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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1973537 (SRO 0141664)
Regular
Jun 24, 2019

KENT WARD vs. TIMEC COMPANY, INC., ZURICH AMERICAN INSURANCE COMPANY

The applicant sought reconsideration of an arbitration decision that found his employer, Timec, 25% comparatively negligent for his injury, reducing Timec's credit from a third-party settlement. The applicant argued for a higher employer negligence percentage to increase his potential workers' compensation benefits. The Board denied reconsideration, adopting the Arbitrator's findings and reasoning. The Board found the applicant failed to present evidence to overcome the Arbitrator's negligence determination.

Third-party creditComparative negligenceArbitrator's findingsPetition for reconsiderationLabor Code section 3861Employer's liabilityThird-party claim valueNet settlement amountCredit against workers' compensationEmployer's breach of duty
References
Case No. ADJ8410804
Regular
Jan 10, 2017

RAMIRO GONZALEZ vs. Mc CALL'S NURSERIES, INC., HORTICA INSURANCE & EMPLOYEES BENEFITS

This case involves an applicant seeking workers' compensation after an industrial injury, who also filed a third-party civil suit. Initially, the parties stipulated there was no employer negligence, but the applicant later sought to withdraw this stipulation after discovering new evidence relevant to employer fault. The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding that the Administrative Law Judge acted within their authority to allow the issues of employer negligence and third-party credit to be added for trial, as these are intertwined and the defendant failed to show substantial prejudice from this procedural step. Removal is an extraordinary remedy, and the Board concluded that reconsideration would be an adequate remedy if the defendant ultimately prevails on these issues.

Petition for RemovalThird Party CreditEmployer NegligenceLabor Code Section 5313Labor Code Section 5702Good CauseStipulationPre-trial Conference StatementMandatory Settlement ConferenceThird Party Civil Suit
References
Case No. MON 0290566
Regular
Aug 12, 2008

MARTHA MANRIQUEZ vs. DEPARTMENT OF WATER AND POWER/DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the administrative law judge's findings that the defendant unreasonably delayed paying a stipulated award, thus incurring penalties and attorney's fees. The Board affirmed the judge's decision to limit the defendant's credit for a third-party settlement to prospective benefits due to the defendant's inaction in pursuing its credit rights after the stipulated award. Furthermore, the Board ruled that the defendant could not apply its third-party credit against the penalties and attorney's fees awarded.

Workers' Compensation Appeals BoardMartha ManriquezDepartment of Water and PowerLabor Code sections 4650(b)58145814.5Supplemental Findings and AwardPetition for Reconsiderationcumulative traumathird-party settlement
References
Case No. ADJ7741805
Regular
Sep 08, 2015

IRAIS REYES vs. ROYAL CATERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant sought to dismiss the case based on res judicata and retraxit due to a prior civil settlement, and also identified a clerical error in the third-party credit calculation. The WCJ recommended denial, asserting that employment was previously determined and the civil dismissal did not preclude the current claim. The Appeals Board granted reconsideration solely to amend the award to correct the calculation of the third-party credit, affirming the original award in all other respects. The amended credit reflects the applicant's net civil recovery less employer negligence.

AOE/COEFindings and Awardpermanent total disabilitythird party creditemployer negligenceres judicataretraxitcollateral estoppelstipulated third party creditcivil lawsuit
References
Case No. ADJ7177544
Regular
Aug 12, 2013

ADRIAN IBANEZ vs. GOLDEN DEN CORPORATION/DENNY'S; USF & G

This case involves an applicant claiming industrial injury from an assault that occurred on May 20, 2008. The initial finding determined the assault did not arise out of employment, but the Appeals Board has overturned this. The Board found the applicant was in the course of employment during a break, even if off-premises, and that the assault, having an unknown motive, arose out of employment. The matter is now remanded for further proceedings on all outstanding issues.

