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

Case No. ADJ2409827 (VNO 0509989)
Regular
Apr 17, 2014

ALICIA EVANS vs. SOUTHERN CALIFORNIA GAS COMPANY

The Workers' Compensation Appeals Board denied reconsideration of its prior decision concerning Alicia Evans and Southern California Gas Company. While the lien claimant's petition touched upon sanctions, it failed to meet the procedural requirements for reconsideration under Labor Code sections 5902 and 5904, and WCAB Rules 10842, 10846, and 10852. Specifically, the petition lacked detailed grounds, specific record references, and legal arguments, instead presenting a conclusory assertion that the facts mandated a win. Consequently, the Board adopted the judge's report and denied the petition.

WCABPetition for ReconsiderationLabor Code section 5813WCAB Rule 10561bad faithfrivolous conductlien claimantsanctionsLab. Code§ 5902
References
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
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. 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. ADJ7859333
Regular
Mar 06, 2014

RUSSELL WYNN vs. ROBERT TURMAN RANCH, ZENITH INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a prior order. The applicant alleged fraud and newly discovered evidence, but failed to provide specific references to the record or legal principles, violating WCAB Rule 10846. Furthermore, the WCAB lacks jurisdiction over the Employment Development Department (EDD) for State Disability Insurance (SDI) claims. The applicant had already pursued his SDI claim with the Unemployment Insurance Appeals Board, which determined no further benefits were owed.

WCABPetition for ReconsiderationDismissalState Disability Insurance (SDI)Employment Development Department (EDD)California Unemployment Insurance Appeals BoardWCJFraudNewly Discovered EvidenceRule 10846
References
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
Case No. ADJ8078674
Regular
Dec 28, 2015

AGNES ROBINSON vs. KAISER PERMANENTE, Permissibly SelfInsured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Agnes Robinson's petition for reconsideration of a prior award. The WCAB found the petition to be "skeletal" and lacking specific legal grounds or detailed references to the record. Applicant's arguments, essentially that the Workers' Compensation Judge (WCJ) erred in not finding injury to her right hand and psyche, were insufficient. The dismissal is based on failure to comply with Labor Code section 5902 and WCAB Rules 10842 and 10846 regarding the required contents of such petitions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionLabor Code Section 5902WCAB Rule 10846WCAB Rule 10842Findings of Fact and AwardIndustrial InjuryCervical SpineLumbar Spine
References
Case No. ADJ98 84194
Regular
Apr 13, 2016

JOSE JUAN ESQUIVEL vs. BODEGA LATINA CORP DBA EL SUPER, SAFETY NATIONAL CASUALTY CORP

This case involves applicant Jose Juan Esquivel's petition for reconsideration of a workers' compensation finding. The Workers' Compensation Appeals Board dismissed the petition because it was "skeletal" and failed to meet specific statutory and regulatory requirements. The petition did not detail the grounds for reconsideration, cite evidence, or clearly state contentions as mandated by Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852. Additionally, the proof of service was defective under Rule 10850, providing a separate basis for dismissal.

Petition for ReconsiderationSkeletal PetitionLabor Code Section 5902WCAB Rules 10842WCAB Rules 10846WCAB Rules 10852Unsupported EvidenceSpecific ReferencesMaterial EvidenceDefective Proof of Service
References
Case No. ADJ9611007
Regular
Aug 14, 2018

ELISE KING vs. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) finding of psychological injury. The WCAB dismissed the petition because it failed to make specific citations to the record as required by Labor Code section 5902 and WCAB rules. The Board also noted that if the petition had not been dismissed on procedural grounds, it would have been denied on the merits based on the WCJ's report. The defendant's attorney was cautioned for failing to properly support the petition with record evidence.

Petition for ReconsiderationWCJ ReportLabor Code § 5902WCAB Rules 108421084610852Skeletal PetitionSpecific CitationsRecord SupportAddecco Employment Services v. Workers' Comp. Appeals Bd. (Rios)
References
Case No. ADJ3774802 (LBO 0292234), ADJ7623697, ADJ8702721, ADJ8852516
Regular
Feb 27, 2017

CARMEN PARRA vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board dismissed Carmen Parra's petition for reconsideration because it was "skeletal" and improperly served. The petition failed to detail the grounds for reconsideration and lacked specific references to the record and legal principles as required by statute and board rules. Furthermore, the proof of service was defective, as indicated by postmarked mail sent after the purported service date and an incorrect suite number on an envelope. Consequently, the petition was dismissed for these procedural deficiencies.

Petition for ReconsiderationSkeletal PetitionImproper ServiceLabor Code Section 5902Appeals Board Rules 108421084610852Defective Proof of ServiceLabor Code Section 5905Dismissal
References
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