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

Case No. ADJ6627328
Regular
Aug 16, 2010

MANUEL ALEMAN vs. TOWER CLEANING SYSTEMS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an Order Approving Compromise & Release (OACR) due to potential procedural issues regarding the timeliness of the applicant's petition and the adequacy of the underlying settlement. The Board found the petition timely filed as service of the OACR was not properly documented. Furthermore, there were significant deficiencies in the medical evidence available to assess the OACR's adequacy, particularly concerning the applicant's claimed injuries to the psyche, neck, back, and neurological system. Consequently, the OACR was rescinded, and the case was returned to the trial level for further proceedings.

Order Approving Compromise & ReleasePetition for ReconsiderationWCABWCJDismissal of AttorneyTimelinessService of ProcessAdequacy of Compromise & ReleaseMedical ReportsEAMS
References
10
Case No. ADJ10340256, ADJ10334028
Regular
Jul 01, 2018

RONALD BOGLE vs. SELECT STAFFING INC., CORVEL

The Workers' Compensation Appeals Board granted reconsideration, rescinded an Order Approving Compromise and Release, and returned the case for further proceedings. The Board found the petition for reconsideration to be timely due to a lack of proof of service of the original order. Crucially, the Board determined the prior settlement was inadequate because the applicant was unrepresented, lacked legal consultation, and the basis for the $1000 payment was unclear, especially given an ongoing injury claim. The settlement's adequacy will now be re-evaluated at the trial level.

Petition for ReconsiderationOrder Approving Compromise and ReleaseCompromise and ReleaseWorkers' Compensation JudgeWCJapplicantdefendantspecific injurycontinuous traumamedical treatment
References
1
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ234762, ADJ2358121, ADJ2518900, ADJ3669155, ADJ684024, ADJ806318, MON 0356645, MON 0356646, MON 0356647, VNO 0479411, VNO 0479412, VNO 0547904
Regular
Nov 07, 2013

DALILA CHOTO vs. LSG SKYCHEFS, LIBERTY MUTUAL

This case involves a defendant's petition for reconsideration of an order vacating a Compromise and Release agreement. The Appeals Board dismissed the petition, holding that reconsideration may only be had of final orders, and the prior decision to vacate the agreement for further review of its adequacy was an interlocutory procedural order. The Board also emphasized its inherent authority to review the adequacy of settlement agreements. Additionally, the Board admonished defense counsel for using unprofessional and disrespectful language in the petition.

WCABReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseInterlocutory OrderFinal OrderAdequacy of SettlementMedical LiensElectronic Adjudication Management SystemJudicial Authority
References
10
Case No. ADJ3458168 (OAK 0347004)
Regular
Dec 09, 2011

JOSEPH BULGO vs. ALCATEL-LUCENT, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over permanent disability benefits for an applicant who sustained industrial injuries to his bilateral upper extremities and cervical spine. The original award found 73% permanent disability, but both applicant and defendant sought reconsideration. The applicant argued the indemnity and life pension rates were incorrectly calculated and the award failed to address Labor Code section 4658(d) adjustments. The defendant contended the 73% rating was too high by including upper extremity strength loss. The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings at the trial level, while denying the defendant's reconsideration request.

ALCATEL-LUCENTLIBERTY MUTUAL INSURANCE COMPANYWORKERS' COMPENSATION APPEALS BOARDFINDINGS AND AWARDRECONSIDERATIONPERMANENT DISABILITYBILATERAL UPPER EXTREMITIESCERVICAL SPINELABOR CODE SECTION 4658(d)LIFE PENSION
References
2
Case No. OAK 0291213
Regular
Oct 03, 2007

Deborah Thompson vs. EAST BAY MUNICIPAL UTILITY DISTRICT, OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board dismissed a lien claimant's petition as unverified, but granted reconsideration for another lien claimant, Webster Surgery Center. Consequently, Webster's lien claim will be deferred for further proceedings at the trial level, while the original order regarding Bay Surgery Center was effectively upheld by dismissal.

Workers' Compensation Appeals BoardReconsideration DeniedReconsideration DismissedReconsideration GrantedLien ClaimUnverified PetitionLabor Code Section 5902Deferred LienFindings of FactDecision After Reconsideration
References
2
Case No. ADJ1662150 (LAO 0883291) ADJ3538875 (LAO 0869896)
Regular
Apr 08, 2011

CLAUDIA LARRAVE vs. BERNARD'S PARKING SERVICES, INC., CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration for case ADJ3538875 regarding cumulative trauma injury. However, they granted reconsideration for case ADJ1662150, affirming the finding of industrial injury to the applicant's back, neck, and psyche with 23% permanent disability. The Board also amended the award to allow the applicant's former attorney to pursue their lien, ordering current counsel to hold their fee in trust pending resolution. Defendant's request for credit for advances from another employer was denied as it was raised for the first time on reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsIndustrial InjuryPermanent DisabilityAttorney's FeesCumulative TraumaLabor Code Section 5405Substantial Medical EvidencePermanent Disability Advances
References
0
Case No. EUR 0038527
Regular
Jan 25, 2008

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The defendant employer sought reconsideration of a WCJ's award finding industrial injury to the applicant's heart and Hepatitis C. The defendant claimed newly discovered evidence existed that undermined the original decision. The Appeals Board granted reconsideration for one case number, rescinded the WCJ's award, and returned the matter for further proceedings to consider the new evidence. The petition for reconsideration of a second, dismissed case number was dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentNewly Discovered EvidenceReport and RecommendationDuplicate FileDismissed with PrejudiceTimeliness
References
4
Case No. ADJ17068636
Regular
May 19, 2025

KATHLEEN ZEPEDA vs. CALIFORNIA BAPTIST UNIVERSITY, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

Applicant Kathleen Zepeda claimed injury to her abdomen, back, and lower extremities while employed by California Baptist University. Lien claimant Medland Medical Group and defendant California Baptist University both sought reconsideration of a February 19, 2025 Findings and Award (F&A). The F&A entitled Medland Medical Group to payment for medical-legal costs related to an April 26, 2023 report but did not find an injury arising out of and in the course of employment (AOE/COE). The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration, granted the lien claimant's petition for reconsideration, and affirmed the F&A with an amendment to explicitly state that the lien claimant failed to meet its burden of establishing injury AOE/COE.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and AwardMedical-Legal ReportPrimary Treating PhysicianInjury AOE/COESubstantial EvidenceContested ClaimMedical Treatment Costs
References
5
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
0
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