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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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ3057068
Regular
Nov 01, 2010

Cecilio Torres vs. Holbrook Construction, Inc., Lincoln General Insurance Company, American Claims Management, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case for further proceedings. The applicant claimed a back and other injuries, alleging he notified his supervisor of the incident and subsequent pain before termination. The Board found the applicant met his burden to prove he provided sufficient notice of injury to his supervisor prior to termination, fulfilling the notice requirement of Labor Code section 3600(a)(10). Defendants failed to rebut the applicant's evidence that he reported the injury and requested medical treatment from his supervisor.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryTerminationPreponderance of EvidenceSupervisor NoticeActual NoticeEmployer KnowledgeWCJ Decision
References
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. OXN 0145183
Regular
May 06, 2008

IMELDA GARCIA vs. COLOMOS BERRY FARMS, INC., ZENITH INSURANCE COMPANY, A Corporation

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior dismissal order, and returned the case to the trial level because the lien claimant was not properly served with the Notice of Intention to Dismiss. This lack of notice deprived the lien claimant of an opportunity to object to the dismissal, and their petition for reconsideration was timely filed upon actual receipt of the dismissal order. Consequently, the matter will proceed with further proceedings at the trial level.

Workers' Compensation Appeals BoardLien claimantReconsiderationDismissal with prejudiceLack of prosecutionNotice of Intention to DismissOfficial Address RecordServicePetition for reconsiderationIndustrial injury
References
Case No. ADJ581749 (VNO 0529719)
Regular
Jul 02, 2012

ARLENE HITE vs. TEPCO (STANDARD ABRASIVES, INC.), EVEREST NATIONAL INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY

This case concerns Clarendon National Insurance Company's petition for reconsideration of an arbitrator's contribution award. Clarendon argued it should not be liable for contribution because it was joined as a defendant over a year after the underlying cumulative trauma claim was settled. The Board denied reconsideration, finding that Clarendon received timely actual notice of Everest's contribution claim within one year of the settlement approval. Therefore, despite the delay in formal joinder, Clarendon cannot show prejudice and is liable for its share of the contribution award.

Workers' Compensation Appeals BoardPetition for ContributionLabor Code section 5500.5Cumulative traumaCompromise and releaseOrder of JoinderNunc pro tuncActual noticeTimely noticePrejudice
References
Case No. VNO 386794, VNO 290443, VNO 401331, VNO 332982
Regular
Aug 08, 2007

ANA PALENCIA vs. SAMCO SCIENTIFIC

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing Albers Medical Pharmacy's lien because there was no proof of service of the dismissal order. The lien claimant did not receive actual notice until much later, making their petition for reconsideration timely. The Board rescinded the dismissal and returned the matter for further proceedings, emphasizing that failure to properly serve a party is a substantive defect.

Albers Medical PharmacyPetition for ReconsiderationOrder Dismissing LienService of ProcessProof of ServiceActual NoticeNotice of Intention to DismissLien ClaimantRescind OrderReturn to Trial Level
References
Case No. ADJ10431269 ADJ10588231
Regular
Feb 26, 2018

JUAN ALVARADO vs. DISCOVERY FOODS, LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied reconsideration, upholding a prior decision. The Board found that the employer, Discovery Foods, LLC, failed to prove applicant Juan Alvarado was adequately notified of his workers' compensation rights. Crucially, Labor Code section 5401(b) mandates notices be in both English and Spanish, and Alvarado does not read English. The Board clarified that general knowledge of the workers' compensation system does not equate to actual knowledge of potential eligibility for a specific injury. Finally, the employer waived the defense of laches by failing to raise it at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5401(b)Spanish language noticeActual knowledgePrejudiceStatute of limitationsTollingLachesWaiver
References
Case No. ADJ1883092 (AHM 0147002)
Regular
Jul 07, 2014

JAMES HUCKABEE vs. RALPHS/THE KROGER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by James Huckabee. The dismissal was based on the petition being untimely. Huckabee had actual notice of the September 4, 2013 Order Dismissing Lien Claim by March 4, 2014, but did not file the petition until May 5, 2014. This exceeded the 20-day jurisdictional deadline for filing a petition for reconsideration after receiving actual notice.

Petition for ReconsiderationUntimely FilingLabor Code section 5903Jurisdictional Time LimitActual NoticeOrder of DismissalLien ClaimDeclaration of Readiness to ProceedPetition for Relief from DefaultCode of Civil Procedure section 473(b)
References
Case No. ADJ3395089 (STK 0177203)
Regular
Mar 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns a monetary sanction proposed against attorney Michael Linn by the Workers' Compensation Appeals Board (WCAB). Linn objected to the sanction, claiming he was denied due process due to a discrepancy in the service date of the WCAB's Notice of Intention. While the Notice stated a February 13, 2009 service date, Linn's evidence indicated actual service on February 17, 2009. Despite this, the WCAB acknowledges the discrepancy but notes Linn's objection was timely based on the actual service date. Consequently, the WCAB grants Linn an additional five days to file further objections.

Workers' Compensation Appeals BoardMonetary SanctionsMichael LinnEsq.Notice of IntentionGood CauseDue ProcessRequisite NoticeObjectionsTimely Response
References
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