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Case Law Database

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

Case No. ADJ8655768
Regular
Mar 25, 2019

CHAD PLUMMER vs. INDIANAPOLIS COLTS, CINCINNATI BENGALS, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the underlying order was an interim procedural decision, not a final determination of rights or liabilities. The WCAB also denied the Petition for Removal, finding no substantial prejudice or irreparable harm that reconsideration would not adequately remedy. The Board agreed with the Administrative Law Judge that a hearing on the issue of dismissal/rejoinder was appropriate. Therefore, both petitions were dismissed and denied.

WCABPetition for ReconsiderationPetition for Removalfinal ordersubstantive rightliabilitythreshold issueinterlocutory orderprocedural decisionrescinding order
References
6
Case No. ADJ8159444
Regular
Jul 30, 2018

BRANDON NOBLE vs. WASHINGTON REDSKINS, DALLAS COWBOYS, SAN FRANCISCO 49ERS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, ESIS, INC., FAIRMONT INSURANCE COMPANY, ZENITH INSURANCE COMPANY, NATIONAL UNION AND FIRE INSURANCE, GALLAGHER BASSETT SERVICES SERVICES, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's contention that the Washington Redskins should not have been dismissed from the case. Although the applicant initially sought and obtained a dismissal of the Redskins with prejudice, they were later rejoined to the case by the judge. The WCAB found that the Redskins waived their objection to this rejoinder by failing to raise it promptly. Consequently, the WCAB rescinded the previous findings and returned the case for further proceedings, leaving the substantive issues regarding liability and arbitration unresolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCumulative Trauma InjuryDismissal with PrejudiceRejoining PartyWaiver of ObjectionRes JudicataSubject Matter Jurisdiction
References
0
Case No. ADJ17257403
Regular
Aug 12, 2025

Dany aka Daniel Mendez Castillo vs. Better Nutritionals, LLC; Technology Insurance Company, Inc.

The Workers' Compensation Appeals Board addressed a Petition for Reconsideration filed by State National Insurance Company (SNIC) against an Order of Joinder. SNIC argued that its previous dismissal, albeit without prejudice, should bar rejoinder based on res judicata or collateral estoppel. The Board found significant due process violations, including defective notice and service, in the process of rejoining SNIC as a party defendant. Consequently, the Appeals Board granted the petition, rescinded both the May 21, 2025 Order of Joinder and the March 13, 2024 Order Dismissing Party Defendants, and returned the case to the trial level for further proceedings consistent with due process requirements.

Petition for ReconsiderationOrder of JoinderCollateral EstoppelRes JudicataProfessional Employer OrganizationInsurer LiabilityStipulationWithout PrejudiceDue ProcessFair Hearing
References
20
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