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Case Law Database

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

Case No. ADJ9014448
Regular
Mar 10, 2020

TIM WAITE vs. COUNTY OF VENTURA permissibly self-insured; administered by SEDGWICK RISK SERVICES (formerly YORK RISK SERVICES)

This case involves a workers' compensation claim where the WCJ initially issued Findings and Awards. Following the applicant's request for reconsideration, the WCJ rescinded the award and set the matter for trial. The defendant then petitioned for reconsideration, but the WCJ issued an amended award *after* the period for such actions under WCAB Rule 10961 had expired, thus losing jurisdiction. The Appeals Board affirmed the WCJ's amended award, holding that despite the jurisdictional issue with the amended award, it was the correct outcome.

WCABReconsiderationFindings and AwardsRescinding OrderJurisdictionWCJAdministrative Law JudgeAppeals BoardPetitionAmended F&A
References
1
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
0
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 The WCJ rescinded the original OACR and issued an amended one within the 15-day period allowed by WCAB Rule 10961(c).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
1
Case No. ADJ17849976
Regular
Oct 07, 2025

ESTEFANY MICHELLE OSORIO vs. SPACE EXPLORATION TECHNOLOGIES CORPORATION, CORVEL CORPORATION

The Appeals Board observed a proposed settlement while reconsideration was pending. Citing California Code of Regulations, title 8, section 10961, which prohibits the District Office from acting on a case under reconsideration, the Board rescinded the prior decision from which reconsideration was sought. The matter is returned to the trial level, allowing the Workers' Compensation Administrative Law Judge (WCJ) to review the proposed settlement. Should the WCJ not approve the settlement, the original decision may be reinstated, at which point any aggrieved party may seek reconsideration. This decision does not address the merits of the issues pending reconsideration.

ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJVan Nuys District OfficeSpace Exploration Technologies CorporationCorvel CorporationAdjudication Number
References
1
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