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

Case No. ADJ10881601
Regular
Nov 28, 2017

XIOMARA CEA vs. COUNTY OF ORANGE

This case involved a petition for removal filed by the County of Orange, defendant, against the applicant, Xiomara Cea. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed significantly outside the 25-day deadline for seeking removal from a non-final decision. Although the WCAB agreed with the defendant that the venue initially chosen was incorrect, their failure to file the petition for removal timely prevented the board from correcting the error. The defendant was advised they could still seek a change of venue for good cause under a different Labor Code section.

Petition for RemovalWCJuntimelyDismissalVenueLabor Code § 5501.5October 102017August 82017
References
Case No. ADJ9271600
Regular
Oct 02, 2017

JESUS BARRERA vs. UMAMI RESTAURANT, LLC, BERKSHIRE HATHAWAY, HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed Jesus Barrera's petition for reconsideration because it was filed untimely. The WCJ's decision was personally served, triggering a strict 20-day filing deadline for reconsideration, not subject to mail service extensions. Barrera's representative had until August 8, 2017, to file, but the petition was received on August 9, 2017. As the deadline is jurisdictional, the WCAB lacked authority to consider the untimely petition.

Petition for ReconsiderationUntimely FilingPersonal Service20-Day LimitJurisdictionalWCABWCJLabor Code SectionsCalifornia Code of RegulationsOrder Dismissing Lien
References
Case No. ADJ8979988
Regular
Sep 20, 2017

MIGUEL GARCIA vs. SERVISAIR, LLC, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case, ADJ8979988, involved an applicant, Miguel Garcia, and defendants Servisair, LLC and Liberty Mutual Insurance Company. The defendant, Servisair, LLC, withdrew its Petition for Reconsideration, which had been filed on July 31, 2017. Consequently, the Board dismissed the petition. The Board also reminded the defendant of its obligation to serve all documents on all parties involved in the case, noting proper service had now been made regarding the withdrawal.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWCAB RulesService of DocumentsWorkers' Compensation Appeals BoardMiguel GarciaServisair LLCLiberty Mutual Insurance CompanyADJ8979988
References
Case No. ADJ8019992 ADJ9131164 ADJ8511171 ADJ8020023 ADJ8508745 ADJ8019998 ADJ8020051 ADJ8729779
Regular
Dec 05, 2018

SHUN WAH CHAN vs. LY BROTHERS CORPORATION DBA SUGAR BOWL BAKERY

This Workers' Compensation Appeals Board (WCAB) case involves a petition for reconsideration filed by applicant Shun Wah Chan. The WCAB dismissed the petition as untimely because it was filed over a year after the original decision, far exceeding the 25-day jurisdictional deadline. The Board emphasized that a petition for reconsideration must be *received* by the WCAB within the statutory period, not just mailed. Therefore, the Board lacked authority to consider the merits of the untimely petition.

Petition for ReconsiderationUntimelyDismissedWCABWCJLab. CodeCal. Code Regs.jurisdictionalproof of mailingOctober 5
References
Case No. ADJ11094232
Regular
May 21, 2019

HERIBERTO FUERTE ALVAREZ vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The amended decision affirmed the prior ruling but modified the temporary disability indemnity award. Specifically, it now includes an award for temporary disability indemnity beginning October 3, 2017, continuing thereafter, with a 15% reduction for retroactive temporary disability payable to the applicant's attorneys. This amendment is subject to Labor Code Section 4656.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportDecision After ReconsiderationTemporary disability indemnitystatutory rateOctober 32017Law Offices of Torkan and FarzanpourLabor Code Section 4656
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ8424952
Regular
Sep 10, 2014

ALFONSO CRUZ vs. SIERRA CIRCUITS, INC.; THE HARTFORD

This case involves an applicant's petition for removal regarding deposition questions about medical history and insurance coverage. The Workers' Compensation Appeals Board (WCAB) granted the petition in part, allowing questions about medical insurance and personal doctors, as these are discoverable under CCP § 2017.010. However, the WCAB found questions about past medical treatment paid by others and prior hospitalizations to be overbroad, as they could infringe on the physician-patient privilege regarding unrelated conditions. The Board ordered the applicant to answer specific questions but requires defendants to reframe broader questions concerning medical history to avoid privileged information.

Petition for RemovalFifth AmendmentFirst Amendmentphysician-patient privilegeconfidential communicationindustrial injurymedical historydeposition questionsCode of Civil Procedure section 2017.010Evidence Code sections 990
References
Case No. ADJ10755627 ADJ9735622
Regular
Dec 24, 2018

ANTHONY KOUTRIS vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration of an award granting temporary total disability (TTD) benefits to applicant Anthony Koutris. The defendant challenged the TTD period from February 8, 2017, to March 9, 2017, arguing it lacked sufficient medical evidence. The Board adopted the judge's report, finding that applicant's testimony and a doctor's report constituted substantial evidence of TTD during that period. A dissenting opinion argued that medical evidence was lacking for the February 8 to March 8, 2017 period, suggesting TTD should have commenced on March 9, 2017.

Workers' Compensation Appeals Boardlegally uninsuredModified Findings and Awardtemporary total disabilitysubstantial credible medical evidencePetition for ReconsiderationApplicant's testimonyDr. Pelton's reportdissenting opinionconcurrent scientific medical evidence
References
Case No. ADJ7724238
Regular
Nov 17, 2017

ALBERTO GUZMAN vs. RICHWELL STEEL COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Richwell Steel Company's petition for reconsideration as untimely. The WCJ's decision was served by mail on August 21, 2017, giving the defendant until September 15, 2017, to file. The petition was filed on September 19, 2017, which is beyond the jurisdictional deadline. Failure to file within the allowed time, which is strictly construed, leaves the WCAB without authority to consider the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitService by MailLabor CodeCalifornia Code of RegulationsWCJ DecisionAdministrative Law Judge
References
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
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