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

Case No. ADJ7167413; ADJ7167333
Regular
Aug 04, 2016

ROSA LOPEZ vs. SUPERIOR CENTER CONCEPTS, INC., CARE WEST, PEGASUS RISK MANAGEMENT, PATRIOT RISK SERVICES FOR CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves Rosa Lopez seeking workers' compensation benefits for injuries sustained across multiple dates. The California Insurance Guarantee Association (CIGA) was initially involved, but following a Court of Appeal remittitur, the Workers' Compensation Appeals Board rescinded its prior decision. The Board now finds that CIGA is not liable for outstanding lien claims and orders CIGA dismissed as a party defendant in these consolidated cases.

Workers Compensation Appeals BoardRemittiturCalifornia Insurance Guarantee AssociationCIGAOther InsuranceLien ClaimsPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeWCJ
References
0
Case No. ADJ8710988
Regular
Jan 23, 2015

POPE POWELL vs. CITY AND COUNTY OF SAN FRANCISCO

This Workers' Compensation Appeals Board decision, following a Court of Appeal remittitur, mandates a redetermination of the applicant's permanent disability rating. The Court clarified that the appropriate occupational group must be based on the physical activities of the employee's job duties, not solely on job title. Consequently, the Board reinstated its prior decision but amended Finding 5 to defer issues of occupational group and permanent disability. The case is returned to the WCJ for further proceedings to establish the correct occupational group and permanent disability.

RemittiturOccupational groupPermanent disabilityPhysical activitiesWCJPQME reportCourt of AppealReconsiderationAnnulledRemand
References
0
Case No. ADJ1371452 (FRE 0216183)
Regular
Jan 05, 2012

PATRICK O'BRIEN vs. COUNTY OF FRESNO/SHERIFF'S DEPARTMENT, YORK INSURANCE SERVICES

This case returns to the WCAB following a court remittitur, directing reconsideration based on the *Baker* decision. The *Baker* ruling clarified that Cost of Living Adjustments (COLAs) under Labor Code section 4659(c) are applied prospectively from the January 1st following entitlement. For this applicant's total permanent disability, permanent and stationary status and benefit commencement were April 26, 2008, entitling them to the COLA from January 1, 2009. Consequently, the WCAB granted reconsideration, affirmed the original award except for substituted findings regarding the COLA start date, and deferred the attorney's fees issue for trial level determination.

RemittiturBaker v. Workers' Comp. Appeals Bd.Labor Code section 4659(c)COLAPermanent and Stationary DateTotal Permanent DisabilityLife PensionState Average Weekly WageAttorney's FeesJurisdiction Reserved
References
1
Case No. TI11710087
Regular
Nov 20, 2018

Theodore Davis vs. CITY OF MODESTO, YORK INSURANCE SERVICES, GROUP, INC.

This case involves applicant Theodore Davis's prostate cancer claim against the City of Modesto. The core dispute centers on the admissibility and review of a medical report by Dr. Besses. The Appeals Board initially denied review of Dr. Besses' report but, following a court of appeal remittitur, is now granting removal. The matter is returned to the trial level for the WCJ to re-evaluate the admissibility of Dr. Besses' report under Labor Code section 4605 and related rules, and whether it can be provided to the QME. This decision clarifies that while QME evaluations are required for compensability disputes, privately obtained medical reports may still be admissible.

RemittiturPetition for RemovalPetition for ReconsiderationQualified Medical EvaluatorLabor Code Section 4060Labor Code Section 4605Admissibility of Medical ReportsEx Parte CommunicationCumulative TraumaSpecific Injury
References
9
Case No. AHM 70712
En Banc
Jul 27, 2004

Jeannie Karaiskos vs. Metagenics, Inc., California Compensation Insurance Co., In Liquidation, California Insurance Guarantee Association, Risk Enterprise Management Ltd. (Servicing Facility)

The Appeals Board, following a remittitur from the Court of Appeal, rescinded a prior decision and affirmed that the California Insurance Guarantee Association (CIGA) is not obligated to pay a lien from the Employment Development Department (EDD) because it is not a 'covered claim'.