Workers Compensation Appeals BoardGolden Den CorporationDenny'sAdrian IbanezPetition for Reconsiderationindustrial injuryassaultarose out of employmentin the course of employmentpersonal comfort doctrine
References
Case No. ADJ4238124 (LBO 0384459)
Regular
Sep 14, 2012

LUIS ROMERO vs. CEDARS SINAI HEALTH SYSTEM

The Workers' Compensation Appeals Board affirmed a prior decision granting the defendant employer a $2,000,000 credit against future workers' compensation liability, representing the applicant's net recovery from a third-party lawsuit. The applicant's petition for reconsideration, arguing employer negligence, was denied. The Board found the applicant failed to prove employer negligence, particularly by not presenting expert evidence on the standard of care or causation. Testimony indicated the applicant was aware of and instructed to use safety equipment (outriggers) but proceeded without it, suggesting applicant's own negligence.

Third-party creditEmployer negligenceCivil lawsuit recoveryManlift operationOutriggersProximate causeStandard of careComparative negligenceWCAB reconsiderationFindings of Fact
References
Case No. ADJ10021120 ADJ8949346
Regular
Apr 14, 2017

ANTHONY BERNARD EDWARDS (Dec'd), CANDACE EDWARDS (Widow), ASHLEY EDWARDS (Daughter), ANTHONY EDWARDS, JR. (Son) vs. CITY OF LOS ANGELES; LOS ANGELES WORLD AIRPORTS, Permissibly Self-Insured

This case involves a workers' compensation death benefit claim for Anthony Bernard Edwards, who died in the course of his employment. The dependents seek death benefits and burial expenses, which were initially awarded by the WCJ. The employer, City of Los Angeles, sought reconsideration, arguing it should receive credit for a third-party settlement the dependents obtained from Kaiser Permanente. The Board agreed to reconsider the issue of credit, specifically whether Civil Code section 3333.1 bars such credit. The Board ultimately deferred the credit issue, affirming the death benefit award and returning the matter for further proceedings to determine the applicability of Civil Code section 3333.1 and potential employer negligence.

Workers' Compensation Appeals BoardADJ10021120ADJ8949346death benefitsLabor Code section 4702burial expensesCivil Code section 3333.1Medical Injury Compensation Reform ActMICRAthird-party settlement
References
Case No. ADJ302560
Regular
Jan 10, 2012

DAVID COE vs. PROFESSIONAL ASSOCIATION OF DIVING INSTRUCTORS, MISSION INSURANCE COMPANY, IN LIQUIDATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board granted reconsideration on its own motion to correct a clerical error in a prior decision regarding a Labor Code section 5710 attorney's fee. The original award of $1,903.75 was twice the applicant's attorney's requested fee of $1,093.75, which the WCJ and the Board's prior decision acknowledged. The Board corrected its decision to reflect the accurate attorney fee of $1,093.75, while reaffirming that CIGA has no liability for this fee due to a credit against the applicant's third-party recovery, which is reduced by the corrected fee amount.

Workers' Compensation Appeals BoardProfessional Association of Diving InstructorsMission Insurance CompanyCalifornia Insurance Guarantee Association (CIGA)Labor Code section 5710attorney's feeclerical errorpetition for reconsiderationthird-party recoverynet third party recovery
References
Case No. ADJ8762614
Regular
May 04, 2018

MICHAEL RUSSELL vs. INTERNATIONAL PAPER CO.

The Workers' Compensation Appeals Board granted reconsideration and deferred the issue of the third-party credit in this case. While affirming the finding of serious and willful misconduct by the employer, the Board found the original calculation of the third-party credit was unclear and did not follow established legal precedent. The case is remanded to the trial level to properly determine the third-party credit consistent with the *Martinez* decision. This will involve a detailed analysis of the fault of the employer, employee, and third party.

Petition for ReconsiderationSerious and Willful MisconductThird Party CreditMartinez v. Associated EngineeringComparative NegligenceEmployer NegligenceEmployee NegligenceApportionment of FaultPermanent DisabilityTemporary Disability
References
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