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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jun 15, 1984

Polito v. Polito

The plaintiff appealed a judgment dismissing her complaint seeking rescission of a release and reformation of a deed, alleging duress. The Supreme Court, Kings County, initially dismissed the complaint. The appellate court found ample evidence of the defendant's physical and emotional abuse, which compelled the plaintiff to sign the release, thus depriving her of free will. The court reversed the lower court's judgment, reinstated the complaint, and remitted the matter for entry of a judgment rescinding the release and reforming the deed to establish joint tenancy of the property.

DuressRescissionDeed ReformationDomestic ViolenceSpousal AbuseJoint TenancyEquitable ReliefAppellate ReviewFree WillRatification of Agreement
References
5
Case No. ADJ2569351 (LAO 00867165)
Regular
May 14, 2012

ZENAIDA SONGCO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the WCJ's rescission order was not a final order. However, the Board granted the applicant's petition for removal and rescinded the WCJ's March 5, 2012 Rescission Order. This was because the defendant's petition for reconsideration, which prompted the rescission, was untimely filed. Consequently, the WCJ lacked jurisdiction to rescind the original Stipulated Award.

Petition for ReconsiderationPetition for RemovalRescission OrderAmended Stipulated AwardHazardous Material SpecialistNeck InjurySpine InjuryShoulder InjuryRight Hip InjuryPsyche Injury
References
9
Case No. ADJ6865421
Regular
Sep 08, 2017

DAVID BERRIOS-SEGOVIA vs. EJ DISTRIBUTION CORPORATION, SOUTHERN INSURANCE COMPANY, MARKEL dba FIRST COMP, STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case returns to the Appeals Board after the Court of Appeal determined that the rescission of an insurance policy is subject to mandatory arbitration. The Court annulled the arbitrator's prior findings, ordering further proceedings to determine the legal effectiveness of the insurer's rescission. The insurer must prove the employer's misrepresentations were material and that rescission is not being used to circumvent policy approval requirements. The matter is remanded to the arbitrator for further proceedings and a new decision.

Workers' Compensation Appeals BoardRemittiturMandatory ArbitrationLabor Code Section 5275Policy RescissionMaterial MisrepresentationUninsured Employers Benefits Trust FundDepartment of InsuranceInsurance CommissionerPrior Approval
References
0
Case No. ADJ9843286
Regular
Oct 10, 2017

MARQUIS MAYFIELD vs. FEDERAL EXPRESS CORPORATION, PSI, administered by SEDGWICK CMS

In *Mayfield v. Federal Express Corporation*, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order. The WCAB rescinded an August 2, 2017 order that had commuted future weekly payments to a lump sum of $6,000. This rescission was based on the defendant's petition for reconsideration, supported by the applicant's counsel, who also requested rescission. The primary reason for rescission was that the full settlement award had already been advanced to the applicant, leaving no remaining funds for commutation.

Workers' Compensation Appeals BoardPetition for ReconsiderationCommutation OrderRescindedFederal Express CorporationSedgwick CMSPermanent Disability AwardEconomic HardshipStatement of Non-OppositionAdministrative Law Judge
References
0
Case No. MISSING
Regular Panel Decision

Claim of O'Shea v. City of Binghamton

The claimant appealed a Workers' Compensation Board decision that rescinded an award for disability due to an aggravation of pre-existing tuberculosis from November 5, 1974, to December 30, 1975, and limited partial disability awards to June 3, 1976. The claimant contended the rescission was contradictory and medical evidence showed continuing disability. The court found that the board's rescission of benefits for the period of November 5, 1974, to December 30, 1975, was arbitrary and lacked substantial evidence, especially given medical reports and employer concessions regarding partial disability during that time. Consequently, the decision was modified by reversing the rescission of the referee’s award for that period and remitting the matter to the Board for further proceedings.

Tuberculosis AggravationSmoke InhalationTemporary Total DisabilityPartial DisabilityCausal RelationMedical EvidenceArbitrary and CapriciousSubstantial EvidenceRemittalWorkers' Compensation Appeal
References
0
Case No. 6:09-CV-853
Regular Panel Decision

Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co.

