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

Case No. ADJ3408070
Regular
Dec 29, 2011

CARLOS LOPEZ vs. COBBLESTONE, STATE COMPENSATION INSURANCE FUND

Here's a summary for a lawyer: Biocare RX Specialty Pharmacy sought reconsideration of a lien dismissal, arguing a representative was available by phone for trial. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The dismissal order was issued June 13, 2011, and served June 22, 2011, giving the lien claimant 25 days to file for reconsideration. The petition was filed on October 31, 2011, exceeding the jurisdictional deadline.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienUntimely FilingJurisdictional Time LimitWCJBiocare RX Specialty PharmacyLabor Code section 5903Code of Civ. Proc.section 1013
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. ADJ9478055
Regular
Mar 18, 2020

CHARLES HART vs. TOWN OF LOS GATOS

This case involves a petition for reconsideration granted by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the workers' compensation administrative law judge's (WCJ) report and amended the original decision. The amended decision clarifies that the applicant, Charles Hart, sustained temporary disability from August 11, 2011, to November 16, 2016, payable at a specific weekly rate, subject to credits and attorney fees. The amended decision otherwise affirmed the original ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reporttemporary disabilityAugust 112011November 162016$847.01attorney fees
References
Case No. ADJ3572932
Regular
Feb 04, 2011

MARIA HERNANDEZ vs. MOTHERS NUTRITIONAL CENTER, AMERICAN CLAIMS SAN DIEGO, AMERICAN COMMERCIAL

This case concerns a petition for reconsideration filed by Maria Hernandez in her workers' compensation claim against Mothers Nutritional Center. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCJ's decision was served on November 24, 2010, and the petition for reconsideration was not filed until January 7, 2011. This filing occurred more than the jurisdictional 20-day deadline, plus any potential mailing extensions, for reconsideration.

Labor Code section 5903petition for reconsiderationuntimely petitionjurisdictional time limitWCJ decisionservice of awardAppeals Boardwrit deniedAppeals Board Panel Opinionstatute of limitations
References
Case No. ADJ6671447; ADJ8041770 ADJ8041771; ADJ7407900
Regular
Jan 11, 2012

DARREN CORNWELL vs. HEARTLAND FARMS/SANTEE DAIRIES, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board has dismissed Darren Cornwell's petition for reconsideration of a decision dated October 26, 2011. The petitioner, Darren Cornwell, withdrew the petition prior to the Board's order. Consequently, the Board formally dismissed the petition as requested.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardHeartland FarmsSantee DairiesSpecialty Risk ServicesADJ6671447ADJ8041770ADJ8041771
References
Case No. ADJ 7174814
Regular
Jan 13, 2011

TRACY WESTFIELD vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, ADMINISTERED BY SEDGWICK CMS

This case involves a Petition for Removal filed by Tracy Westfield against the Los Angeles Unified School District. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). The WCAB adopted the WCJ's report and denied the Petition for Removal. The order denying removal was dated and filed January 13, 2011.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportadministrative law judgedenial of removalSEDGWICK CMSTRACY WESTFIELDLOS ANGELES UNIFIED SCHOOL DISTRICTHAYFORD & FELCHLIN LLPHINDEN BRESLAVSKY
References
Case No. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
References
Case No. ADJ6420214
Regular
Jun 08, 2011

PERCY ROBERTS vs. CITY OF INGLEWOOD

This Workers' Compensation Appeals Board order dismisses a petition for reconsideration previously filed by the petitioner in the case of Roberts v. City of Inglewood. The dismissal is due to the petitioner's withdrawal of the reconsideration request. The original decision being reconsidered was issued on April 28, 2011. This order is effective as of June 8, 2011.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDismissed PetitionWithdrawn PetitionPermissibly Self-InsuredCity of InglewoodPercy RobertsADJ6420214ADJ6420999
References
Case No. ADJ2725399 (VNO 0431180) ADJ832058 (VNO 0431183)
Regular
Oct 07, 2011

JUDITH VOLKERTS vs. JON B. ARTZ, CIGA by its servicing facility, BROADSPIRE CLAIMS SERVICES for CALIFORNIA COMP. INSURANCE, in liquidation, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration as untimely. The Findings and Award were personally served on the applicant on June 28, 2011. Labor Code section 5903 dictates a 20-day filing window for reconsideration petitions after service, a jurisdictional deadline. Since the petition was filed on August 17, 2011, it exceeded this statutory timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitFindings and AwardPersonal ServiceWCJ DecisionDismissal OrderCIGA
References
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