Regulations
References
0
Case No. ADJ8462686, ADJ8462674, ADJ8462669, ADJ8458516, ADJ8454515
Regular
May 06, 2016

BENIGIA SANTANA vs. TRI-S ENTERPRISES, INC., WESCO INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded a WCJ's order dismissing a lien claim, and remanded the matter for a hearing on the merits of the lien. The WCAB also reduced sanctions imposed on the lien claimant's representative from \$500 to \$100, citing the policy to favor hearings on the merits. While the representative's tardiness and conduct were not condoned, dismissal was deemed too severe a penalty.

Workers' Compensation Appeals BoardLien claimantReconsiderationWCJOrder Dismissing LienCompromise and ReleaseSanctionsLabor Code section 5813Hearing representativeTardiness
References
1
Case No. ADJ2200491 (OXN 0142346)
Regular
Aug 23, 2010

MARK FOLEY vs. AXIUM ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY

The WCAB granted reconsideration, rescinded the dismissal of Nepac Providers' lien, and returned the matter for a hearing on the merits. While Nepac failed to personally appear at a lien conference, the Board found that the dismissal was premature given Nepac's attempts to arrange telephone availability and its prompt objection to the notice of dismissal. The Board cited the policy favoring hearings on the merits and found Nepac had made a sufficient showing to avoid default.

Workers' Compensation Appeals BoardReconsiderationLien DismissalLien ConferenceCompromise & ReleaseIndustrial InjuryLumbar SpineMedical TreatmentCompound MedicationsDeclaration of Readiness to Proceed
References
2
Case No. RIV 0046548
Regular
Dec 27, 2007

MARIA GAMA vs. KINRO, INC., ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing a lien claim filed by Strohbach Chiropractic. The dismissal was based on the lien claimant's failure to appear at a conference and failure to object to a notice of intention to disallow the lien. The WCAB found that a dismissal solely for non-appearance is not a proper disallowance on the merits and does not provide due process. The case was returned to the trial level for a decision on the merits of the lien.

WCABReconsiderationLien ClaimantDismissalFailure to AppearDue ProcessDeclaration of ReadinessLien ConferenceNotice of Intention to DisallowCompromise and Release
References
2
Case No. ADJ7663703
Regular
Jun 10, 2013

ANABEL TREVINO vs. M&R PACKING, WAUSAU INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by applicant Anabel Trevino that the Workers' Compensation Appeals Board (WCAB) dismissed. The WCAB found the petition was untimely because it was filed more than 25 days after the initial decision. The WCAB adopted the administrative law judge's report recommending dismissal, noting the petition did not address the merits of the case. Consequently, the WCAB ordered the Petition for Reconsideration dismissed as both untimely and lacking merit.

Petition for ReconsiderationUntimelyDismissalLabor Code section 5903Code of Civil Procedure section 1013Workers' Compensation Appeals BoardWCJReport and RecommendationApplicantDefendants
References
0
Case No. ADJ3194339 (SFO 0437494) ADJ3391559 (SFO 0494203) ADJ748288 (SFO 0494205)
Regular
Feb 18, 2010

AMED NAGI ALI vs. ABLE MAINTENANCE COMPANY, CONTINENTAL INSURANCE COMPANY, ALASKA NATIONAL INSURANCE COMPANY, FARMERS INSURANCE COMPANY

The Appeals Board granted reconsideration to reinstate the applicant's three workers' compensation cases, which had been dismissed without prejudice. The applicant successfully argued that dismissal orders were erroneously reinstated because notices were sent to an incorrect address while he was out of the country. The Board found the petition was timely filed and emphasized the public policy favoring disposition of cases on their merits, particularly for unrepresented employees. The cases are now returned to the trial level for further proceedings and a decision on the merits.

ReconsiderationOrder Reinstating Orders of DismissalRescindedDismissal without prejudiceIndustrial InjuryHead InjuryCardiovascular SystemRespiratory SystemStressWrong Address
References
12
Case No. ADJ2017747
Regular
Nov 01, 2011

DIANE REYNOSO vs. WELCOME HOME, CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration and returned the case to the trial level to decide a lien claim on its merits. The WCJ initially denied the lien claim as barred by the statute of limitations. However, the Board found the defendant estopped from asserting the statute of limitations due to their failure to serve the lien claimant with crucial documents. This failure to serve tolled the statute of limitations, allowing the lien claim to proceed to a decision on its merits.

Workers' Compensation Appeals BoardLien claimantStatute of limitationsLabor Code section 4903.5ReconsiderationFindings and OrderStipulated AwardCompromise and ReleaseExplanation of ReviewWCAB Rule 10886
References
2
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