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

Case No. ADJ9498867
Regular
Dec 07, 2018

WILLIE MOORE vs. JONES BROTHERS CONSTRUCTION, OLD REPUBLIC CONTRACTORS INSURANCE GROUP, GALLAGHER BASSETT

The Workers' Compensation Appeals Board dismissed Willie Moore's Petition for Reconsideration as "skeletal." The Board found that the petition failed to specifically state the grounds for reconsideration or cite relevant evidence from the record as required by Labor Code section 5902 and Board Rules 10842 and 10846. As a result, the petition did not meet the necessary legal standards for review.

Workers' Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionLabor CodeAppeals Board RulesWCJ ReportGrounds for DismissalSpecificity of RecordMaterial EvidenceUnjust or Unlawful
References
7
Case No. ADJ9 657673, ADJ9 632441, ADJ9 697740, ADJ9 832297, ADJ9 834527, ADJ9 842328, ADJ9 919901, ADJ9 919978
Regular
Apr 14, 2016

KELLY FINN vs. OXNARD SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Kelly Finn's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852, which mandate specific details regarding grounds, evidence, and legal principles. The WCAB found the petition lacked specific references to the record and the evidence it relied upon.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationskeletal petitionLabor Code section 5902WCAB Rulesmaterial evidencespecific references to the recordprinciples of lawdeny or dismissWCJ report
References
3
Case No. ADJ218048 (VNO 0530772) ADJ1017219 (VNO 0373730) ADJ2748924 (VNO 0373487)
Regular
Apr 20, 2018

GILBERT TORRES vs. BEVERLY COMMUNITY HOSPITAL; Permissibly Self-Insured; administered by KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by Beverly Community Hospital. The dismissal was based on the petition being "skeletal" and failing to meet the specific pleading requirements outlined in Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852. Specifically, the petition did not detail the grounds for reconsideration, cite the record, or explain how the evidence failed to support the findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalSkeletal PetitionLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Administrative Law JudgeApplicant
References
7
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
6
Case No. ADJ6609941
Regular
Jun 07, 2013

DELTON CARTER vs. FACILITIES ENGINEERING, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration. The applicant, unrepresented, sought a new disability rating based on current guidelines, disagreeing with the prior $0\%$ permanent disability finding. The Board found the petition "skeletal" as it lacked specific references to the record or legal principles, thus violating Board Rule 10846. Consequently, the petition was dismissed without addressing the merits of the applicant's claim.

Petition for ReconsiderationFindings and AwardPermanent DisabilityAME standard guidelinesWCAB Rule 10846Skeletal petitionDismissed petitionReport and RecommendationWorkers' Compensation Appeals Board
References
0
Case No. ADJ2946461 (OAK 0285115)
Regular
Feb 04, 2010

LUCIO AGUIRRE vs. PIONEER PACKING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Dr. Christopher Vaughan's petition for reconsideration. The petition failed to meet the statutory requirements of Labor Code section 5902 and California Code of Regulations title 8, section 10846. Specifically, the petition lacked specific contentions of error, references to the case record, and discussion of legal principles. As a result, the WCAB found the petition to be skeletal and therefore dismissed it.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLien claimantWCJLabor Code section 5902Cal. Code Regs. tit. 8 §10846Green v. Workers' Comp. Appeals Bd.Skeletal petitionDismissal
References
1
Case No. ADJ7160968
Regular
Sep 20, 2013

KIM FICK vs. WAL MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE

This case involves a Petition for Reconsideration filed by the applicant, Kim Fick, against Walmart Associates, Inc. and American Home Assurance. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not verified, violating Labor Code section 5902. Furthermore, the petition was deemed skeletal and insufficient under California Code of Regulations, title 8, section 10846. Consequently, the WCAB found the petition procedurally deficient and ordered its dismissal.

Petition for ReconsiderationVerifiedLabor Code section 5902Skeletal PetitionCalifornia Code of Regulations title 8 section 10846DismissedWorkers' Compensation Appeals BoardWCJApplicantDefendants
References
2
Case No. ADJ9212812
Regular
Jan 26, 2018

VERN MILLARD vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Vern Millard's Petition for Reconsideration because it was skeletal and lacked specific legal and factual grounds. Although the applicant's attorney attempted to withdraw the petition, the withdrawal request was unsigned. The WCAB cited Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which require detailed grounds and specific record references. Without proper support, the petition was subject to dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionDismissalLabor CodeAppeals Board RulesWCJ ReportVerificationProof of ServiceWithdrawal Request
References
7
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
8
Case No. ADJ8924427
Regular
Oct 10, 2014

JAVIER CHAVARRIA vs. JUAN RAMON VASQUEZ doing business as JRV CONSTRUCTION, INC., TOWER SELECT INSURANCE, CHRISTINE BAKER, DIRECTOR OF THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Tower Select Insurance's petition for removal due to multiple procedural defects. The petition, styled as a request to reset trial dates and strike the record, was not properly verified as required by WCAB Rule 10450(e). Furthermore, the petition lacked specific references to the record and legal principles, violating WCAB Rule 10846. The WCAB also noted that reconsideration is only available for final orders, and this petition did not meet that criterion.

WORKERS' COMPENSATION APPEALS BOARDJAVIER CHAVARRIAJUAN RAMON VASQUEZJRV CONSTRUCTIONTOWER SELECT INSURANCECHRISTINE BAKERUNINSURED EMPLOYERS BENEFITS TRUST FUNDPetition for RemovalWCJReport and Recommendation
References
0
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