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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. ADJ9074637
Regular
Dec 03, 2018

ANA RAMOS vs. TRI-STATE EMPLOYMENT SERVICES/ DIAMOND STAFFING; LUMBERMEN'S UNDERWRITING ALLIANCE, in liquidation, administered by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board denied the Petition for Removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm that reconsideration would not adequately address. Additionally, the lien claimant violated WCAB rules by including impermissible attachments to their petition. One attachment documented prohibited ex parte communications with the judge. The lien claimant was admonished to follow Appeals Board rules to avoid potential sanctions.

Petition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationEx Parte CommunicationLien ClaimantWCAB Rule 10842WCAB Rule 10324(c)SanctionsLabor Code Section 5813
References
Case No. SFO 0492831
Regular
Jan 23, 2008

ELIAS MONTOYA vs. ASTON BARNES, INC., STATE COMPENSATION INSURANCE FUND

The Board granted reconsideration to clarify the application of Labor Code section 4656 regarding temporary disability indemnity limits. The Board held that "new and further" disability does not extend the 104-week limit under section 4656(c)(1), nor do spinal disc excisions and bone grafts qualify as "amputations" under section 4656(c)(2)(C). Consequently, the applicant is entitled to temporary disability indemnity only up to two years from the date of the first payment.

Workers' Compensation Appeals BoardElias MontoyaAston Barnes Inc.State Compensation Insurance FundSFO 0492831Opinion and Decision After ReconsiderationTemporary Disability IndemnityIndustrial InjuryThoracic SpineChest Injury
References
Case No. ADJ7352698
Regular
Mar 20, 2012

Jessica Sanchez vs. Nordstrom Rack

This case involves sanctions imposed on applicant's counsel, Russell L. Glauber and the Law Offices of Glauber and Berenson, for submitting a petition with an already existing exhibit. The Appeals Board found this action violated Rule 10842(c) and rejected the claim of clerical error as an excuse for the duplicative filing. Consequently, counsel was ordered to pay a $250.00 sanction for bad faith actions and tactics.

Workers' Compensation Appeals BoardRemovalSanctionsRussell L. GlauberLaw Offices of Glauber and BerensonLab. Code§ 5813Rule 10842(c)Clerical ErrorBad Faith
References
Case No. ADJ6446674
Regular
Oct 11, 2011

DAVID HERNANDEZ vs. RUSSELL FISHER PARTNERSHIPS, ICW GROUP/EXPLORER INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the original finding that he did not sustain an industrial injury. The Board also granted removal on its own motion and intends to sanction the applicant's counsel for submitting a petition with handwritten annotations to an already admitted document, violating procedural rules. This constitutes a violation of Rule 10842(c), warranting sanctions unless good cause is shown within 15 days.

Industrial injurySite managerPetition for reconsiderationFindings of Fact and OrderCredibility assessmentWitness credibilityTake nothing orderSanctionsAppeals Board motionLabor Code § 5813
References
Case No. SDO 0354449
Regular
Sep 20, 2007

ADAM PERRY vs. HAMMOND \& MASING CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a prior award denying additional temporary disability payments beyond the statutory 104-week limit. The applicant sought to extend payments based on his knee surgeries, arguing they constituted "amputations" under Labor Code section 4656(c)(2)(C). The Board held that the term "amputation" in this context refers to the severance of external body parts, not the surgical removal of internal knee fragments or cartilage.

Workers' Compensation Appeals BoardIndustrial InjuryPsyche InjuryTemporary Total DisabilityLabor Code Section 4656(c)(1)Labor Code Section 4656(c)(2)(C)AmputationsOsteochondral FragmentChondroplastyACL Reconstruction
References
Case No. ADJ8030860, ADJ8179533, ADJ8179544
Regular
Aug 02, 2017

MOEGAGOGO TAMASESE vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUVENILE PROBATION DEPARTMENT, INTERCARE

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration. The denial was based on the WCAB adopting the reasoning of the workers' compensation administrative law judge (WCJ). Specifically, the Defendant violated WCAB Rule 10842(c) by attaching an Exhibit List to their petition, which contained documents already in evidence. The Board also noted this likely was an attempt to circumvent page limits and admonished the Defendant for non-compliance.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(c)Exhibit Listpage limitsLabor Code § 5813Cal. Code Regs.tit. 8§ 10561
References
Case No. ADJ1227182
Regular
Jul 27, 2010

DANIEL MAYO vs. WAL-MART STORES, INC., AMERICAN HOME ASSURANCE

The defendant, Wal-Mart Stores, Inc., filed an unverified petition for removal, seeking to have a different judge preside over the trial due to a prior settlement conference. The Appeals Board dismissed the petition because it was not verified, as required by WCAB Rule 10843(b). Even if considered on its merits, the petition would have been denied based on the WCJ's report. The defendant was also admonished for submitting documents already in the file, violating WCAB Rule 10842(c).

Petition for RemovalUnverified PetitionWCAB Rule 10843(b)Verification RequirementSettlement ConferenceTrial JudgeConflicting RoleTrier of FactObjective Decision-MakingWCAB Rule 10842(c)
References
Case No. SAC 0284418
Regular
Apr 04, 2008

AARON CARTER vs. POLYMER TECHNOLOGIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that the California Insurance Guarantee Association (CIGA) is contractually obligated to pay U.C. Davis Medical Center's bill based on a prior compromise and release agreement. The Board rescinded the prior decision, ruling that CIGA's agreement to "hold harmless" the applicant from the UCD bill constituted a promise to pay it. The case was returned to the trial level for further proceedings to consider any defenses CIGA may have against the UCD bill.

Workers' Compensation Appeals BoardCIGAPolymer TechnologiesSuperior National Insurance CompanyU.C. Davis Medical CenterU.C. Davis Professional Medical Grouplien claimantscompromise and releasehold harmlesscollateral estoppel
References
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