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

Case No. ADJ10955890
Regular
Dec 21, 2018

JONATHAN ELFORD vs. MD OFFICE SOLUTIONS INC., AMERICAN ECONOMY INSURANCE COMPANY, LIBERTY MUTUAL

This case involves a Petition for Reconsideration filed by MD Office Solutions Inc. (Liberty Mutual/American Economy Insurance Company) challenging a prior workers' compensation award. The defendant alleges a mutual mistake regarding insurance coverage for the applicant's March 9, 2015 injury, claiming they were not the liable carrier. However, the Board dismissed the petition as untimely, noting it was filed 61 days after the award was served. The Board suggested the defendant should instead file a petition to set aside the award based on good cause, such as mutual mistake, and directed the matter back to the trial level.

Petition for ReconsiderationStipulations with Request for AwardMutual Mistake of FactWorkers' Compensation CoverageLiable CarrierTimelinessDismissedPetition to Set Aside AwardLabor Code Section 5803Good Cause
References
Case No. ADJ3992748 (SDO 0319279)
Regular
Nov 01, 2019

MARTHA GONZALEZ vs. ANGELICA CORPORATION, CALIFORNIA, INSURANCE GUARANTEE ASSOCIATION, FOR LUMBERMAN’S MUTUAL CASUALTY INSURANCE, IN LIQUIDATION, BY ITS SERVICING FACILITY, TRISTAR RISK MANAGEMENT, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

Defendant California Insurance Guarantee Association sought reconsideration of an order dismissing it from a workers' compensation case, arguing excusable neglect and mutual mistake regarding reimbursement amounts. The Appeals Board dismissed the petition as premature, as no evidence was taken to support the defendant's claims of a mistake in the stipulation. The matter is returned to the trial level to allow the WCJ to hold a hearing on the defendant's petition to set aside the order. This ensures due process and a proper evidentiary record before any final determination.

California Insurance Guarantee AssociationLumberman's Mutual Casualty InsuranceTristar Risk ManagementZurich American Insurance CompanyGallagher Bassett ServicesPetition for ReconsiderationExcusable NeglectMutual Mistake of FactStipulationsOrder Dismissing Defendant
References
Case No. ADJ744923 (ANA 0385182)
Regular
Jul 22, 2011

CHARLES BUFFINGTON III vs. FACTORY MUTUAL, INFRARED TESTING, INC., LIBERTY MUTUAL INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Factory Mutual seeks reconsideration of a workers' compensation decision finding Liberty Mutual provided coverage for Infrared Testing, Inc. during the applicant's injury period. Factory admits it sold its interest in Infrared before the cumulative injury period, arguing Liberty's coverage stipulation was a mistake. The Board dismissed Factory's petition, finding Factory lacks standing as it had no interest in the employer after August 2, 2000. The Board also indicated it would have denied the petition on the merits due to Liberty's stipulation and the elapsed premium collection period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersStipulationCoverage disputeMistake in coverageSale of interestUninsured Employers Benefits Trust FundStandingAggrieved party
References
Case No. ADJ7304470
Regular
Sep 16, 2016

CHERRITA YOUNG vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board denied Cherrita Young's petition for reconsideration. The Board found no evidence of "new and further permanent disability" as required to reopen a prior stipulated award. Applicant's claim that the original award was based on a mistaken lower disability rating was not sufficiently supported by evidence of mutual mistake or excusable neglect. Therefore, the original award, which found 36% permanent disability based on 23% whole person impairment, remains valid.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderNew and Further DisabilityPetition to ReopenStipulated AwardAgreed Medical EvaluatorWhole Person Impairment (WPI)Permanent DisabilityLabor Code section 5803
References
Case No. ADJ8135969
Regular
May 06, 2013

JORGE HINOJOSA vs. BEST COACH TECHNOLOGIES, CHARTIS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration because it was not properly served on all adverse parties. The WCAB also issued a warning to the lien claimant and their representative, Advance Acupuncture Therapeutics, regarding sanctions for frivolous claims and misrepresentation of facts. The dismissal stemmed from the lien claimant's failure to appear at a lien conference and their unsubstantiated excuses. The WCAB emphasized that such conduct demonstrates disrespect for the system and will lead to sanctions in the future.

