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

Case No. ADJ1659661
Regular
Apr 30, 2009

ANDRES C. PEREZ vs. ITO BROTHERS, ZENITH INSURANCE

This case involves a petition for reconsideration filed by the applicant, Andres C. Perez, regarding a Workers' Compensation Appeals Board (WCAB) decision from March 12, 2009. The petitioner has officially withdrawn their petition for reconsideration. Consequently, the WCAB has issued an order dismissing the petition.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardZenith InsuranceITO BROTHERSAndres C. PerezMarch 122009 DecisionADJ1659661
References
Case No. ADJ9109256
Regular
Oct 27, 2016

STACY GARRAFA vs. SECURITAS SECURITY SERVICES USA, INC.; ESIS

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely. California law allows 25 days to file a petition for reconsideration after a decision is served by mail, with potential extensions for weekends or holidays. However, the petition must be *received* by the Board within this period, not merely mailed. In this case, the petition was filed on September 7, 2016, which was over 25 days after the August 12, 2016 decision. As the filing deadline is jurisdictional, the Board lacked the authority to consider the untimely petition.

Petition for ReconsiderationUntimelyDismissedWCJ decisionFiling deadlineJurisdictionalAppeals BoardMailing vs. FilingOctober 272016
References
Case No. ADJ8595981
Regular
Sep 12, 2014

JAVIER LOPEZ vs. LINDERO BERRY FARMS, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses a Petition for Reconsideration filed by the applicant. The dismissal is based on the petitioner's withdrawal of the reconsideration request. The original decision being reconsidered was issued on July 21, 2014. The Board formally ordered the dismissal on September 12, 2014.

Petition for ReconsiderationDismissalApplicantDefendantZenith Insurance CompanyLindero Berry FarmsJavier LopezWorkers' Compensation Appeals BoardJuly 21 2014September 12 2014
References
Case No. ADJ10857876; ADJ10857882
Regular
Mar 06, 2023

MINNIE BYRD vs. CITY OF LOS ANGELES

The Board rescinded the prior order, finding the defendant failed to prove a change in circumstances justifying the termination of applicant's home healthcare provider, Myra Shaw. The defendant must pay Ms. Shaw for services rendered, and the matter is returned for further proceedings. Applicant's objection to exhibits 12 and 13 was overruled.

Workers Compensation Appeals BoardMinnie ByrdCity of Los AngelesOpinion and Decision After ReconsiderationFindings of Fact and OrderWCJhome healthcare servicesMyra ShawExhibits 12 and 13change in circumstances
References
Case No. ADJ7299191
Regular
Apr 17, 2013

ROMELIA PEREZ vs. UPS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award finding applicant's back and neck injuries arose out of and occurred in the course of employment (AOE/COE). The Board adopted the Workers' Compensation Judge's report, which found the applicant's testimony credible despite conflicting evidence. The judge specifically addressed and dismissed the defendant's contentions regarding the applicant's credibility, the admission of Applicant's Exhibit "12," and the weight given to medical reports.

WCABOrder Denying ReconsiderationPetition for ReconsiderationAOE/COEApplicant's Exhibit "12"Credibility FindingLabor Code § 5402(b)Temporary DisabilityMedical TreatmentAgreed Medical Examiner
References
Case No. ADJ6495975 ADJ6496126
Regular
Jan 21, 2011

OLGA MADRIGAL vs. VELORIA FARM LABOR CONTRACTING

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision filed by Care West Claims Management. However, the WCAB granted reconsideration of the petition filed by Redwood Fire & Casualty Insurance Company. The WCAB affirmed the original decision, but amended Finding of Fact No. 12 to explicitly state the applicant requires further medical treatment, including right shoulder surgery. Additionally, a new order was added to remove the issue of future medical treatment in a related case from the calendar.

Olga MadrigalVeloria Farm Labor ContractingADJ6495975Bakersfield District OfficeOpinion and Order Denying and Granting ReconsiderationDecision After ReconsiderationCare West Claims ManagementRedwood Fire & Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesNovember 16
References
Case No. ADJ10887310
Regular
Jan 30, 2023

OSCAR MARTINEZ vs. SECURITA AMERICA, INC., GALLAGHER BASSETT, EVEREST NATIONAL INSURANCE

The applicant, Oscar Martinez, was injured on May 3, 2017, resulting in a 3% permanent disability. He returned to his regular job duties with his employer, Securita America, Inc., but was laid off approximately five months later due to his employer's contract ending. While Martinez subsequently worked for a new employer at the same location and performing similar duties, the Board found that this did not satisfy the requirement of returning to the "same job for the same employer" for at least 12 months. Therefore, the Appeals Board amended the prior finding, ruling that Martinez is entitled to a Supplemental Job Displacement Benefit (SJDB) voucher.

Supplemental Job Displacement BenefitSJDB voucherpermanent partial disabilityemployer's dutyregular work offermodified work offeralternative work offer12-month durationRule 10133.31(c)substantial evidence
References
Case No. ADJ1337559 (SAC 0357559)
Regular
Dec 02, 2009

DARLENE FIESTE-RENDON, DARLENE FIESTE vs. DEPARTMENT FO CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Petition for Reconsideration of the decision issued on November 12, 2009, has been withdrawn by the petitioner. Therefore, it will be dismissed.

Petition for ReconsiderationWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardDarlene Fieste-RendonDepartment of CorrectionsState Compensation Insurance FundCCPOA Benefit Trust FundADJ1337559SAC 0357559
References
Case No. ADJ2767633 (SRO 0140485)
Regular
Jan 29, 2010

MARTY HOGUE vs. THE PERMANENTE MEDICAL GROUP

The Workers' Compensation Appeals Board reversed a judge's decision, granting the defendant's petition to reduce the applicant's permanent disability award by 15%. The Board found that the defendant met its obligation under Labor Code section 4658(d)(3)(A) by offering modified work within 60 days of the applicant's permanent and stationary date. Crucially, the Board clarified that the required 12-month period of employment in modified work does not need to be continuous to qualify for the benefit reduction. Therefore, the applicant's award was reduced as permitted by the statute.

Labor Code section 4658(d)(3)(A)Petition to Reopen/Reducepermanent disability awardmodified work12 months continuous employmentpermanent and stationary datestipulationstreating physicianDisability Case Managerreasonable commuting distance
References
Case No. ADJ7643460
Regular
May 01, 2017

Tracy Lee vs. XCHANGING, GRANITE STATES INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case concerns Defendant's Petition for Removal seeking a new Qualified Medical Evaluator (QME) panel due to a QME's untimely supplemental report. The Appeals Board denied the petition, finding Defendant failed to demonstrate substantial prejudice or irreparable harm. While the QME's report was late, Labor Code Section 4062.5 and Rule 31.5(a)(12) do not mandate replacement for untimely supplemental reports, making the decision discretionary. The WCJ's decision not to order a replacement was reasonable given the QME's extensive involvement and the lack of a mandatory replacement provision.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical EvaluatorQME panelsupplemental reportuntimelysubstantial prejudiceirreparable harmLabor Code section 4062.5Rule 31.5(a)(12)
References
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