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

Case No. ADJ2409827 (VNO 0509989)
Regular
Apr 17, 2014

ALICIA EVANS vs. SOUTHERN CALIFORNIA GAS COMPANY

The Workers' Compensation Appeals Board denied reconsideration of its prior decision concerning Alicia Evans and Southern California Gas Company. While the lien claimant's petition touched upon sanctions, it failed to meet the procedural requirements for reconsideration under Labor Code sections 5902 and 5904, and WCAB Rules 10842, 10846, and 10852. Specifically, the petition lacked detailed grounds, specific record references, and legal arguments, instead presenting a conclusory assertion that the facts mandated a win. Consequently, the Board adopted the judge's report and denied the petition.

WCABPetition for ReconsiderationLabor Code section 5813WCAB Rule 10561bad faithfrivolous conductlien claimantsanctionsLab. Code§ 5902
References
Case No. ADJ10550101
Regular
Apr 08, 2019

MONALISA JIMENEZ vs. CCI TEHACHAPI, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration and removal. The WCAB found the petition for removal was improperly filed as reconsideration was an adequate remedy. The petition for reconsideration was dismissed because it was "skeletal," failing to meet the specificity requirements of Labor Code § 5902 and Appeals Board Rules regarding citation to the record and detailed grounds.

WCABPetition for ReconsiderationPetition for Removalskeletal petitionAOE/COEfinal ordersubstantive rightthreshold issueLabor Code § 5902Appeals Board Rule 10842
References
Case No. ADJ3974267 (VNO 0540589) ADJ9338120
Regular
Oct 27, 2014

DIANN DOUGHTY vs. WAL-MART ASSOCIATES, INC., YORK INSURANCE COMPANY

This case involves Diann Doughty's Petition for Reconsideration against Wal-Mart Associates, Inc. and York Insurance Company. The Workers' Compensation Appeals Board dismissed the petition. The dismissal was based on the reasons outlined in the administrative law judge's report, which the Board adopted. Additionally, the petition was dismissed as it was unverified, a procedural defect under Labor Code Section 5902.

Petition for ReconsiderationDismissalUnverified PetitionLab. Code § 5902Lucena v. Diablo Auto BodyWorkers' Compensation Appeals BoardAdministrative Law JudgeWal-Mart AssociatesInc.York Insurance Company
References
Case No. ADJ8081691
Regular
Jul 24, 2013

MARIO INTROINI vs. EIU OF CALIFORNIA, THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS CLAIMS, INC.

This Workers' Compensation Appeals Board case dismissed a Petition for Reconsideration as untimely because it was filed more than 25 days after the decision date, exceeding the statutory limit. The petition was also dismissed for failing to be verified as required by Labor Code section 5902. Even if timely and verified, the Board would have denied the petition on the merits. The dismissal is based on both procedural defects and the WCJ's recommendation.

Petition for ReconsiderationuntimelyLien claimantWCJ ReportLabor Code § 5903Code of Civil Procedure § 1013unverified petitionLabor Code § 5902denied on meritsWorkers' Compensation Appeals Board
References
Case No. ADJ9214898
Regular
Dec 22, 2016

WALTER HERSOM vs. ALLIED BUILDING PRODUCTS CORPORATION/OLDCASTLE, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Walter Hersom's Petition for Reconsideration. The Board found the petition to be "skeletal" and lacking specific references to the record and legal principles, as required by Labor Code section 5902 and Board Rules. Consequently, the petition failed to meet the standards for a valid reconsideration request. The Board incorporated the reasoning of the workers' compensation judge in its decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852skeletal petitionmaterial evidencespecific references
References
Case No. ADJ9057724
Regular
Jan 03, 2017

JOSE ESPINOZA vs. Bechtel Group, Inc., Insurance Company of the State of Pennsylvania, Administered By American International Group, Inc.

The Workers' Compensation Appeals Board dismissed Jose Espinoza's Petition for Reconsideration because it was skeletal and unsupported by specific references to the evidence or legal principles. The petition also failed to meet the verification requirement of Labor Code section 5902. The Board would have denied the petition on its merits even if it had been properly filed. Therefore, the applicant's claim for a stroke injury, which was previously denied by the WCJ, remains dismissed.

Petition for ReconsiderationDismissalSkeletal PetitionUnverified PetitionWCAB RulesLabor Code 5902Findings & OrderIndustrial InjuryStroke ClaimHeavy Equipment Operator
References
Case No. ADJ218048 (VNO 0530772) ADJ1017219 (VNO 0373730) ADJ2748924 (VNO 0373487)
Regular
Apr 20, 2018

GILBERT TORRES vs. BEVERLY COMMUNITY HOSPITAL; Permissibly Self-Insured; administered by KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by Beverly Community Hospital. The dismissal was based on the petition being "skeletal" and failing to meet the specific pleading requirements outlined in Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852. Specifically, the petition did not detail the grounds for reconsideration, cite the record, or explain how the evidence failed to support the findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalSkeletal PetitionLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Administrative Law JudgeApplicant
References
Case No. ADJ10175718
Regular
Nov 13, 2018

MARJORIE MARLOW vs. AT&T

The Workers' Compensation Appeals Board dismissed AT&T's Petition for Reconsideration because it was a "skeletal" filing. The petition failed to specifically detail the grounds for reconsideration, cite relevant evidence from the record, or explain how the findings were unsupported. The Board emphasized that petitions must comply with Labor Code section 5902 and Appeals Board Rules 10842, 10846, and 10852. Without these specific details, a petition is subject to dismissal.

Petition for ReconsiderationSkeletal PetitionLabor Code § 5902Appeals Board RulesRule 10842Rule 10846Rule 10852Specific References to RecordGrounds for ReconsiderationMaterial Evidence
References
Case No. ADJ1160669 (VNO 0449176) ADJ1286605 (VNO 0449172) ADJ3447679 (VNO 0449169) ADJ3802766 (VNO 0449166) ADJ4061917 (VNO 0449171)
Regular
Jul 15, 2014

LAURO GUERRERO vs. UNIVERSAL ALLOY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves a Petition for Reconsideration that was dismissed by the Workers' Compensation Appeals Board. The Board adopted the findings of the administrative law judge, stating the petition was improper because it was not taken from a final order and the hearing had been canceled. Furthermore, the petition was dismissed as it was not verified, violating Labor Code section 5902. The Board admonished the lien claimant's attorney for the filing, noting potential sanctions for wasting judicial resources.

Petition for ReconsiderationFinal OrderWorkers' Compensation Appeals BoardDismissalWCJ ReportAdmonishmentLien ClaimantSanctionsUnverified PetitionJurisdictional Requirements
References
Case No. ADJ10572792
Regular
Nov 30, 2018

JOHNNY MORAGA vs. CHAFFEY COMMUNITY COLLEGE, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was filed untimely, over ten months after the WCJ's Order Approving Compromise and Release was personally served on November 2, 2017. Furthermore, the petition lacked the required verification under Labor Code section 5902, and the applicant failed to cure this defect after notice. The WCAB also noted that the petition would have been denied on the merits if not for the procedural defects.

Petition for ReconsiderationTimelinessPersonal ServiceLabor Code 5900Labor Code 5903WCAB Rule 10507WCAB Rule 10508Jurisdictional Time LimitVerification RequirementLabor Code 5902
References
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