Petition for reconsiderationLabor Code section 5905WCAB Rules 10505WCAB Rules 10850sanctionsfrivolous petitionlien claimantlien conferencenotice of intent to impose sanctionsLabor Code § 5813
References
Case No. ADJ9168564
Regular
Feb 23, 2016

Gloria Alvarez vs. G6 HOSPITALITY, LIBERTY MUTUAL

This case involves a Petition for Reconsideration filed by G6 Hospitality and Liberty Mutual, seeking to overturn an order to pay the lien of Work Med in full. The defendants failed to appear at a lien conference and did not object to a Notice of Intent to allow the lien. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found no legal grounds to set aside the order. The Board noted that the defendants' failure to track the case did not excuse their default.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLien ConferenceNotice of IntentLien ClaimantProof of ServiceMinute OrderLiberty MutualG6 Hospitality
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
Case No. ADJ2051569 (SDO 0220620) ADJ2305894 (SDO 0272613)
Regular
May 18, 2009

Richard Appleton vs. Caron Construction and Drilco, Inc., Liberty Mutual Insurance Company, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied Liberty Mutual's petition for reconsideration regarding the exclusion of a medical report, finding no due process denial. Conversely, the Board granted State Fund's petition for reconsideration, rescinding the arbitrator's decision. This rescission was based on a lack of substantial admissible medical evidence to support a finding of psychiatric injury during the specified cumulative period. Consequently, the Board found the applicant did not sustain a compensable psychiatric injury during that time.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryAgreed Medical EvaluatorDue ProcessSubstantial Medical EvidenceCumulative TraumaArbitrationExclusion of EvidenceApportionment
References
Case No. ADJ10983565
Regular
Aug 18, 2025

DERRYL THOMPSON vs. VICTORY OUTREACH CHINO, CHURCH MUTUAL INSURANCE CO., MISSION ACTS MINISTRIES, MECUM ACUTIONS, INC., ZURICH AMERICAN INS. CO.

Applicant Derryl Thompson claimed injury while working for alleged employers Victory Outreach Chino (general employer), Mission Acts Ministries (employer and personnel staffing agency), and Mecum Auctions, Inc. (special employer). Defendants Zurich American Insurance Company and Church Mutual Insurance Company sought reconsideration of the Findings and Order that established this dual employment relationship. The Appeals Board denied both petitions for reconsideration, affirming the WCJ's finding that the applicant was an employee and not a volunteer, and that Victory was a general employer while Mecum was a special employer, rejecting the defendants' arguments for exclusion under Labor Code sections 3352(a)(2) and (a)(9).

General employerSpecial employerVolunteer exclusionLabor Code 3352(a)(2)Labor Code 3352(a)(9)Aid or sustenanceRemunerationDual employmentStaffing agencyNon-profit status
References
Case No. ADJ8472736
Regular
Apr 25, 2016

Monica Silerio vs. Superior Grocers, California Insurance Guarantee Association for Ullico Casualty Company

In this workers' compensation case, the defendants petitioned to vacate a prior award based on a stipulated agreement, claiming a mutual mistake regarding the permanent disability indemnity rates. The Appeals Board found the petition timely filed, reversing the WCJ's initial dismissal. The Board rescinded the award and remanded the case to the WCJ to consider the defendants' mutual mistake claim concerning the indemnity rates. The parties may seek reconsideration after the WCJ issues a new award.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationUllico Casualty CompanyPatriot Risk ServicesStipulations with Request for AwardPetition to Vacatemutual mistakepermanent disability indemnity raterescinded awardtimely filed
References
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