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

Case No. ADJ9358843
Regular
May 26, 2017

AMTONIO GIRON vs. JVC, INC. DBA COOKS CORNER BODY SHOP, AMTRUST

The Workers' Compensation Appeals Board granted reconsideration for lien claimant California Imaging's petition. The Board rescinded the prior order that dismissed California Imaging's lien. The decision adopted the reasoning presented in the workers' compensation administrative law judge's report. This means the lien previously dismissed will now be reinstated for further consideration.

Workers' Compensation Appeals BoardLien DismissalReconsideration GrantedPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJLien ClaimantCalifornia ImagingOrder Dismissing LienRescinded
References
0
Case No. ADJ433589 (VNO 0467795)
Regular
Dec 19, 2013

GLADYS GIRON vs. JUDITH LARSON, IDEAL FOODS, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied Gladys Giron's Petition for Reconsideration. The Board admonished applicant's counsel for multiple procedural violations in the petition, including exceeding page limits with improper formatting and appending improperly admitted evidence. Furthermore, the petition's tone bordered on impugning the Workers' Compensation Judge's integrity, which is sanctionable. Finally, an unfiled Response was submitted by applicant's counsel.

Petition for ReconsiderationWCJ ReportApplicant's CounselPage Limit ViolationFont Size ViolationLinespacing ViolationRule 10842(c)Rule 10856Catering Truck and Route AgreementSworn Statement
References
0
Case No. ADJ2661017
Regular
May 17, 2010

HECTOR AGUILAR vs. AMZ PACKAGING, INC., EVEREST NATIONAL INSURANCE COMPANY

This case concerns a dispute over the division of attorneys' fees between former counsel, Lionel Giron, and current counsel, Charles Clark, from a settlement of $25,000. The WCJ initially awarded $600 to Giron and $3,150 to Clark. After a contested hearing involving allegations of fraud by Clark against Giron, the WCJ issued an order vacating the prior division. Due to contested notice issues and alleged prior commitments preventing Giron's appearance at a subsequent hearing, the Appeals Board granted reconsideration. The Board rescinded the WCJ's February 23, 2010 Findings and Order and returned the matter for a new hearing to allow Giron to present his case on fee division.

Workers' Compensation Appeals BoardADJ2661017LAO 0841910AMZ PackagingInc.Everest National Insurance CompanyLien claimantReconsiderationWCJ Findings and OrderCompromise and Release
References
1
Case No. ADJ8059380
Regular
May 11, 2016

ALVARO ABARCA vs. REIMER FARMS, AMTRUST NORTH AMERICA

This case concerns a dispute over attorney's fees where applicant's attorney, Giron, failed to appear at a lien conference. The WCJ ordered Giron to forfeit his share of the fees to the applicant's former attorneys due to non-appearance. The Appeals Board rescinded this order, finding a potential due process violation due to unclear notice and a lack of opportunity for Giron to be heard on the fee division. The matter was returned to the WCJ to determine reasonable attorney's fees and consider potential sanctions for Giron's conduct.

ADJ8059380Alvaro AbarcaReimer FarmsAmtrust North AmericaLaw Offices of Lionel GironQuinlan Kershawattorney feeslien conferencereconsiderationWorkers' Compensation Appeals Board
References
10
Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
0
Case No. ADJ878030 (MON 0360260) ADJ3081052 (MON 0358854)
Regular
Jul 11, 2012

AMTONIO MONTERO vs. HERRICK CORPORATION, MATRIX ABSENCE MANAGEMENT

In *Montero v. Herrick Corporation*, the Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration of an arbitrator's decision. The WCAB found that the statutory time constraints necessitated further study of the factual and legal issues. This reconsideration is intended to allow for a complete understanding of the record and for the arbitrator to file a Report and Recommendation. Accordingly, the WCAB granted reconsideration for these purposes and any further appropriate proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's decisionStatutory time constraintsFactual and legal issuesReport and RecommendationGranting reconsiderationAntonio MonteroHerrick CorporationMatrix Absence Management
References
0
Case No. ADJ6859121
Regular
Mar 24, 2016

ALVARO GIRON vs. ARI THANE FOAM PRODUCTS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The WCAB found that the applicant failed to demonstrate such prejudice, particularly concerning a dispute over Dr. Laqui's deposition fees. The WCAB adopted the WCJ's report, which concluded that reconsideration would be an adequate remedy if necessary. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorQME panelinternal medicinerheumatologydepositionrecord reviewfee schedulesubstantial prejudice
References
2
Case No. ADJ9364839
Regular
Dec 15, 2016

AARON TELLEZ GIRON vs. NATIONAL STORES, INC.; THE HARTFORD, Administered By GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and granted the applicant's petition. The Board affirmed the original finding of industrial back injury but amended a finding to state the applicant's claim is not barred by the post-termination defense (Labor Code §3600(a)(10)). The case is returned to the trial level for adjudication of all other issues.

Workers' Compensation Appeals BoardIndustrial InjuryLabor Code Section 3600(a)(10)Post-Termination DefensePetition for ReconsiderationFindings and OrderDecision After ReconsiderationLoss Prevention District ManagerBack InjuryReporting Injury
References
0
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