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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7256933
Regular
Mar 07, 2014

BRITTANY MILLER vs. CIMMS, INC. dba BURGER KING

This case involves a Petition for Reconsideration filed by the applicant in a workers' compensation matter before the WCAB. The Board reviewed the petition and the administrative law judge's report, ultimately adopting the judge's recommendation. Consequently, the Board dismissed the Petition for Reconsideration. Defense counsel also received a admonishment for violating WCAB Rule 10842(c) by attaching excessive documents to their answer.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationReport and Recommendationadministrative law judgedismiss the petitionDefense counseladmonishedexcess documentsWCAB Rule 10842(c)Cal. Code Regs.
References
Case No. ADJ7509509
Regular
Oct 08, 2016

Tuong Vy Nguyen vs. MAXIM INTEGRATED PRODUCTS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Tuong Vy Nguyen's Petition for Reconsideration. The dismissal was primarily based on the applicant's failure to comply with WCAB rules requiring specific references to the record and legal principles. Furthermore, the WCAB noted that even if the petition were procedurally sound, the medical evidence did not support an industrial injury for the claimed period. The Board also cited the improper attachment of exhibits to the petition as a violation of procedural rules.

WCABPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeWCJIn Pro PerLab. Code § 5902Cal. Code Regs.tit. 8§ 10846
References
Case No. ADJ7671197, ADJ7148461
Regular
Jan 30, 2017

RICO LAZZERESCHI vs. WASTE MANAGEMENT OF ALAMEDA COUNTY, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involves petitions for reconsideration filed by both the applicant and defendant concerning a November 9, 2016, Findings and Award related to industrial injuries sustained in 2009 and 2010. The Appeals Board dismissed both petitions as skeletal, finding they failed to meet procedural requirements for specificity and record citation. However, the Board granted removal on its own motion to transfer venue for one of the cases to the San Francisco District Office, agreeing with the WCJ's findings on the merits.

Workers' Compensation Appeals BoardFindings and Awardindustrial injurypermanent disabilitySupplemental Job Displacement VoucherPetition for Reconsiderationskeletal petitionremovalvenue transferWCJ Report
References
Case No. ADJ10175718
Regular
Nov 13, 2018

MARJORIE MARLOW vs. AT&T

The Workers' Compensation Appeals Board dismissed AT&T's Petition for Reconsideration because it was a "skeletal" filing. The petition failed to specifically detail the grounds for reconsideration, cite relevant evidence from the record, or explain how the findings were unsupported. The Board emphasized that petitions must comply with Labor Code section 5902 and Appeals Board Rules 10842, 10846, and 10852. Without these specific details, a petition is subject to dismissal.

Petition for ReconsiderationSkeletal PetitionLabor Code § 5902Appeals Board RulesRule 10842Rule 10846Rule 10852Specific References to RecordGrounds for ReconsiderationMaterial Evidence
References
Case No. ADJ8972463
Regular

## ANDREW SULEMAN, vs. ## NEWPORT-MESA UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN & ASSOCIATES,

This Workers' Compensation Appeals Board (WCAB) order denies Andrew Suleman's Petition for Removal. The Board adopted the administrative law judge's report, finding the petition failed to fairly state all material evidence. Suleman is cautioned to comply with WCAB Rule 10842(a) and Rules of Professional Conduct 5-200(A) and (B) regarding truthful and non-misleading submissions. The petition was denied for these reasons.

Petition for RemovalWCABWorkers' Compensation Appeals BoardSelf-insuredKeenan & AssociatesAdministrative Law JudgePetition for ReconsiderationRule 10842(a)Rules of Professional Conduct 5-200Material Evidence
References
Case No. ADJ747812 (LAO 0828642)
Regular
Apr 25, 2013

BENITO ALVARADO vs. GROSS EGG RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration in the case of Benito Alvarado v. Gross Egg Ranch and State Compensation Insurance Fund. The WCAB found the petition to be untimely and also subject to denial for failing to fairly state material evidence as required by WCAB Rule 10842(a). Specifically, the lien claimant's assertion that the case was never on calendar was contradicted by the electronic record. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimelyWCAB 10842(a)Material EvidenceFair StatementEAMSEvents RecordCommunications RecordLien ClaimantDismissed
References
Case No. ADJ10285745
Regular
Jun 17, 2019

MELINDA SANCHEZ vs. MERITAGE HEALTHCARE, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Melinda Sanchez's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which mandate specific details on grounds for reconsideration and evidence relied upon. Specifically, the petition did not clearly state the grounds for reconsideration or cite the record with specificity. Consequently, the WCAB found the petition subject to dismissal and would have denied it on the merits had it not been procedurally deficient.

Petition for ReconsiderationSkeletal PetitionLabor Code Section 5902Appeals Board RulesRule 10842Rule 10846Rule 10852SpecificityRecord ReferencesLegal Principles
References
Case No. ADJ292306 (SJO 0140094) ADJ1470334 (SFO 0139424) ADJ7101503
Regular
Feb 10, 2011

DONALD DAVIS vs. ALMADEN MAZDA, TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, LIMITED

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Donald Davis. This denial was based on the WCJ's report, which the Board adopted. The defendant's counsel was admonished for violating WCAB Rule 10842 by inappropriately attaching previously admitted exhibits to the petition. Further violations of this rule may result in sanctions.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONWCJ reportWCAB Rule 10842recycled exhibitsadmonishedLab. Code § 5813sanctionsALMADEN MAZDATIG SPECIALTY INSURANCE COMPANY
References
Case No. ADJ8129979
Regular
Sep 28, 2012

DONALD DALBY vs. SIERRA PACIFIC INDUSTRIES

The Workers' Compensation Appeals Board (WCAB) dismissed Sierra Pacific Industries' Petition for Removal. The dismissal was based on the petition containing numerous documents attached in violation of WCAB Rule 10842, which prohibits such attachments. The WCAB adopted the administrative law judge's report and admonished the defendant to follow Board Rules in the future.

Petition for RemovalWCAB Rule 10842DismissalSelf-InsuredAdministrative Law Judge ReportViolation of RulesDiscarded DocumentsAdmonishmentOfficial Address RecordHanna Brophy
References
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