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

Case No. ADJ6616986; ADJ6603689; AD6616952
Regular
Aug 20, 2018

TERRY LEMBCKE vs. IVANHOE RANCH PARTNERS, LLC, HENRY GAMBOA

This case concerns Terry Lembcke's workers' compensation claims against Ivanhoe Ranch Partners, LLC and Henry Gamboa. The applicant alleged he was a statutory employee under Labor Code §2750.5 due to the nature of his work, which he claimed required contractor licenses that the defendants' entity lacked. The Workers' Compensation Appeals Board denied reconsideration of the WCJ's decision, adopting the WCJ's reasoning. The Board found that the defendants failed to rebut the presumption of employment under Labor Code §2750.5.

Statutory employeeLabor Code 2750.5Petition for ReconsiderationUninsured Employers Benefit Trust FundIvanhoe Ranch Partners LLCHenry Gamboawillful misconductindependent contractor statuscontractor's licenserebuttable presumption
References
Case No. ADJ4484214, ADJ1095231, ADJ1532047, ADJ7900801
Regular
May 17, 2017

CANA SWARTOUT vs. ENTERTAINMENT PARTNERS, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES, CAST & CREW ENTERTAINMENT, ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, CNA CLAIMS PLUS

This case involved multiple employers and insurance carriers for Dana Swartout's various work-related injuries sustained between 2002 and 2007. The Workers' Compensation Appeals Board (WCAB) initially issued findings but granted reconsideration to study the issues, including contentions about permanent total disability and statute of limitations. Following settlement conferences, the parties entered into a Compromise and Release agreement, which the WCAB has now approved. The WCAB rescinded its prior order and approved the settlement, finding it adequate and in the applicant's best interest.

Workers Compensation Appeals BoardDana SwartoutEntertainment PartnersAmerican Home AssuranceAIG Claims ServicesCast & Crew EntertainmentZurich North AmericaAmerican Casualty CompanyCNA Claims PlusPermanent Total Disability
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8222803
Regular
Jul 30, 2018

TERRY LASKO vs. ENTERTAINMENT PARTNERS; AIG, Cast & Crew Entertainment Services

This case involves a petition for contribution where Entertainment Partners seeks reimbursement from Cast & Crew for benefits paid to an applicant. The original arbitrator awarded Entertainment Partners $95,565.17 but denied Cast & Crew liability for future medical care. Entertainment Partners contends the arbitrator erred by arbitrarily allocating $7,500 to an unpled specific injury and by denying them contribution for temporary disability. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings due to the arbitrator exceeding his authority by making an unsubstantiated allocation.

Labor Code Section 5500.5ContributionPetition for ReconsiderationFindings and AwardCompromise and ReleaseCumulative TraumaFuture Medical CareArbitrator AuthorityTemporary DisabilitySpecific Injury
References
Case No. ADJ6959869
Regular
Nov 12, 2013

DAVID BODIN vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS CLAIMS INC.

The Workers' Compensation Appeals Board granted reconsideration of an order that dismissed "Entertainment Partners" as a party defendant with prejudice. The applicant sought to have the dismissal be without prejudice to allow for potential rejoining of the defendant. The Board agreed with the judge's recommendation to amend the dismissal order. Therefore, Entertainment Partners is dismissed without prejudice, allowing the applicant to potentially rejoin them if further discovery warrants.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative Trauma InjuryDismissal Without PrejudiceFinal OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law JudgeRejoin Defendant
References
Case No. LAO 0840517
Regular
Aug 20, 2007

UZMA XINA KANG vs. ENTERTAINMENT PARTNERS, CNA CLAIMPLUS

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The Board found the applicant to be a "minimum earner" for both temporary and permanent disability indemnity purposes. Consequently, the temporary disability indemnity rate was reduced to \$126 per week and the total permanent disability indemnity was adjusted to \$11,576.25, reflecting a lower average weekly earnings calculation than initially awarded.

