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Case Law Database

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

Case No. ADJ4350794
Regular
Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportSupplemental PetitionDeny ReconsiderationCal.Code Regs. tit. 8 § 10848County of SacramentoHarold J. RuckerADJ4350794SAC 0361547
References
Case No. ADJ4352428 (SJO 0247037)
Regular
May 28, 2009

CANDACE GOLD vs. ARH RECOVERY HOMES, STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Candace Gold. The Workers' Compensation Appeals Board reviewed the petition and the Workers' Compensation Administrative Law Judge's report. Finding no grounds for review, the Board denied the petition for reconsideration. The decision was officially filed and served on May 28, 2009.

WORKERS' COMPENSATION APPEALS BOARDReconsideration DeniedWCJ Report AdoptedADJ4352428ARH RECOVERY HOMESSTATE COMPENSATION INSURANCE FUNDCANDACE GOLDORDER DENYING RECONSIDERATIONRONNIE G. CAPLANEJ. A. Klee
References
Case No. ADJ1738288 (STK 0190763) ADJ2794711 (STK 0190762) ADJ1287276 (STK 0190764) ADJ1593256 (STK 0190765) ADJ2352943 (STK 0190766)
Regular
Feb 04, 2010

GLORIA VANOVER-LOPEZ vs. WESTLAND TECHNOLOGY and CIGA and ITS SERVICING FACILITY, INTERCARE INSURANCE SERVICES, for PNIC IN LIQUIDATION

This case involves a petition for reconsideration filed by the defendant, Westland Technology and its insurers, regarding a previous decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB determined that reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future communications should be directed to the Office of the Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGLORIA VANOVER-LOPEZWESTLAND TECHNOLOGYCIGAPNIC IN LIQUIDATIONINTERCARE INSURANCE SERVICESSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ1623600 (MON 0354197) ADJ974474 (MON 0332412)
Regular
Dec 10, 2010

ODILA VALLADARES vs. J.A.M. INDUSTRIES, AMERICAN HOME ASSURANCE/ AIG

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a September 14, 2010 decision. This action was taken due to statutory time constraints and a need for further study of the factual and legal issues. The Board aims to achieve a complete understanding of the record to issue a just and reasoned decision. All future communications should be directed to the Appeals Board Commissioners in San Francisco, not a local office, pending a Decision After Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersDeputy CommissionerAlfonso J. MoresiNeil P. Sullivan
References
Case No. ADJ3590098 (AGO 0012985) ADJ1209123 (AGO 0012984) ADJ3901810 (AGO 0012983)
Regular
Apr 07, 2009

GERALDINE UMBENHAUER vs. J.C. PENNEY, LIBERTY MUTUAL INSURANCE COMPANY

This case involves Geraldine Umbenhauer's claims for industrial injuries sustained while working for J.C. Penney. The administrative law judge (WCJ) found three injuries to the back, knees, and hands, but denied claims for psychological, internal, and fibromyalgia conditions. The WCJ awarded 53% permanent disability, apportioning 50% to non-industrial causes, and a ten-year period of temporary disability. The Appeals Board granted reconsideration due to a lack of support in the record for the WCJ's 50% apportionment of bilateral knee disability, ordering the matter returned for a new determination on apportionment and further proceedings regarding temporary disability indemnity.

WORKERS' COMPENSATION APPEALS BOARDGERALDINE UMBENHAUERJ.C. PENNEYLIBERTY MUTUAL INSURANCE COMPANYADJ3590098ADJ1209123ADJ3901810OPINION AND ORDERSGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATION
References
Case No. ADJ7731222
Regular
Apr 29, 2014

J. MICHAEL DEVROOM (Deceased), PAMELA FELCHER (Widow) vs. DEPARTMENT OF CONSUMER AFFAIRS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision except for specific amendments. The applicant's widow, Pamela Felcher, was awarded a $250,000 death benefit for her deceased husband, J. Michael Devroom, with payments commencing June 23, 2010. This award is subject to credit for CALPERS payments and attorney fees, and the deceased was found to be a safety-classified employee exempting him from certain statutory limitations. Additionally, Ms. Felcher is entitled to $2,109.02 for burial expenses, and attorney fees of $37,500 are awarded.

Workers' Compensation Appeals BoardPamela FelcherJ. Michael DevroomDepartment of Consumer AffairsState Compensation Insurance FundPetition for ReconsiderationDecision After ReconsiderationDeath BenefitCALPERS CreditLabor Code Section 4707(b)
References
Case No. ADJ8235335 ADJ10301846
Regular
Dec 23, 2019

JACK KESSLER vs. E&J GALLO WINERY

This case involves a Petition for Reconsideration filed by E&J Gallo Winery that was dismissed as untimely. The petition was filed on October 28, 2019, exceeding the 25-day jurisdictional deadline for filing after the WCJ's September 30, 2019 decision. The Appeals Board emphasized that filing proof of mailing within the deadline is insufficient; the petition must be received by the Board. Furthermore, the Board noted that the same issues raised had been previously addressed, warranting potential sanctions for frivolous conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitMailing vs. FilingWCJ DecisionSanctionsFrivolous ConductReconsideration DenialAdministrative Law Judge
References
Case No. ADJ1575513 (ANA 0339482) ADJ4199991 (ANA 0342546)
Regular
Jun 16, 2017

ELIZABETH ORTEGA vs. REMEDY TEMPORARY SERVICES, RELIANCE NATIONAL INSURANCE, In Liquidation, Adjusted By INTERCARE INSURANCE COMPANY, J.C. PENNEY, LIBERTY MUTUAL INSURANCE COMPANY

This case involves Applicant Elizabeth Ortega's workers' compensation claim against Remedy Temporary Services, Reliance National Insurance, J.C. Penney, and Liberty Mutual Insurance Company. The Workers' Compensation Appeals Board reviewed the petition for reconsideration filed by one of the parties. After careful consideration of the record and the report of the workers' compensation judge, the Board denied the petition.

Workers Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law Judgedenial of reconsiderationRemedy Temporary ServicesReliance National InsuranceIntercare Insurance CompanyJ.C. PenneyLiberty Mutual Insurance CompanyElizabeth Ortega
References
Case No. ADJ4655433 (STK 0183897) ADJ4135432 (STK 0183898)
Regular
Sep 08, 2010

CARMELA GARCIA vs. E & J GALLO WINERY, P.S.I.

This case concerns a request for supplemental attorney's fees following an unsuccessful petition for writ of review by defendant E & J Gallo Winery. The Court of Appeal previously granted the applicant's request for fees under Labor Code § 5801 and remanded the matter. The applicant's attorney requested $3,150.00 for services related to answering the petition, which the defendant did not dispute in amount, only in principle. The Workers' Compensation Appeals Board found the requested amount reasonable and issued a supplemental award of $3,150.00 in attorney's fees.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feessupplemental awardpetition for writ of reviewremittiturreasonable basisapplicantdefendantE & J Gallo Winery
References
Case No. ADJ3002774
Regular
Jun 10, 2014

ROWLAND COX vs. J.F. SHEA CONSTRUCTION, INC., AMERICAN HOME ASSURANCE INSURANCE COMPANY, CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board denied a Petition for Removal filed by Rowland Cox against J.F. Shea Construction, Inc. and its insurer. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. No specific grounds for the denial or details of the underlying case are provided in this order.

Petition for RemovalWorkers' Compensation Appeals BoardJ.F. Shea ConstructionAmerican Home AssuranceChartis ClaimsWorkers' Compensation Administrative Law JudgeADJ3002774LAO 0882805Anaheim District OfficeDenying Removal
References
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