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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10544189
Regular
Nov 09, 2018

MARTIN GARCIA vs. HARVEST CHURCH, GUIDEONE MUTUAL

This case involves an applicant seeking an increased permanent impairment rating for a psychiatric injury stemming from a physical injury to his left foot. The applicant's injury occurred when a gate fell on his foot, and he claims this constitutes a "violent act" under Labor Code section 4660.1(c)(2)(A), which allows for exceptions to a general rule against increased impairment ratings for psychiatric issues arising from physical injuries. The Appeals Board denied reconsideration, affirming the WCJ's finding that the gate falling was an accidental injury, not a violent act, based on definitions involving strong physical force or extreme threats. The Board found the applicant's experience lacked the intensity seen in prior cases of violent acts, such as being struck by a car or being crushed in a vehicle.

AOE/COEViolent ActLabor Code Section 4660.1Psychiatric InjuryPermanent Impairment RatingPetition for ReconsiderationFindings of FactWorkers' Compensation Judge (WCJ)Industrial InjuryPreponderance of the Evidence
References
Case No. ADJ7469887, ADJ4689210, ADJ6906409
Regular
Apr 30, 2018

Donald Yeager vs. CALPORTLAND COMPANY, MITSUI SUMITOMO INSURANCE USA, INC.

The Workers' Compensation Appeals Board granted applicant's petition for removal to address an unclear administrative law judge (WCJ) order reassigning the trial. The Board found the record lacked sufficient evidence to support the reassignment, particularly regarding how a prior assignment order was disregarded. Consequently, the Board rescinded the reassignment order and returned the matter to the Presiding WCJ for further proceedings to establish an adequate record and determine any valid grounds for reassignment. This action ensures proper procedure and evidence review before a final decision.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentPresiding WCJQualified Medical Evaluator (QME)ReconsiderationSubstantial PrejudiceIrreparable HarmDiscovery IssuesMandatory Settlement Conference (MSC)
References
Case No. ADJ2957106 (VNO 0541600)
Regular
Feb 11, 2014

GLENWOOD KIRBY BUSCHMAN vs. GARY D. DAVIS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification of WCJ George Ferris. The Board found the petition to be successive, as it repeated previously denied claims, and moot because the WCJ has retired. Therefore, no further appeal regarding this disqualification is available before the Board.

Petition for DisqualificationSuccessive PetitionMoot PetitionWCJPresiding WCJWorkers' Compensation Appeals BoardAutomatic ReassignmentDenied PetitionCrowe Glass Co.Industrial Accident Commission
References
Case No. ADJ7298159
Regular
Feb 03, 2014

Keisha Boston vs. Regents of University of California

This Workers' Compensation Appeals Board case involves an employee's discriminatory termination claim under Labor Code section 132a. The applicant alleged a continuing pattern of discriminatory conduct by the employer from her return-to-work date until her eventual termination. Initially, a WCJ found the claim untimely, asserting it was filed more than three years after the last discriminatory act. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the claim timely. The Board concluded that the applicant's section 132a petition, filed on October 21, 2011, was within one year of her termination and the last alleged discriminatory act on November 1, 2011, thus preserving the claim.

Labor Code section 132aPetition for ReconsiderationStatute of LimitationsContinuing Violation DoctrineDiscriminatory ActTerminationIndustrial InjuryPrima Facie CaseStipulations and AwardInteractive Process
References
Case No. ADJ2989355
Regular
Feb 18, 2009

JEANETTE WATTS vs. PROJECT OPEN HAND, STATE COMPENSATION INSURANCE FUND

This case involves a settlement reached via a Compromise and Release Agreement. The Workers' Compensation Appeals Board granted reconsideration based on the settlement, which included the withdrawal of all petitions for reconsideration. Consequently, the Board rescinded the prior WCJ decision and returned the case to the trial level for further proceedings and a new decision. This action ensures that if the settlement is not approved by the WCJ, the prior decision can be reinstated.

Compromise and ReleaseReconsiderationRescinded DecisionTrial LevelWorkers' Compensation Appeals BoardWCJPetition for ReconsiderationSettlement ApprovalFurther ProceedingsAward and Order
References
Case No. ADJ6880109
Regular
Feb 15, 2023

NANCY RODRIGUEZ vs. HSBC, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES INC.

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal. This action rescinded a previous Minute Order and returned the case to the Presiding Judge WCJ. The goal is to reassign the case to a new WCJ for a fresh review of all evidence and arguments. This ensures a new judge can properly address pending issues and determine the future course of the proceedings.

Petition for RemovalDecision After RemovalWCJWorkers' Compensation Appeals BoardStipulations and Issuespending retirementreassignmentMinute Orderrescindedtaken off calendar
References
Case No. ADJ3507926 (MON 0335218)
Regular
Mar 04, 2013

Douglas Maida vs. GEP Entertainment Services, AIG Claim Services, Inc.

The applicant's attorney sought to withdraw from representation due to a breakdown in the attorney-client relationship, primarily stemming from the applicant's frustration over a credit issue. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the WCJ's order denying withdrawal was not a final order. However, the Board granted the petition for removal, rescinded the WCJ's order, and allowed the attorney's withdrawal. The case is returned to the Presiding Judge to address the unresolved credit issue, potentially through a settlement conference with the applicant appearing in pro per.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJWithdrawal of AttorneyCumulative TraumaStipulations with Request for AwardPermanent DisabilityCreditThird Party Case
References
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
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