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

Case No. ADJ6461309
Regular
Jul 19, 2012

JOSEPH MARTIN vs. City of Ukiah, Permissibly Self-Insured, administered by REDWOOD EMPIRE MUNICIPAL FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding the WCJ's decision regarding air ambulance service fees. The board found that California Administrative Rule 9789.70, which dictates reasonable fees for ambulance services, is preempted by the federal Airline Deregulation Act. This preemption applies because the rule attempts to regulate the prices and services of air carriers, which is exclusively within federal purview. Therefore, the board concluded that the specific fee limitations in Rule 9789.70 do not apply to air ambulance services.

Workers Compensation Appeals BoardAD Rule 9789.70Air Ambulance ServicesAirline Deregulation ActADA Preemption49 U.S.C. § 41713(b)(1)Morales v. Trans World AirlinesState Regulation of Air CarriersWCABPetition for Reconsideration
References
Case No. GOL 0087934, GOL 0087935, GOL 0087936
En Banc
Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that the applicant's claim of discrimination under Labor Code section 132a was preempted by the federal Employee Retirement Income Security Act (ERISA), as the claim was premised on the employer's termination of contributions to an ERISA-regulated health plan.

ERISA preemptionLabor Code section 132agroup health benefitsdiscrimination claimadverse actionemployee welfare benefit planworkers' compensationindustrial injuriesemployer contributionstemporary disability
References
Case No. ADJ7303543
Regular
Apr 08, 2013

JUAN RAMOS vs. SCI TEK STAFFING, CHARTIS

This case involves a workers' compensation claim where the Appeals Board granted reconsideration. The prior WCJ decision was found inconsistent with *Enriquez v. Couto Dairy*, which established that the Appeals Board can find preemption of Administrative Director (AD) Rule 9789.70, specifically the Official Medical Fee Schedule for air ambulance services. The Board clarified that the Airline Deregulation Act may preempt this rule if the air ambulance provider qualifies as an "air carrier" and has the burden of proving this status. Therefore, the matter was returned to the trial level for further proceedings and a new decision consistent with *Enriquez*.

Workers' Compensation Appeals BoardEnriquez v. Couto DairyArticle III section 3.5 California ConstitutionLabor Code section 5307.1preemptionAdministrative Director Rule 9789.70Official Medical Fee ScheduleOMFSair ambulance servicesAirline Deregulation Act
References
Case No. ADJ1151115
Regular
Apr 25, 2011

DAWN BAKER vs. CHUCKAWALLA VALLEY STATE PRISON, STATE COMPENSATION INSURANCE FUND

The WCAB granted CCPOA's Petition for Removal, rescinded the WCJ's order taking CCPOA's lien off-calendar, and returned the matter for further proceedings. The WCJ erred by incorrectly stating a lien requires applicant consent and by failing to allow CCPOA due process to argue its lien's validity. While the WCJ raised potential issues regarding ERISA preemption and statutory authorization for the lien, the Board found these require further development at the trial level. CCPOA must still present evidence and argument to establish its lien under Labor Code sections 4903 and 4903.1.

Petition for RemovalLien ClaimantWCJ OrderOff-CalendarStipulated AwardIndustrial InjuryBilateral Upper ExtremitiesTemporary DisabilityPermanent DisabilityNotice of Lien
References
Case No. ADJ9351345
Regular
Jul 05, 2016

WILLIAM YONEMITSU vs. PACIFIC BELL TELPHONE COMPANY, OLD REPUBLIC INSURANCE COMPANY

Defendant Pacific Bell sought reconsideration of a decision awarding applicant cumulative injury benefits and denying the employer's claim for "excess credit." The defendant argued it was entitled to credit for payments made under a disability plan, citing relevant case law. However, the Workers' Compensation Appeals Board denied reconsideration, agreeing with the trial judge that the defendant failed to meet its burden of proof. This failure was primarily due to not presenting the disability plan itself or evidence of its funding and the parties' intent at trial. The Board also noted that ERISA preemption was raised for the first time on reconsideration, without an evidentiary hearing.

