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Case Law Database

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

Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. ADJ11131264
Regular
Mar 12, 2018

JAMES MCEWAN vs. ONTARIO REIGN, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC.

This case concerns a defendant's petition for removal of an order denying a change of venue. The defendant sought to move the case from Oxnard to Riverside, citing proximity to the alleged injury site and witness travel distances. The Appeals Board denied removal, finding the defendant failed to establish substantial prejudice or irreparable harm and did not adequately support its venue arguments under Labor Code section 5501.5(c). The Board noted that the defendant could refile a petition with sufficient witness information to support a claim of good cause under Labor Code section 5501.6(a).

Petition for RemovalChange of VenueWCABLabor Code Section 5501.5Good CauseCumulative TraumaHockey PlayerOntario ReignGallagher BassettRiverside District Office
References
2
Case No. ADJ12088438
Regular
Dec 03, 2019

Sherice Bellamy vs. Ventura County Community College, Keen & Associates

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding the prior order denying a change of venue. The Board found that the presiding judge incorrectly applied Labor Code section 5501.5 and that Labor Code section 5501.6, which governs petitions for change of venue, was the relevant statute. Consequently, the case was returned to the presiding judge to address the applicant's petition for change of venue under the proper legal framework. A dissenting opinion argued against removal, stating the applicant did not demonstrate good cause or irreparable harm, and could refile a properly supported venue change petition.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueLabor Code Section 5501.5Labor Code Section 5501.6Principal Place of BusinessGood CauseSubstantial PrejudiceIrreparable HarmDissenting Opinion
References
2
Case No. ADJ10553459
Regular
Feb 23, 2018

JAMES CRAIG SILLERS vs. CITY OF PLEASANT HILL, MUNICIPAL POOLING AUTHORITY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the administrative law judge's award of 47% permanent disability benefits to applicant James Sillers. The central dispute concerned whether Sillers was entitled to the maximum disability indemnity rate under Labor Code section 4458.5. The Board majority held that Sillers, a retired police officer with orthopedic injuries, qualified for the maximum rate, interpreting section 4458.5 to apply to any public safety member injured within the timeframes specified in listed presumption statutes, not solely to injuries covered by those specific presumptions. A dissenting opinion argued that only injuries falling under the explicitly enumerated presumptions in section 4458.5 qualified for the maximum rate, citing precedent that non-listed presumptions, like cancer under section 3212.1, did not grant this benefit.

Workers' Compensation Appeals BoardCity of Pleasant HillMunicipal Pooling AuthorityCumulative Trauma InjuryCervical SpineLumbar SpineBilateral Cubital TunnelsPolice OfficerStatute of LimitationsLabor Code Section 4458.5
References
4
Case No. ADJ11035614
Regular
Feb 07, 2020

EDELIA CARDONA vs. VALJEN, INC. DBA CAESARS PIZZA, STATE FARM CALIFORNIA WORKERS' COMPENSATION

In this case, the applicant sought reconsideration after the WCJ denied attorney's fees under Labor Code Section 5814.5. The applicant's attorney incurred fees attempting to collect a previously awarded attorney's fee that the defendant unreasonably delayed paying. The Appeals Board rescinded the prior decision, finding Section 5814.5 applicable in this scenario, as established by precedent in *Turner*. The matter was returned to the trial level to further develop the record on sanctions under Sections 5813, 5814, and 5814.5.

Labor Code sections 581358145814.5attorney's feesunreasonable delaybad faithstipulated attorney's feePetition for ReconsiderationReport and Recommendationcase of first impression
References
7
Case No. MISSING
Regular Panel Decision

Desser v. Ashton

This opinion addresses the sufficiency of an oral contract to satisfy the "purchaser-seller" requirement in a private action under Section 10(b) of the 1934 Exchange Act and Rule 10b-5, where no actual purchase or sale of securities occurred. The court considers whether such an oral agreement, even if potentially unenforceable under the statute of frauds, can support a federal securities claim. Reviewing existing jurisprudence, the court emphasizes a liberal and flexible construction of anti-fraud provisions to protect investors. It concludes that an action under Rule 10b-5 is not deficient merely because the contract relied upon is oral rather than written. Consequently, the defendants' motions for summary judgment are denied, and the case is set to proceed to trial, affirming the court's jurisdiction over the matter.

Securities fraudOral contractsRule 10b-5Purchaser-seller requirementStatute of fraudsPendent jurisdictionSummary judgmentFederal court jurisdictionExchange Act of 1934Investor protection
References
18
Case No. ADJ9314776
Regular
May 16, 2018

Ken Sutton vs. San Jose Sharks, Federal Insurance Company

This case involves a professional hockey player's cumulative trauma claim against the San Jose Sharks. The employer sought exemption from California workers' compensation jurisdiction under Labor Code section 3600.5(d), arguing the player's last employer, the Ingolstadt Panthers, was exempt. The Workers' Compensation Appeals Board (WCAB) rescinded the prior finding, ruling that the Ingolstadt Panthers were not exempt under section 3600.5(c) as the player did not work temporarily in California for them. Consequently, the claim is not exempt under section 3600.5(d), and the WCAB retains jurisdiction.

Workers' Compensation Appeals BoardSan Jose SharksFederal Insurance Companycumulative trauma claimLabor Code section 3600.5(d)professional athleteIngolstadt Pantherssubject matter jurisdictionvocational rehabilitationduty days
References
9
Case No. ADJ9532869; ADJ9532720
Regular
Feb 15, 2019

JORGE AGUILAR vs. ALTMAN SPECIALTY PLANTS, TRAVELERS INSURANCE COMPANY

The WCAB granted the defendant's Petition for Removal and rescinded a prior order that had vacated a venue transfer. The Board found that the original judge who approved stipulations should retain jurisdiction for subsequent proceedings, consistent with Labor Code section 5700 and WCAB Rule 10346. Venue for both cases was transferred to the Los Angeles District Office, the applicant's attorney's principal place of business, also supporting jurisdiction under Labor Code section 5501.5. The WCAB noted that procedural irregularities justified setting aside the parties' stipulation regarding Riverside venue.

Petition for RemovalOrder RescindingOrder Transferring VenueWCABWCJVenue TransferLabor Code 5700WCAB Rule 10346Stipulations with Request for AwardMutual Mistake of Fact
References
5
Case No. MISSING
Regular Panel Decision

Pedroli Ex Rel. Microtune, Inc. v. Bartek

Peter Pedroli initiated a shareholder derivative suit against twenty-seven current and former officers and directors of Microtune, alleging the backdating of stock options since 1999 to secure lower exercise prices, violating Microtune’s stock option plans. The complaint asserted violations of the Sarbanes-Oxley Act, Section 14(a) and Section 10(b) of the Securities Exchange Act, and Rule 10(b)(5). Defendants filed motions to dismiss for failure to state a claim. The court dismissed all Sarbanes-Oxley Act claims with prejudice, concluding the Act does not create a private cause of action. Various Section 14(a) claims were dismissed with prejudice due to being time-barred, and others without prejudice for insufficient pleading. Similarly, Section 10(b)(5) claims were dismissed with and without prejudice, citing issues with particularity in pleading scienter and loss causation. The court also declined supplemental jurisdiction over state law claims, dismissing them without prejudice, and granted the plaintiff 60 days to file an amended complaint for claims dismissed without prejudice.

Shareholder Derivative SuitStock Options BackdatingSecurities FraudSarbanes-Oxley ActSecurities Exchange ActMotion to DismissPleading StandardsScienterLoss CausationDemand Futility
References
52
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
1
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