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

Case No. ADJ3665996 (VNO 0481024)
Regular
May 06, 2013

JANE BOURGEOIS vs. VIVENDI UNIVERSAL/AMERICAN HOME ASSURANCE COMPANY administered by CHARTIS CLAIMS, INC.

This case involves a workers' compensation claim by Jane Bourgeois for the death of Richard Bourgeois. Both the applicant and defendant filed petitions for reconsideration of the initial Findings and Award. However, the Workers' Compensation Judge vacated the original decision and ordered a new one to be issued. Consequently, the Appeals Board dismissed both petitions for reconsideration as moot.

ADJ3665996VNO 0481024Petition for ReconsiderationFindings and AwardWCJVacatedNew F&AMootDismissedWCAB Rule 10859
References
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
Case No. ADJ9398564
Regular
Jun 12, 2018

JEROME POLAND vs. COUNTY OF SAN BERNARDINO

The applicant, Jerome Poland, filed a Petition for Reconsideration without his attorney in response to a notice of intention to disallow his claim. The Workers' Compensation Judge (WCJ) subsequently issued an "Order Vacating Submission" in response to this petition. Citing WCAB Rule 10859, which allows a WCJ to amend or rescind a decision within fifteen days of a reconsideration petition, the Board dismissed the applicant's petition. This dismissal was based on the WCJ's action in vacating submission within the allowable timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to DisallowWorkers' Compensation Administrative Law JudgeOrder Vacating SubmissionWCAB Rule 10859Amend or ModifyRescindFurther ProceedingsDismissed Petition
References
Case No. ADJ312652 (STK 0204453)
Regular
Nov 14, 2008

AMADOR CISNEROS vs. CBC FRAMING and VIRGINIA SURETY, adjusted by CAMBRIDGE INTEGRATED RESOURCES

This case involves a dispute over a Workers' Compensation Appeals Board (WCAB) decision to set aside a prior order and require the defendant to produce the claims adjuster for testimony. The WCAB denied the defendant's petition for removal, finding no abuse of discretion by the judge who properly used WCAB Rule § 10859 to rescind the prior order and allow for further proceedings. The defendant's arguments regarding the applicant's failure to produce the adjuster at trial were deemed premature as no order compelling appearance had been issued.

WCABPetition for RemovalOrder Setting Aside FindingsWCJ DiscretionWCAB Rule 10859Claims AdjusterMandatory Settlement ConferencePetition for ReconsiderationWCAB Rule 10843(b)AOE/COE
References
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
Case No. ADJ9134227
Regular
Dec 18, 2015

VICTOR DIAZ vs. EXXEL OUTDOORS, INC.; THE HARTFORD

The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.

WCABPetition for ReconsiderationAmended Order Dismissing CaseNotice of Intention to DismissDismissal without prejudiceDismissal with prejudiceWCJWCAB Rule 10582WCAB Rule 10780WCAB Rule 10859
References
Case No. ADJ8669912, ADJ8093149, ADJ8095729, ADJ8086538
Regular
Apr 15, 2015

ERASTO ESTRADA vs. ENNABE PROPERTIES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration in the case of Erasto Estrada v. Ennabe Properties, Inc. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB requires all correspondence related to the petition to be filed directly with the Commissioners in San Francisco, not the district office, and specifically prohibits e-filing for these matters. Trial level documents unrelated to the reconsideration petition should continue to be filed through EAMS or in paper form as permitted.

WCABPetition for ReconsiderationEnnabe PropertiesADJ8669912ADJ8093149ADJ8095729ADJ8086538San FranciscoEAMSWCJ
References
Case No. ADJ3024498
Regular
Jul 02, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of *Acosta v. Anaya*. This decision was made after an initial review of the record indicated a need for further study of the factual and legal issues. The WCAB granted reconsideration to ensure a complete understanding and to issue a just decision, ordering all related communications to be filed directly with the Commissioners. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the WCAB.

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE
References
Case No. ADJ841280
Regular
Aug 24, 2016

ADRIEL DE LA CRUZ vs. PROTECH PAINTING, ZENITH INSURANCE COMPANY

In ADJ841280, the Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration filed by a lien claimant. The WCAB found reconsideration necessary to thoroughly review the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners in San Francisco, not district offices or e-filed. The WCAB also cautioned that a Workers' Compensation Judge cannot act on a settlement while reconsideration is pending.

Lien claimantPetition for reconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the CommissionersElectronic Adjudication Management SystemEAMSCal. Code Regs.
References
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