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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 The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award.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. ADJ3856430 (LAO 0853077)
Regular
Aug 24, 2012

XIAO BIN ZHOU vs. EASTCOM, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Xiao Bin Zhou's petition for reconsideration of a prior decision. The dismissal is based on the petitioner's withdrawal of the reconsideration request. The original decision dates were August 11, 2010, and/or November 1, 2010.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCase No. ADJ3856430LAO 0853077Xiao Bin ZhouEastcom Inc.Employers Compensation Insurance CompanyAugust 11 2010
References
Case No. ADJ7131007
Regular
Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal
References
Case No. ADJ7331781
Regular
Dec 10, 2012

GARY TERRELL vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Gary Terrell's workers' compensation claim against the County of San Diego. The Board affirmed the original decision but amended Finding of Fact No. 3. This amendment clarifies that the date of injury, for the purposes of Labor Code section 5412, spans from August 21, 1971, to May 1, 2010. The Board adopted and incorporated the administrative law judge's report into its opinion.

Workers' Compensation Appeals BoardGary TerrellCounty of San DiegoPermissibly Self-InsuredADJ7331781Opinion and Order Granting ReconsiderationDecision After ReconsiderationReport of Workers' Compensation Administrative Law JudgeLabor Code section 5412Date of Injury
References
Case No. ADJ7516430
Regular
Jul 13, 2012

RICK WHITCOMB vs. PORTRAIT HOMES, INC., STATE COMPENSATION INSURANCE FUND

This case involves an applicant who claims a left knee injury sustained on August 4, 2010, while working. The applicant did not report the injury to his employer until over two months later, after his termination. Medical reports were found to lack the necessary "reasonable medical probability" to link the injury to employment. Consequently, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found insufficient evidence that the claimed injury arose out of and in the course of employment.

Workers' Compensation Appeals BoardPortrait HomesInc.State Compensation Insurance FundRick WhitcombADJ7516430Opinion and Order Denying ReconsiderationsuperintendentAugust 42010
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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3890427 (SAC 0364747) ADJ6797951
Regular
Dec 15, 2010

JOHN ERICK RITCHIE vs. CMC FONTANA STEEL, ACE INSURANCE COMPANY

In case ADJ3890427, the Workers' Compensation Appeals Board (WCAB) has issued an order dismissing the applicant's petition for reconsideration. This dismissal is due to the petitioner's withdrawal of the petition. The WCAB's decision reflects that the original decision from October 14, 2010, will stand as a result of this withdrawal.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissedWithdrawnDecisionOctober 14 2010CMC Fontana SteelAce Insurance CompanyADJ3890427SAC 0364747
References
Case No. ADJ1907582
Regular
Sep 15, 2010

ALFONSO v. MORESI

The Workers' Compensation Appeals Board (WCAB) dismissed David Rochin's petition for reconsideration of a July 8, 2010 decision. The order does not specify the grounds for dismissal. This dismissal applies to multiple related case numbers.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDismissedJuly 8 2010 decisionSan Francisco CaliforniaService by mail
References
Case No. ADJ7122722
Regular
Nov 10, 2010

SELESS BARNES vs. PUBLIC HEALTH FOUNDATION INSURANCE By LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration in the case of *Barnes v. Public Health Foundation Insurance*. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report in their decision. The defendant later submitted the required verification for their petition. Consequently, the Board ordered that the Petition for Reconsideration be denied.

Workers' Compensation Appeals BoardPublic Health Foundation InsuranceLiberty Mutual Insurance CompanyADJ7122722Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportBradford & BarthelLarson Vandersloot & Rivers
References
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