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Case Law Database

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

Case No. ADJ3856430 (LAO 0853077)
Regular
Aug 24, 2012

XIAO BIN ZHOU vs. EASTCOM, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Xiao Bin Zhou's petition for reconsideration of a prior decision. The dismissal is based on the petitioner's withdrawal of the reconsideration request. The original decision dates were August 11, 2010, and/or November 1, 2010.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCase No. ADJ3856430LAO 0853077Xiao Bin ZhouEastcom Inc.Employers Compensation Insurance CompanyAugust 11 2010
References
Case No. ADJ6817273
Regular
May 11, 2015

MARGARITA RODRIGUEZ vs. TARGET CORPORATION, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied Target Corporation's petition for removal to the WCAB. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration is inadequate. The WCAB found that Target failed to demonstrate either of these conditions, adopting the Workers' Compensation Judge's (WCJ) reasoning that the defendant was properly served with notice of the hearing. The Board also admonished defense counsel for failing to include their bar numbers on the petition.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationWCJ reportlien conferenceDeclaration of Readinessnotice of hearinge-mail service
References
Case No. ADJ8592694
Regular
Oct 18, 2013

ARMEN KESHISHIAN vs. ONE STOP INTERNET, INC., COMPANION CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration in the case of Armen Keshishian v. One Stop Internet, Inc. et al. This reconsideration was granted to allow for a more thorough review of the factual and legal issues presented. The WCAB intends to conduct further proceedings to ensure a just and reasoned decision. All future communications regarding this case must be submitted in writing directly to the WCAB Commissioners' office in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTEDJuly 25 2013STATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONDECISION AFTER RECONSIDERATIONOFFICE OF THE COMMISSIONERSSAN FRANCISCO
References
Case No. ADJ8049638 ADJ7582811
Regular
Jan 08, 2014

MARIA FLORES vs. WALGREENS, ZURICH AMERICAN INSURANCE COMPANY

This case concerns a petition for removal filed by Maria Flores against Walgreens and its insurer. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the WCAB adopted the judge's report and ordered the petition denied. Consequently, the matter will proceed without removal to a higher administrative level at this stage.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenial of RemovalADJ8049638ADJ7582811WalgreensZurich American Insurance CompanySedgwick CMSSan Bernardino District Office
References
Case No. ADJ9989525 MF, ADJ9989520, ADJ9990228
Regular
Apr 24, 2017

SONIA MENJIVAR vs. SAN GABRIEL COUNTRY CLUB, ATHENS ADMINISTRATORS

In this case, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration and removal. The Board adopted the reasoning of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. Therefore, the applicant's request to review and potentially alter the ruling was unsuccessful.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWorkers' Compensation Administrative Law JudgedenialSan Gabriel Country ClubAthens AdministratorsADJ9989525ADJ9989520ADJ9990228
References
Case No. ADJ4115739 (VNO 0487593)
Regular

ZACH WALZ vs. ARIZONA CARDINALS; RISK ENTERPRISE 2314 BREA

This Workers' Compensation Appeals Board case, concerning applicant Zach Walz against defendants Arizona Cardinals and Risk Enterprise, resulted in an order granting a petition for reconsideration. All future case-related communications are to be directed to the Commissioners' Office in San Francisco, pending the issuance of a Decision After Reconsideration. The order was dated and filed on October 11, 2001.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationCommissioners' OfficeADJ4115739VNO 0487593VNO 0487351VNO 0487591VNO 0487592Arizona Cardinals
References
Case No. ADJ2417988
Regular
Oct 01, 2010

PHILLIP NEELY vs. GTE CORPORATION/ACE USA as administered by BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration in the case of Phillip Neely v. GTE Corporation/ACE USA. This decision allows the WCAB further time to thoroughly review the factual and legal issues presented. The reconsideration is necessary to ensure a complete understanding of the record for a just and reasoned decision. All future communications related to this matter should be directed to the Commissioners' Office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGTE CorporationBroadspirestatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationCommissioners' OfficeAdelson Testan & Brundo
References
Case No. ADJ8209565
Regular
Feb 20, 2013

MARIA ARRIOLA vs. DOLE FRESH VEGETABLES, SPECIALTY RISK

This Workers' Compensation Appeals Board order dismisses Maria Arriola's Petition for Reconsideration. The Board found the petition was not taken from a final order and was untimely filed. Therefore, the petition is dismissed.

Petition for ReconsiderationFinal OrderTimely-FiledWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedADJ8209565Dole Fresh VegetablesSpecialty RiskDeidra E. Lowe
References
Case No. VNO 466077, VNO 466078
Regular
Apr 10, 2008

PABLO GONZALEZ vs. CHECK MATE STAFFING, UEBTF DEPENDABLE HIGHWAY EXPRESS, COMMERCE & INDUSTRY INSURANCE COMPANY C/O AIG DOMESTIC CLAIMS

This case involves a defendant's petition for reconsideration regarding a Notice of Intention (NIT) to approve a settlement that unilaterally added a reimbursement obligation to the Uninsured Employers Benefits Trust Fund (UEBTF). The Appeals Board granted reconsideration, rescinding the NIT due to procedural defects, including improper service and a violation of the defendant's due process rights by unilaterally altering the settlement terms. The Board allowed the underlying Compromise and Release agreement to stand, as it was properly executed and did not contain the disputed reimbursement clause.

UEBTFAdelson Testan Brundo & JimenezNotice of IntentionApproval OrderReimbursementGeneral Special EmploymentThomas WaiverCompromise and ReleaseLabor Code sections 3715(e)3717
References
Case No. RIV 0079075, RIV 0072037
Regular
Dec 21, 2007

JOSEPH VIGARI vs. ARNOLD PALMER'S RESTAURANT, EMPLOYER'S COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a September 27, 2007 decision. This action was taken to allow the WCAB sufficient time to further study the factual and legal issues in the case. A final decision after reconsideration is pending.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionSeptember 27 2007 decisionFactual and legal issuesJust and reasoned decisionFurther proceedingsReconsideration UnitSan Francisco CaliforniaAdelson Testan Brundo Jimenez
References
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