Uzma Xina KangEntertainment PartnersCNA ClaimplusPetition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardIndustrial InjuryRight AnkleLow BackLungs
References
Case No. ADJ7817081
Regular
Jul 25, 2013

RUBY VARGAS vs. PEDIATRIC PARTNERS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Ruby Vargas' petition for reconsideration, upholding the WCJ's finding that she did not sustain a compensable injury. The employer successfully argued Labor Code section 3600(a)(10) because Vargas failed to report her alleged injury prior to receiving notice of her termination. The Board found the WCJ's credibility determinations, favoring the employer's witnesses who testified Vargas did not report an injury, were supported by the record. Furthermore, Vargas' attempt to introduce newly discovered witness testimony was rejected as it could have been discovered with reasonable diligence prior to the hearing.

Workers' Compensation Appeals BoardRuby VargasPediatric PartnersZurich American Insurance CompanyGallagher BassettADJ7817081Opinion and Order Denying Petition for ReconsiderationLabor Code section 3600(a)(10)Affirmative DefensePost-Termination Notice
References
Case No. ADJ2505407 (LAO 0854803)
Regular
Jan 18, 2011

REBECCA MARCELO vs. CITRUS VALLEY HEALTH PARTNERS, TRAVELERS INSURANCE COMPANY

The Appeals Board granted reconsideration of a WCJ's decision that disallowed a lien claimant's services, finding they were not reasonably required. The lien claimant argued the WCJ erred by proceeding without its representative present and failing to consider evidence. The Board agreed, adopting the WCJ's report which highlighted the need for parties to be prepared at all stages to manage lien claims efficiently. The matter was returned to the trial level for further proceedings and a new decision, with potential sanctions for the lien claimant's unpreparedness.

Petition for ReconsiderationLien claimantWCJ decisionindustrial injurycumulative traumaPhysician PartnerPinnacle Lien Servicesdisallowed liencourt reporterPetition for Reconsideration
References
Case No. ADJ13870377
Regular
Mar 20, 2023

HORTENCIA PEREZ vs. PARTNERS PERSONNEL, Starr Specialty Insurance Company, CorVel Corporation

The Workers' Compensation Appeals Board (WCAB) granted Hortencia Perez's petition for reconsideration of a previous decision filed August 18, 2022. The WCAB found reconsideration necessary to allow further study of the factual and legal issues for a just and reasoned decision. This order effectively tolls the statutory time limits for acting on the petition due to delayed notice, as permitted by *Shipley v. Workers' Comp. Appeals Bd*. All further communications regarding the petition must now be directed to the WCAB Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationShipley tollingstatutory time constraintsAdjudication NumberCorVel CorporationStarr Specialty Insurance CompanyPartners PersonnelCal. Code Regs. tit. 8 § 10615(c)Cal. Code Regs. tit. 8 § 10961
References
Case No. ADJ 2674252
Regular
Apr 21, 2008

LOYD CATLETT vs. ENTERTAINMENT PARTNERS, CONTINENTAL CASUALTY OF READING PENNSYLVANIA c/o CNA CLAIMPLUS

This case concerns the calculation of temporary partial disability benefits for a stuntman injured on July 28, 2001, and November 2000. The applicant argued that benefits should be calculated weekly and that later payments should be at the current rate per Labor Code section 4661.5. The Appeals Board affirmed the WCJ's decision, finding that benefits were properly calculated by comparing total pre-injury average weekly earnings to actual earnings over the entire disability period, reflecting the sporadic nature of the applicant's work. The Board clarified that Labor Code section 4661.5 only applies to temporary total disability, not temporary partial disability.

Workers' Compensation Appeals BoardLoyd CatlettEntertainment PartnersContinental Casualtytemporary partial disabilityjoint findings and orderreconsiderationworkers' compensation administrative law judgetemporary disability benefitsEDD benefits
References
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