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Case Law Database

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

Case No. ADJ7249250
Regular
Jun 23, 2011

GUADALUPE MEDINA vs. CLOUGHERTY PACKING dba FARMERS JOHN

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to allow them to file a supplemental pleading. This supplemental filing is permitted under California Code of Regulations, Title 8, Section 10848. The defendant must file this pleading within 10 days. The Board granted reconsideration specifically to review the facts and law relevant to the supplemental petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionCalifornia Code of Regulations Title 8 Section 10848WCJPermissibly Self-InsuredClougherty PackingFarmers JohnGuadalupe MedinaJames Scherer
References
0
Case No. ADJ3545114 [AHM 0129611]
Regular
Aug 29, 2008

CRYSTEL MARTINEZ vs. KAISER PERMANENTE; Permissibly Self-Insured

The Petition for Reconsideration is denied based on review of the record and the WCJ's report. The supplemental pleadings filed by the petitioner are noted as being in violation of WCAB Rule 10848.

Workers' Compensation Appeals BoardKaiser PermanentePermissibly Self-InsuredPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOrder Denying ReconsiderationLatex AllergiesMedical AssistantContinuous TraumaPre-existing Latex Allergy
References
7
Case No. ADJ6767164
Regular
Oct 27, 2010

JOSE ESPINO vs. T&O MASONRY, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Espino's Petition for Reconsideration in Case No. ADJ6767164. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's (WCJ) Report and Recommendation. Additionally, the petitioner was admonished for violating WCAB Rule 10848 by submitting an unauthorized reply.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissed PetitionWCAB Rule 10848Reply to AnswerAdministrative Law JudgeJose EspinoT&O MasonryInc.
References
0
Case No. ADJ7904718
Regular
Oct 18, 2012

JESSICA FRANK vs. SPRING HILL MANOR CONVALESCENT HOSPITAL, CARE WEST INSURANCE COMPANY

This case involves Jessica Frank's petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) has dismissed. The primary reason for dismissal is that the petition was not verified as required by Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on the merits, adopting the reasoning of the administrative law judge. The applicant's reply to the answer was also rejected for violating WCAB Rule 10848.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedWCJ Report and RecommendationSupplemental PleadingWCAB Rule 10848Cal. Code Regs.tit. 8§ 10848
References
2
Case No. ADJ151433 (MON0359864) ADJ3286458 (MON0338910)
Regular
Jan 06, 2011

SHERRIE GRACE vs. UHS/CORONA REGIONAL MEDICAL CENTER, EAST AMERICAN INSURANCE COMPANY ADMINISTERED BY SEDGWICK CMS

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The Board adopted the Workers' Compensation Judge's report, finding no grounds for removal at this stage. Defendants are permitted to raise these issues and present evidence at trial. The Board also noted the defendant's violation of WCAB Rule 10848 by submitting a response to the applicant's answer, warning of future sanctions for such violations.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdeny removaltrialWCAB Rule 10848sanctionsadministrative law judgedenialcase number
References
0
Case No. ADJ7754584
Regular
Jul 08, 2014

LORENA ESTRADA vs. IDS USA WEST INC.; MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA, administered by MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Lorena Estrada's petition for reconsideration and denying her request for removal. The Board adopted the reasoning presented in the administrative law judge's report and recommendation. Specifically, the WCAB declined to accept the applicant's supplemental petition for reconsideration under California Code of Regulations, title 8, section 10848. Therefore, both the reconsideration and removal were denied.

WCAABReconsiderationRemovalPetitionDismissedDeniedSupplemental PetitionAdministrative Law JudgeReport and RecommendationCalifornia Code of Regulations
References
0
Case No. ADJ11522220
Regular
Apr 15, 2019

JAMES ISOM vs. SMITHAVEN HOMES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed James Isom's Petition for Reconsideration because it was not filed from a "final" order, but rather from an interlocutory procedural decision. The Board also denied Isom's Petition for Removal, finding no showing of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The Board noted that Isom's supplemental pleading was accepted under rule 10848, but warned of future compliance issues. This decision confirms that appeals must stem from final determinations of substantive rights or threshold issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory Procedural DecisionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
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