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

Case No. ADJ14497155; ADJ14497152
Regular
Oct 29, 2025

LAURA TORRES vs. R.A. PHILLIPS INDUSTRIES INC.; EVEREST NATIONAL INSURANCE COMPANY

A Workers' Compensation Administrative Law Judge (WCJ) initially found no injury in one case, leading the applicant to seek reconsideration. Despite the Appeals Board granting reconsideration, the WCJ later approved a compromise and release in related cases while the matter was still pending with the Board, without proper notification. The Appeals Board found this action contravened WCAB Rule 10961, as the WCJ lacked authority. While allowing the compromise and release to stand, the Board vacated its prior order granting reconsideration and dismissed the applicant's petition as moot.

WCABPetition for ReconsiderationWCJCompromise and ReleaseWCAB Rule 10961Findings of FactOpinion and Order Granting ReconsiderationDecision After ReconsiderationVacatedDismissed
References
Case No. ADJ17464637
Regular
Oct 28, 2025

Alisher Suliemanov vs. Pizza Hut, Pizza Hut, Southern California Pizza Co., Athens Administrators

The case involves a Petition for Reconsideration filed by the defendant after an Order Approving a Compromise and Release (OACR) was executed and later amended by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ rescinded the original OACR and issued an amended one within the 15-day period allowed by WCAB Rule 10961(c). Consequently, the Appeals Board determined that no further action was necessary on the Petition for Reconsideration because the disputed order no longer existed. Despite the WCJ preparing a Report and Recommendation, the Appeals Board dismissed the Petition for Reconsideration as moot.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseRescinded OrderAmended OrderJurisdictionWCJ ReportWithdrawal RequestMoot PetitionWCAB Rule 10961
References
Case No. ADJ11826196
Regular
Oct 09, 2020

HUBER GARCIA vs. TESLA MOTORS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) has rescinded a prior WCJ decision in *Garcia v. Tesla Motors*. This action was taken because the parties have reached a proposed settlement while the case was pending on reconsideration. The matter is now returned to the trial level for the WCJ to review the settlement. If the settlement is not approved, the WCJ can reinstate the original decision, with the option for further reconsideration.

Workers' Compensation Appeals BoardReconsiderationProposed SettlementRescind DecisionReturned to Trial LevelWCJAdministrative Law JudgeZurich North AmericaTesla MotorsADJ11826196
References
Case No. ADJ13604184
Regular
Aug 21, 2025

JOSE MARTINEZ vs. TAYLOR FRESH FOODS, ZURICH NORTH AMERICA

While this matter was pending reconsideration, the parties reached a proposed settlement. To allow the workers' compensation administrative law judge (WCJ) to review the settlement, the Appeals Board has rescinded the original decision. The case is returned to the trial level for the WCJ to consider the proposed settlement. This is not a final decision on the merits; if the settlement is not approved, the WCJ may reinstate the original decision, from which further reconsideration can be sought.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWCJAdministrative Law JudgeProposed SettlementFurther ProceedingsDecision After Reconsideration
References
Case No. ADJ6573016
Regular
Feb 05, 2020

NANCY SWINNEY vs. SALLY BEAUTY HOLDINGS, INC., ACE AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board has rescinded its January 3, 2019 decision in Nancy Swinney v. Sally Beauty Holdings, Inc. This action was taken because the parties have reached a proposed settlement while the case was pending reconsideration. The matter is now returned to the trial level for the Workers' Compensation Judge to review the settlement proposal. This order is not a final determination on the merits of the appealed issues.

Workers' Compensation Appeals BoardReconsiderationSettlementRescinded DecisionReturned to Trial LevelProposed SettlementFindings and OrderAdministrative Law JudgeCal. Code Regs.tit. 8
References
Case No. ADJ13794622
Regular
Oct 22, 2025

LASHONDA JOHNSON vs. MACYS, SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant filed a petition for removal against an order from the WCJ that had rescinded a prior dismissal of the applicant's claim, arguing the applicant's petition for reconsideration was untimely. The Appeals Board determined that the applicant's petition for reconsideration was, in fact, timely due to an extension for out-of-state service. As such, the Board concluded that the defendant failed to demonstrate substantial prejudice or irreparable harm, and therefore denied the petition for removal.

Petition for RemovalOrder Rescinding DecisionVacating SubmissionRule 10961Petition for ReconsiderationOrder of DismissalUntimely PetitionAppeals Board JurisdictionWCJ Report and RecommendationExtraordinary Remedy
References
Case No. ADJ8627969, ADJ9506151
Regular
Feb 10, 2020

ROBERT FLICKINGER vs. CITY OF EL SEGUNDO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration after the defendant withdrew it. The WCAB granted reconsideration on its own motion to correct clerical errors in the original award. Specifically, the WCAB amended the award to establish the correct date for the commencement of permanent total disability payments and to clarify the attorney's fee calculation and commutation. The decision confirms that permanent total disability indemnity is retroactive to October 1, 2013, and attorney fees were correctly calculated at $242,426.22, less prior payments.

WCABAmended Findings and AwardPetition for ReconsiderationDismissalGrant of ReconsiderationDecision After ReconsiderationPermanent Total DisabilityLifetime IndemnityCommutationAttorney Fees
References
Case No. ADJ4444900 (GOL 0088920)
Regular
Dec 22, 2020

JACQUELIN NORTON vs. PRICE, POSTEL & PARMA, LLP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HIH INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board (WCAB) is returning the case of Jacquelin Norton v. Price, Postel & Parma, LLP to the trial level. This action is to allow the judge to review a proposed settlement reached by the parties. The original decision is rescinded, and if the settlement is not approved, the original decision can be reinstated. This decision is not a final determination on the merits.

ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJFindings of Fact and AwardLiquidationInsurance Guarantee AssociationCC&R 10961
References
Case No. ADJ11411467
Regular
Dec 04, 2020

JOSE PADILLA vs. VARNER BROTHERS, INC., NATIONAL UNION FIRE INSURANCE COMPANY

In *Padilla v. Varner Brothers, Inc.*, the applicant's employer filed a Petition for Reconsideration to amend an Order Approving Compromise and Release. The employer sought to correct the named liable entity from the insured employer to its insurance carrier. The Workers' Compensation Appeals Board (WCAB) found that the Administrative Law Judge (ALJ) had the authority to amend the order and did so. As a result, the Petition for Reconsideration was rendered moot and dismissed.

Compromise and ReleasePetition for ReconsiderationWCJAppeals Board rule 10961mootliable entityOACRamendmentGallagher Bassett ServicesNielsen Firm
References
Case No. ADJ13870377
Regular
Mar 20, 2023

HORTENCIA PEREZ vs. PARTNERS PERSONNEL, Starr Specialty Insurance Company, CorVel Corporation

The Workers' Compensation Appeals Board (WCAB) granted Hortencia Perez's petition for reconsideration of a previous decision filed August 18, 2022. The WCAB found reconsideration necessary to allow further study of the factual and legal issues for a just and reasoned decision. This order effectively tolls the statutory time limits for acting on the petition due to delayed notice, as permitted by *Shipley v. Workers' Comp. Appeals Bd*. All further communications regarding the petition must now be directed to the WCAB Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationShipley tollingstatutory time constraintsAdjudication NumberCorVel CorporationStarr Specialty Insurance CompanyPartners PersonnelCal. Code Regs. tit. 8 § 10615(c)Cal. Code Regs. tit. 8 § 10961
References
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