Workers' Compensation Appeals BoardPacific Bell Telephone CompanyOld Republic Insurance CompanyWilliam Yonemitsucumulative injurykneeslow backcable splicing techexcess creditPetition for Reconsideration
References
Case No. ADJ6833713
Significant
Mar 28, 2013

Luis Enriquez (deceased) vs. Couto Dairy, Zenith Insurance Company

The Appeals Board holds that the federal Airline Deregulation Act (ADA) preempts California's fee schedule for air ambulance services (AD Rule 9789.70) if the provider qualifies as an 'air carrier' under the ADA. The matter is returned to the trial level to determine the provider's legal status.

Airline Deregulation ActAD Rule 9789.70preemptionair carrierair transportationOfficial Medical Fee ScheduleOMFSFederal Aviation AdministrationFAAinterstate air transportation
References
Case No. ADJ18315308
Regular
May 09, 2025

CURTIS MADDEN III vs. SEATTLE SEAHAWKS, VIVIAN EBERLE

The Workers' Compensation Appeals Board (WCAB) affirmed the decision that California has subject matter jurisdiction over Curtis Madden III's industrial injury claim against the Seattle Seahawks. The jurisdiction was established because Madden accepted a verbal offer of employment in California, creating a valid contract for hire under state law. The WCAB ruled that the claim is not preempted by federal labor law as its resolution does not require interpreting the Collective Bargaining Agreement. Minor amendments were made to the factual findings to clarify that injury was 'claimed' rather than 'sustained' and to conform the listed body parts.

WCABjurisdictioncollective bargaining agreementNFLNFLPALMRApreemptioncontract of hireprofessional athletesubject matter jurisdiction
References
Case No. ADJ897091 (STK 0214371)
Regular
Nov 10, 2009

Humberto Garcia vs. Knight Incorporated

The Appeals Board grants the applicant's petition for removal, rescinding the WCJ's order that prevented the applicant from deposing employer witnesses on issues of discrimination under Labor Code section 132a. The Board finds the deposition is a reasonable method to determine the applicant's employment status.

Petition for removalLabor Code section 132aemployer discriminationtermination of employmentmedical benefits terminationdiscovery rightsdeposition of employer witnessWorkers' Compensation Appeals Boardadministrative law judgeirreparable harm
References
Case No. ADJ9095473
Regular
Mar 24, 2023

EVAN MOORE vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, PHILADELPHIA EAGLES, GREEN BAY PACKERS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted petitions for reconsideration filed by the Cleveland Browns and Great Divide Insurance Company. The Board's prior decision finding California jurisdiction based on a contract of hire formed in California was vacated. The Board determined the existing record was insufficient to definitively establish the location of contract formation and the agent's authority. The case is returned to the WCJ for further proceedings to develop the record on jurisdiction, contract formation, and potential exemptions.

California jurisdictioncontract of hirereconsiderationpetitionfindings of factoral contractfederal preemptionagency authorityintegration clauseliability exemptions
References
Case No. SRO 111817
Regular
Aug 18, 2008

Pedro Orantes vs. First Dodge Marin, Sonic Automotive

The Workers' Compensation Appeals Board (WCAB) granted applicant's petition for removal, rescinding the trial judge's order to cancel a hearing on a Labor Code section 132a discrimination claim. The WCAB found that a superior court's order compelling arbitration and staying WCAB proceedings was invalid due to lack of jurisdiction. The superior court cannot enjoin or interfere with the WCAB's proceedings. Therefore, the case is returned to the trial level for further proceedings on the applicant's discrimination claim.

Workers' Compensation Appeals BoardLabor Code Section 132aPetition for RemovalArbitrationSuperior Court OrderJurisdictionStay of ProceedingsDiscrimination ClaimPermanent DisabilityReinstatement
References
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