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Case Law Database

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

Case No. ADJ8673054
Regular
Nov 01, 2016

BERNADETTE LEVSTIK vs. ACOSTA SALES AND MARKETING, THE HARTFORD

Here's a summary for a lawyer, in four sentences: The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order dismissing a Petition for Reconsideration in the case of Levstik v. Acosta Sales and Marketing. The dismissal occurred because the party who filed the petition voluntarily withdrew it. Consequently, the WCAB is no longer considering the appeal of the September 2, 2016 Findings of Fact, Order, and Award. The matter is now concluded with the dismissal of the reconsideration petition.

Petition for Reconsideration withdrawnDismissal OrderFindings of Fact Order and AwardWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ8673054ACOSTA SALES AND MARKETINGTHE HARTFORDBERNADETTE LEVSTIKVan Nuys District Office
References
Case No. ADJ1942871 (SFO 0484458)
Regular
Jan 05, 2011

ROSALVA ACOSTA vs. ABMI INDUSTRIES

This case involves Rosalva Acosta's workers' compensation claim against ABMI INDUSTRIES. Acosta petitioned for reconsideration of a decision, but the Workers' Compensation Appeals Board (WCAB) denied her request. The WCAB found that her petition for reconsideration of a corrected order was essentially the same as a prior petition and adopted the administrative law judge's report denying the merits of her contentions. Therefore, the WCAB upheld the denial of reconsideration.

WORKERS' COMPENSATION APPEALS BOARDROSALVA ACOSTAABMI INDUSTRIESESISORDER DENYING RECONSIDERATIONWCJFindings Award and OrderWCAB Rule 10859clerical errorscorrected Findings Award and Order
References
Case No. SDO 0217188
Regular
Jan 24, 2008

ROSA A. MONTES vs. LAVA ENTERPRISES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration for a lien claimant, Lang Link Interpreting Services, Inc., regarding underpayment for services. The Board affirmed the administrative law judge's decision, finding that the lien claimant was paid appropriately at the rate set by California Code of Regulations, section 9795.3(b)(2) because they failed to present evidence of their market rate. The Amended Findings and Orders were clarified to reflect this reasoning.

Lien claimantReconsiderationWCJMarket rateTitle 8 California Code of Regulations Section 9795.3(b)(2)UnderpaidClaims administratorInterpreting servicesPetition for reconsiderationAward
References
Case No. ADJ4604933 (LBO 0347944) ADJ441100 (LBO 0347945) ADJ1350325 (LBO 0347946) ADJ2864784 (LBO 0347947) ADJ2043098 (LBO 0339856)
Regular
Nov 08, 2010

PETER AVALOS vs. RALPH'S GROCERY COMPANY

Defendant Ralph's Grocery Company sought reconsideration of an award finding applicant Peter Avalos sustained cumulative trauma injuries. The defendant contested the temporary total disability award, arguing the applicant had left the labor market and the award exceeded the statute of limitations. Furthermore, Ralph's argued the permanent disability finding lacked due process and proper apportionment due to inadmissible evidence and multiple prior injuries. The Appeals Board granted reconsideration to defer the permanent disability issue for further proceedings.

Workers' Compensation Appeals BoardCumulative trauma injuryTemporary total disabilityPermanent disabilityApportionmentLabor marketDue processSubstantial evidencePrivate permanent disability ratingAdmissibility
References
Case No. ADJ10551695
Regular
Sep 13, 2018

JESUS TREVINO vs. YOUNG'S MARKET

This case involves an applicant, Jesus Trevino, against defendant Young's Market. The Workers' Compensation Appeals Board (WCAB) has denied Trevino's Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been officially denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationJesus TrevinoYoung's Marketself-insuredADJ10551695Oakland District Officeadministrative law judge
References
Case No. ADJ7110968
Regular
Apr 09, 2013

CLAUDIA LARA vs. NORTHGATE MARKET, ESIS

This case involves Claudia Lara, applicant, versus Northgate Market and ESIS, defendants. The Workers' Compensation Appeals Board issued an Order Dismissing Petition for Reconsideration. The dismissal is due to the petitioner having withdrawn their petition for reconsideration of the January 13, 2012 decision. Therefore, the petition has been formally dismissed by the Board.

Petition for ReconsiderationWithdrawn PetitionDismissed OrderWorkers' Compensation Appeals BoardApplicantDefendantNorthgate MarketESISPomona District OfficeJanuary 13 2012 decision
References
Case No. ADJ3024498
Regular
Jul 02, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of *Acosta v. Anaya*. This decision was made after an initial review of the record indicated a need for further study of the factual and legal issues. The WCAB granted reconsideration to ensure a complete understanding and to issue a just decision, ordering all related communications to be filed directly with the Commissioners. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the WCAB.

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE
References
Case No. ADJ9052848, ADJ9052856
Regular
Dec 26, 2014

MARIA ROMERO vs. NORTHGATE GONZALEZ MARKETS, ARCH INSURANCE, ESIS, INC.

This case involves Maria Romero and her employer, Northgate Gonzalez Markets. A petition for reconsideration of a prior decision dated October 9, 2014, was filed. The petitioner has since withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalApplicantDefendantNorthgate Gonzalez MarketsArch InsuranceESIS Inc.ADJ9052848ADJ9052856
References
Case No. ADJ8128134
Regular
Nov 06, 2014

ABRAHAM MERCADO vs. SUPER KING MARKETS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves Abraham Mercado's workers' compensation claim against Super King Markets and its insurer. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Mercado's Petition for Reconsideration. The dismissal was based on the grounds that the petition was filed untimely. The WCAB adopted the findings of the administrative law judge's Report and Recommendation.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyDismissalSuper King MarketsCalifornia Insurance Guarantee AssociationSedgwick Claims Management ServicesUllico Insurance CompanyLiquidationAdministrative Law Judge
References
Case No. ADJ8332892, ADJ8584295
Regular
Oct 10, 2014

DEANNA SATTERWHITE vs. WHOLE FOODS MARKET, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by Whole Foods Market, as it was withdrawn by the petitioner. This dismissal is based solely on the petitioner's withdrawal of their appeal. The Workers' Compensation Judge (WCJ) retains the authority to proceed with a recommendation for sanctions at the trial level. Consequently, the WCAB officially orders the dismissal of the petition for reconsideration.

Petition for ReconsiderationDismissedSanction RecommendationWorkers' Compensation Appeals BoardTrial LevelWCJWithdrawn PetitionGallagher Bassett ServicesWhole Foods MarketDeanna Satterwhite
References
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