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Case Law Database

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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
Case No. ADJ460672 (SFO 0499592) ADJ1224818 (SFO 0499593)
Regular
Jul 07, 2010

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case concerns applicant Hamid Khazaeli's repeated, unsuccessful attempts to challenge an administrative order allowing defendant Sysmaster Corp.'s law firm to withdraw. The Appeals Board dismissed Khazaeli's petitions for reconsideration and removal, finding the order was procedural and did not affect his substantive rights or cause irreparable harm. The Board noted Khazaeli's history of filing frivolous petitions that delay proceedings and warned of sanctions and a potential vexatious litigant declaration if such behavior continues.

WCABPetition for ReconsiderationPetition for RemovalLaw Firm DismissalAttorney of RecordIndustrial InjurySales RepresentativeCumulative TraumaAdministrative Law JudgeEAMS
References
Case No. ADJ25889773 (SRO 0125150) ADJ2310836 (SRO 0125151) ADJ 4628741 (SRO 0127006)
Regular
Nov 24, 2008

JOSE SANCHEZ vs. AMY'S KITCHEN, ZURICH NORTH AMERICA, SECURITY INSURANCE, COMPANY OF HARTFORD SUCCESSOR TO CONNECTICUT INDEMNITY, Adjusted by CAMBRIDGE AND MAJESTIC INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a dispute over the distribution of $75,000 in attorney's fees awarded in a compromise and release agreement. The applicant's former counsel, Kneisler Law Firm, filed a lien for fees, but the original approval order did not specify how these fees would be divided with the applicant's current counsel. The Board granted reconsideration to amend the order, clarifying that the prior attorney's lien shall be paid out of the $75,000 award, with the exact amount to be adjusted by the parties. Jurisdiction is reserved for further proceedings if the parties cannot agree on the division.

Workers' Compensation Appeals BoardAmy's KitchenZurich North AmericaSecurity Insurance Company of HartfordConnecticut IndemnityCambridge Insurance CompanyMajestic Insurance CompanyPetition for ReconsiderationCompromise and ReleaseAttorneys' Fees
References
Case No. ADJ9158320, ADJ6695957
Regular
Oct 23, 2017

Marvin Rogers vs. American Medical Response, ACE American Insurance Company

This case concerns a workers' compensation insurer seeking credit for overpaid temporary disability benefits. The applicant, Marvin Rogers, sustained a lumbar spine injury as a paramedic. The insurer paid temporary disability benefits beyond the applicant's permanent and stationary date, but sought credit at the full overpaid amount against permanent disability indemnity. The Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision to allow credit only at the lower permanent disability indemnity rate. This denial was based on equitable principles and the fact that the applicant did not act in bad faith, preventing prejudice to the injured worker.

Petition for ReconsiderationTemporary Disability IndemnityPermanent DisabilityCreditOverpaymentLabor Code section 4909Discretionary AuthorityEquitable PrinciplesGood FaithEstoppel
References
Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
Case No. ADJ6507062
Regular
Dec 01, 2014

MARTHA CRUZ vs. J & M SALES

The Workers' Compensation Appeals Board granted reconsideration of an order assessing costs against lien claimant Dr. John Terrence and his attorney, the Gonzalez Law Firm. The Board found that proper notice of the lien conference was given, refuting their claim of non-receipt. Due to Dr. Terrence and the Gonzalez Law Firm repeatedly pursuing settled issues and failing to appear at multiple conferences, the Board issued a Notice of Intention to Impose Sanctions up to $2,500 each for bad-faith actions.

WCABPetition for ReconsiderationOrder for CostsLien ClaimantDr. John TerrenceGonzalez Law FirmSanctionsNotice of Intention to Impose SanctionsDeclaration of Readiness to ProceedStipulation and Order
References
Case No. ADJ2140586
Regular
Sep 01, 2009

ARMANDO AVILA-GONZALEZ vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board reversed a WCJ's decision to reopen a case, finding no "good cause" based on a purported change in law. The WCJ had relied on the *Vera* case to apply an older disability rating schedule, but subsequent appellate decisions created a conflict, not a definitive change, in the law. The Board determined *Vera* remained citable and that the evidence did not support reopening or a finding of permanent disability. Therefore, the applicant's petition to reopen was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenGood CauseChange in LawVera v. WCABPermanent Disability Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusMedical Reports
References
Case No. ADJ6690678
Regular
May 24, 2012

PEDRO RAMIREZ vs. PCL CONSTRUCTION, RISK ENTERPRISE MANAGEMENT

In **Ramirez v. PCL Construction**, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge, finding no basis to grant the removal. Notably, the WCAB clarified that the California Insurance Guarantee Association (CIGA) is not involved, and therefore, a reference to "other insurance" in the judge's report was disregarded. The decision effectively upholds the status quo of the case as determined by the administrative law judge.

Workers' Compensation Appeals BoardPetition for RemovalWCJ ReportDenying RemovalCalifornia Insurance Guarantee AssociationCIGAOther InsuranceAdministrative Law JudgeLabor LawIndustrial Accident
References
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