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Case Law Database

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

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. ADJ9158183

Regular

Feb 07, 2020

JOSE DE LEON vs. SANTANA RIOS FARM LABOR, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, affirming a prior award but amending it to find 17% permanent disability for the applicant's hernia injury. The Board ruled that res judicata precluded re-litigating the applicant's low back permanent disability, as it had been previously decided in his favor. Expert medical opinions, particularly from Dr. Bronshvag, supported the finding of disability from the hernia. The applicant's average earnings were stipulated at $384.00 per week, which was upheld.

AOE/COEPetition for ReconsiderationFindings of Fact & AwardPermanent Partial DisabilityRes JudicataIssue PreclusionContinuing JurisdictionLabor Code § 5803Labor Code § 5804Regular Physician

References

Case No. ADJ10930523

Regular

May 10, 2018

FABIAN RODRIGUEZ vs. BRIGHTVIEW LANDSCAPING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to add specific findings to a prior order. The Board affirmed sanctions against applicant's attorney, Guy Frank Michael Candelaria, totaling $2,500.00, plus $4,384.00 in defense costs. These sanctions stem from Candelaria's misrepresentations to defense counsel and the court regarding his attorney status during a period of suspension and his failure to appear or respond to court orders. The Board also noted evidence of Candelaria's continued practice and involvement in multiple other cases during his suspension.

Workers Compensation Appeals BoardSanctionsAttorney's FeesReconsiderationPetitionWCJNotice of IntentionState Bar SuspensionUnauthorized Practice of LawMaterial Misrepresentation

References

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

JOSE DE LEON vs. SANTANA RIOS FARM LABOR, STAR INSURANCE COMPANY

AOE/COEPetition for ReconsiderationFindings of Fact & AwardPermanent Partial DisabilityRes JudicataIssue PreclusionContinuing JurisdictionLabor Code § 5803Labor Code § 5804Regular Physician

FABIAN RODRIGUEZ vs. BRIGHTVIEW LANDSCAPING, ACE AMERICAN INSURANCE

Workers Compensation Appeals BoardSanctionsAttorney's FeesReconsiderationPetitionWCJNotice of IntentionState Bar SuspensionUnauthorized Practice of LawMaterial Misrepresentation