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

Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ3434673 (SRO 0141791)
Regular
Feb 11, 2010

DAVID KALLABY vs. NAPA VALLEY COMMUNITY COLLEGE DISTRICT, PSI, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDDAVID KALLABYNAPA VALLEY COMMUNITY COLLEGE DISTRICTPSIKEENAN & ASSOCIATESADJ3434673SRO 0141791OPINION AND ORDER DISMISSING RECONSIDERATIONLabor Code section 5903petition for reconsideration
References
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. ADJ7442025
Regular
May 16, 2012

LENNIE WIDEN vs. IN HOME SUPPORTIVE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's report, finding that the applicant sustained a specific left shoulder injury in February 2009 based on her credible testimony and medical evidence. The Board affirmed the WCJ's credibility findings and also admonished defense counsel for failing to cite the record properly. The defendant's arguments regarding medical determinations, credibility, post-termination issues, and laches were rejected.

In Home Supportive ServicesState Compensation Insurance FundPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.WCAB Rule 10842(b)home care providerleft shoulder injuryFebruary 2009credibility determination
References
Case No. ADJ7427901
Regular
Oct 29, 2013

PABLO GONZALES vs. KVS TRANSPORTATION, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a finding that Pablo Gonzales sustained a specific industrial injury of Valley Fever on December 29, 2009. The Board found that while medical evidence did not support a specific injury date, the record might support a cumulative injury, occupational disease, or latent injury arising from employment. The case is returned to the WCJ to determine if pleadings should be amended to conform to this proof and to issue a new decision. Issues regarding self-procured medical treatment and medical-legal expenses were improperly addressed and should be limited to issues identified at trial.

Workers Compensation Appeals BoardKVS TransportationSeabright Insurance CompanyPablo GonzalesADJ7427901Findings and AwardReconsiderationIndustrial InjuryDecember 29 2009Chest
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. ADJ3592250 (ANA 0396744)
Regular
Oct 12, 2009

JOSE JURADO vs. GOLDEN WEST TOWING EQUIPMENT, ACE USA In Care Of ESIS

Reconsideration granted; decision rescinded; matter returned to WCJ for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJreconsiderrescindreturnedtrial levelfurther proceedingsdecision after reconsideration
References
Case No. ADJ6641822
Regular
Aug 30, 2018

ROBERT PELAYO vs. QUALITY CARRIER, INC., STATE COMPENSATION INSURANCE FUND CMS MONTEREY PARK

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in the case of Robert Pelayo v. Quality Carrier, Inc. Subsequently, the parties reached a settlement. The Board rescinded its original decision and returned the matter to the trial level for the Workers' Compensation Administrative Law Judge to review the settlement. If the settlement is not approved, the original decision can be reinstated.

ADJ6641822Pelayo v. Quality CarrierInc.Workers' Compensation Appeals BoardReconsideration grantedSettlement reviewTrial level returnRescinded decisionAdministrative Law JudgeFindings of Fact
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ3673382 (AHM 0084473) ADJ1361609 (AHM 0085858) ADJ2402991 (AHM 0085857) ADJ4050086 (AHM 0085856) ADJ1533147 (AHM 0085855) ADJ1199908 (AHM 0085828) ADJ700319 (AHM 0085827) ADJ2455910 (AHM 0085829) ADJ1727200 (AHM 0085831)
Regular
Jan 30, 2009

DOUGLAS BOULWARE vs. LOS ANGELES COUNTY FIRE DEPARTMENT, TRISTAR

This case involves multiple workers' compensation claims filed by Douglas Boulware against the Los Angeles County Fire Department and Tristar. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded that decision, finding it necessary to return the matter to the arbitrator for further proceedings. This action is not a final determination on the merits of the claims.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationArbitrator's decisionRescindedFurther proceedingsNot a final decisionDouglas BoulwareLos Angeles County Fire DepartmentTristarPetition for Reconsideration
References
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