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

Case No. ADJ 3758765 (LBO 0335564) ADJ 977794 (LBO 0350733)
Regular
Jun 24, 2009

ROBERT BOUQUET, vs. FARBOTECH COLOR INCORPORATED, et al., INK SYSTEMS, INC., et al.

The Appeals Board granted reconsideration for CIGA (ADJ 3758765) and National Fire Insurance (ADJ 977794) due to errors in the Workers' Compensation Judge's (WCJ) decisions. In ADJ 3758765, the WCJ's decision improperly included Legion Insurance and omitted necessary caption corrections, necessitating a new decision. In ADJ 977794, the WCJ failed to rule on National's credit claim, erroneously calculated applicant's earnings, and required caption adjustments. Both cases are returned to the trial level for further proceedings and revised decisions by the WCJ.

CIGAFremont IndemnityNational Fire Insurance CompanyFarbotech ColorInk Systemspetition for reconsiderationFindings and AwardWCJpermanent disabilitytemporary total disability
References
3
Case No. ADJ 10100799
Regular
Apr 26, 2016

DEBORAH HARGRAVE vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board order dismisses Deborah Hargrave's Petition for Removal against Mount Diablo Unified School District. The petitioner withdrew their request for removal. Consequently, the Board has ordered the dismissal of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ 10100799Mount Diablo Unified School DistrictDeborah HargraveOrderFebruary 22016
References
0
Case No. ADJ 244571, ADJ 3315572, ADJ 3817980, ADJ 2004405, ADJ 4239471
Regular
Aug 29, 2008

DIANA HARDMAN vs. COMMUNITY MEMORIAL HOSPITAL, AIG DOMESTIC CLAIMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, CALIFORNIA COMPENSATION INSURANCE COMPANY, FREMONT COMPENSATION COMPANY

The WCAB granted reconsideration of the WCJ's June 16, 2008 decision. The decision is rescinded, and the case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardsPermanent and StationaryPermanent DisabilityApportionmentFurther Medical TreatmentCalifornia Insurance Guarantee AssociationCIGALiquidation
References
3
Case No. ADJ 6989600 ADJ 7517232 ADJ 7597741 ADJ 9169430
Regular
May 02, 2016

RENE MENDOZA (Deceased) DOLORES MENDOZA (Dependent) vs. CITY OF LOS ANGELES DEPARTMENT OF HOUSING AUTHORITY; YORK

This Workers' Compensation Appeals Board case involves a petition for removal filed by a petitioner, who subsequently withdrew it. As a result, the Board ordered the dismissal of the petition. The case originates from the claims of Dolores Mendoza, dependent of the deceased Rene Mendoza, against the City of Los Angeles Department of Housing Authority and York. This dismissal pertains to a decision issued on March 16, 2016.

Petition for RemovalWorkers' Compensation Appeals BoardDismissedApplicantDependentDefendantCase Nos.Van Nuys District OfficeDecisionPetitioner
References
0
Case No. ADJ 9547788, ADJ 9771745, ADJ 9805683
Regular
Mar 24, 2016

MARTIN TORTOLEDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Martin Tortoledo. The dismissal was based on the petitioner's failure to comply with WCAB Rule 10842(b), which requires specific citations to the record to support evidentiary statements. The WCAB emphasized that this rule mirrors appellate court requirements and that litigants cannot shift the burden of searching the record to the Board. Had the petition not been dismissed procedurally, the WCAB would have denied it on the merits as per the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(b)specific references to the recordappellate proceedingswaiver of pointburden of discoveryADM_CASE_NO_ADJ9547788ADM_CASE_NO_ADJ9771745
References
6
Case No. ADJ 4305364 [FRE 020 5853] ADJ 1996561 [FRE 0222582] ADJ 3702453 [FRE 0222581] ADJ 252766 [FRE 0235563]
Regular
Sep 02, 2008

AURORA CHAVEZ vs. SELMA UNIFIED SCHOOL DISTRICT

The petition for reconsideration is denied because lien claimant did not show good cause for its failure to appear at the MSC as allowed by the WCJ.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissal with PrejudiceMandatory Settlement ConferenceNotice of Intent to DismissGood CauseDue ProcessOfficial Address RecordProof of Service
References
3
Case No. ADJ 7511877, ADJ 7396932
Regular
May 03, 2017

MARIA MORALES vs. MONTEBELLO UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP, INC.

The Appeals Board affirmed the WCJ's decision disallowing further payment on Monrovia Memorial Hospital's lien. The court found that Monrovia failed to provide sufficient evidence to establish that its requested charges were reasonable and consistent with a "reasonable cost basis" as required for long-term care hospitals exempt from the Official Medical Fee Schedule. Lien claimants bear the affirmative burden of proving the reasonableness of their liens by a preponderance of the evidence. The Board also noted that discovery was properly closed at the lien conference, precluding Monrovia's delayed introduction of evidence.

Workers' Compensation Appeals BoardJoint Findings and OrderIndustrial InjuryCervical SpineLumbar SpineRight HipBilateral KneesPsycheLien ClaimantMonrovia Memorial Hospital
References
2
Case No. ADJ 4121660 ADJ 4115607
Regular
Sep 05, 2008

Kevin Dickinsen vs. ARAI DESIGN, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and amended the WCJ’s decision to reflect apportionment of 25% to nonindustrial factors, affirming the rest of the decision. Apportionment was based on Dr. Miles' opinion and compliance with legal standards.

Workers Compensation Appeals BoardFindings and AwardReconsiderationPermanent DisabilityApportionmentIndustrial InjuryCumulative TraumaState Compensation Insurance FundAgreed Medical ExaminerAMA Guides
References
6
Case No. ADJ 3722199 ADJ 3863867
Regular
Aug 22, 2008

SALVADOR CASTANEDA vs. NATIONWIDE PAPER, AN INTERNATIONAL PAPER COMPANY

The WCAB affirmed the WCJ’s decision, denying the defendant’s petition for reconsideration of a prior award in favor of the applicant due to wrongful termination in violation of Labor Code section 132a.

Labor Code section 132awrongful terminationdiscriminatory terminationmitigation of damagesvocational rehabilitationreinstatementseniority rightscollective bargaining agreementpermanent disabilitytemporary disability
References
0
Case No. ADJ 8863136, ADJ 9684814
Regular
Jun 15, 2016

RICARDO MORINO vs. BLUE RHINO, FERRELLGAS LP, ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied their petition for removal. This action was based on the WCJ's report, which found that the underlying decision was not a "final" order because it only addressed an intermediate procedural or evidentiary issue, not substantive rights or liabilities. Furthermore, the WCAB found no showing of substantial prejudice or irreparable harm necessary for the extraordinary remedy of removal. Therefore, both the petition for reconsideration and removal were denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
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