Workers' Compensation Appeals BoardRemittiturEmployment Development DepartmentEDD lienCalifornia Insurance Guarantee AssociationCIGAcovered claimInsurance CodeCourt of AppealWCJ
References
1
Case No. AHM 70712
Significant

Jeannie Karaiskos vs. Metagenics, Inc., California Compensation Insurance Co., In Liquidation, California Insurance Guarantee Association, and Risk Enterprise Management Ltd. (Servicing Facility)

The Appeals Board, following a remittitur from the Court of Appeal, rescinds its 2002 decision and reinstates its 2001 decision, affirming that the California Insurance Guarantee Association (CIGA) is not obligated to pay the lien claim of the Employment Development Department (EDD).

RemittiturEn BancEmployment Development DepartmentEDD lienCalifornia Insurance Guarantee AssociationCIGAcovered claimState of Californiarescindedreinstated
References
2
Case No. POM 248928
Significant
May 12, 2006

Mark Miceli, Plaintiff vs Jacuzzi, Inc.; RemedyTemp, Inc.; American Home Assurance Co.; California Insurance Guarantee Association for Reliance National Indemnity Co., In Liquidation

The Appeals Board, following a remittitur, determined that a special employer's insurance policy is not 'other insurance' under Insurance Code section 1063.1(c)(9). As a result, the California Insurance Guarantee Association (CIGA) was denied dismissal from the case involving the general employer's insolvent insurer.

RemittiturEn BancDecertified OpinionInsurance Code section 1063.1(c)(9)Other InsuranceCalifornia Insurance Guarantee Association (CIGA)Reliance National Indemnity Co.LiquidationRemedyTempInc.
References
5
Case No. POM 248928
Regular
May 12, 2006

MARK MICELI vs. JACUZZI, INC., REMEDYTEMP, INC., AMERICAN HOME ASSURANCE CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY CO., In Liquidation

The Court of Appeal reversed the Appeals Board's prior decision, finding that the special employer's insurance (American Home Assurance Co.) was not "other insurance" available to the applicant. This ruling invalidated the previous dismissal of CIGA and dictated that the case be returned for further proceedings. The Appeals Board, following this remittitur, rescinded the prior consolidation and stay order, denying RemedyTemp's request for dismissal and CIGA/RemedyTemp's request for a new consolidation. Assurance's petition for appeal costs was also dismissed as it was filed with the wrong entity.

CIGARemedyTempJacuzziAmerican Home Assurance Co.Reliance National Indemnity Co.special employergeneral employerother insuranceInsurance Code section 1063.1(c)(9)remittitur
References
14
Case No. MISSING
Regular Panel Decision

Spielberg v. American Airlines, Inc.

Plaintiffs secured a $2,225,000 verdict against American Airlines, Inc., for emotional distress caused by severe airplane turbulence. Defendants subsequently filed a motion for a new trial or remittitur. The court, applying New York's 'deviates materially' standard for remittitur in diversity cases, upheld the $150,000 awards for past emotional distress for most plaintiffs, finding them consistent with comparable New York verdicts. However, the court granted remittitur for plaintiff Melissa Katz's $150,000 award, concluding that the lay testimony from her mother lacked sufficient evidentiary basis to support emotional damages for the two-year-old child.

emotional distressremittiturairplane turbulencejury verdictNew York lawdamagespast emotional distressfuture emotional distresssufficiency of evidenceminor plaintiff
References
8
Case No. MISSING
Regular Panel Decision
Oct 24, 2014

Guzman v. Jay

Plaintiff Noel Jackson Guzman filed a Section 1983 action against New York City Police Officer Brian Jay, alleging false arrest and excessive force stemming from a 2009 incident. A jury trial resulted in a verdict for Guzman, awarding him significant compensatory and punitive damages for false arrest and excessive force. Officer Jay subsequently moved for a new trial, remittitur, and judgment as a matter of law. The court denied motions for a new trial and remittitur, but granted judgment as a matter of law on the false arrest claim due to qualified immunity. This decision was based on the jury's finding that Officer Jay reasonably, though possibly mistakenly, believed Guzman was fighting at the time of arrest.

False ArrestExcessive Force42 U.S.C. § 1983Qualified ImmunityJury VerdictRemittiturNew Trial MotionJudgment as a Matter of LawPolice MisconductPersonal Injury
References
43
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