This case details a dispute between Utica Mutual Insurance Company (Utica) and Fireman’s Fund Insurance Company (FFIC) concerning reinsurance contracts, with Utica seeking substantial damages for alleged breach of contract and bad faith. FFIC counterclaimed for rescission of the reinsurance agreements. A central contention revolves around whether Utica's primary liability policies issued to Goulds from 1966-1972 contained aggregate limits for bodily injury, a condition critical to triggering FFIC's reinsurance obligations. The court dismissed Utica's bad faith claim (Count II) and its request for declaratory relief (Count III) but denied all other motions for summary judgment by both parties, including those regarding the 'follow the settlement' doctrine, FFIC's rescission counterclaim, and the timeliness of notice. Consequently, the core breach of contract claim (Count I) and FFIC's counterclaims for rescission are slated to proceed to trial.

Reinsurance DisputeBreach of ContractSummary JudgmentFollow the Settlement DoctrineAggregate LimitsBad Faith ClaimRescissionNotice of ClaimInsurance LawAsbestos Claims
References
56
Case No. ADJ4157066
Regular
Aug 13, 2023

PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed SCIF's petition for removal because the June 6, 2013 order was not a final order. A prior order dated April 25, 2013, dismissing lien claims, was labeled "proposed" and remained ambiguous. The WCJ's subsequent rescission of that order was permissible as it was merely a notice of a future final order. As SCIF was not aggrieved by the rescission of a non-final order, their petition was dismissed.

Petition for RemovalOrder RescindingProposed FindingsLien ClaimsLien Activation FeeLabor Code Section 4903.06WCJ JurisdictionFinal OrderAggrieved PartyWorkers' Compensation Appeals Board
References
0
Case No. ADJ7883922
Regular
Sep 14, 2012

MOISES HERNANDEZ LOPEZ vs. RAVA RANCHES, INC., CALIFORNIA AGRICULTURAL NETWORK SELFINSURED GROUP, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

This case involves a dispute over a lien filed by a chiropractic provider for treatment rendered to an injured worker. The trial judge rescinded a submission order, finding a lack of substantial evidence for the lien. The Appeals Board granted the defendant's petition for removal, finding that the rescission order was premature. The Board rescinded the rescission order and returned the matter for a decision on the merits of the lien claim and any related MPN notice issues.

Petition for RemovalOrder Rescinding SubmissionLien ClaimantBurden of ProofSubstantial EvidenceReasonably Required TreatmentMedical Provider NetworkMPN NoticesCompromise and ReleaseWorkers' Compensation Appeals Board
References
0
Case No. ADJ3839297 (GOL 00100930)
Regular
May 31, 2009

Edith Barrett vs. PACIFICA GRADUATE INSTITUTE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board denied defendant's petition for removal, finding it premature. The defendant sought to reinstate an earlier decision denying permanent disability benefits, arguing the WCJ's subsequent rescission of that order would cause irreparable harm through increased litigation costs. However, the WCJ's rescission was a proper procedural step following the applicant's petition for reconsideration, and the case was subsequently resubmitted. Therefore, removal was inappropriate as the defendant's alleged harm was speculative and not yet realized.

Petition for removalRescission of orderFindings and awardPermanent disabilityFurther discoveryIrreparable harmLitigation expensesWCJ report and recommendationTrial briefDue process
References
2
Case No. ADJ8278101 ADJ8278102 ADJ10320660
Regular
Jan 30, 2017

JESUS GUZMAN vs. ABBOT’S PIZZA, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST, SECURITY NATIONAL INSURANCE COMPANY

This case involves multiple petitions stemming from an administrative law judge's rescission of a previously approved Compromise and Release. The Appeals Board dismissed Security National's petitions as they were not a party to the original agreement and dismissed Employers Comp's petition due to withdrawal. Insurance Company of the West's reconsideration petition was dismissed as interlocutory, but its removal petition was granted to address due process concerns. The Board amended the rescission order to require a hearing on whether the original settlement should be rescinded, returning the case to the WCJ for further proceedings.

Compromise and ReleaseOrder ApprovingOrder RescindingPetition for ReconsiderationPetition for RemovalSupplemental PleadingSanctionsAggrieved PartyFinal DecisionInterlocutory Order
References
10
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