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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. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
Case No. ADJ15751788
Regular
Jul 18, 2025

OLGA BENITEZ vs. MISSION FOODS, ARCH INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board issued an order on July 18, 2025, to rectify a clerical error in a prior decision dated May 29, 2025, concerning case number ADJ15751788. The error involved the omission of the case number from the caption of the earlier Opinion and Order Granting Petition For Reconsideration and Decision After Reconsideration. The Board clarified that this correction was made without the need for granting reconsideration, citing that such errors can be corrected at any time. Additionally, an earlier Petition for Removal, related to the same parties, was dismissed on May 29, 2025, subsequent to its withdrawal by the petitioner.

Workers' Compensation Appeals BoardClerical ErrorOpinion and OrderCase NumberPetition for ReconsiderationPetition for RemovalAdjudication NumberGallagher Bassett ServicesArch Indemnity InsuranceMission Foods
References
Case No. ADJ7730913, ADJ8640698, ADJ8233287, ADJ7881756, ADJ8438104, ADJ7467140, ADJ7467243, ADJ9068351, ADJ9081983
Regular
Dec 02, 2016

HOLLIS COPELAND, JR. vs. DENVER NUGGETS, PINNACOL ASSURANCE

This case involved multiple consolidated workers' compensation claims where the Board initially denied reconsideration of an order dismissing Pinnacol Assurance for lack of personal jurisdiction. The Appeals Board is now granting reconsideration on its own motion to correct clerical errors in its prior opinion. Specifically, the Board failed to list all nine adjudication file numbers and did not serve all affected applicants. The decision after reconsideration affirms the original denial of reconsideration but amends the opinion to include all case numbers.

Appeals BoardGranting ReconsiderationOn MotionDecision After ReconsiderationClerical ErrorsPersonal JurisdictionPinnacol AssuranceConsolidated CasesAdjudication File NumbersAffirm Opinion
References
Case No. ADJ14649350, ADJ15672588, ADJ20293644
Regular
Sep 15, 2025

LINDA LEWIS ZAMBA vs. BERKELEY UNIFIED SCHOOL DISTRICT, INTERCARE

Applicant Linda Lewis Zamba sought reconsideration of a WCJ's order from June 12, 2025, which dismissed two of her three case numbers and denied a re-evaluation by QME Dr. Weiss. The Appeals Board treated her petition for removal as one for reconsideration, finding that the WCJ's dismissal order determined a 'threshold' issue. The Board granted the petition, rescinded the WCJ's June 9, 2025, decision, and returned the matter to the trial level. The Board concluded that the applicant's December 23, 2024, application was a timely Petition to Reopen for New and Further Disability, and that the WCJ's original decision was made without an adequate evidentiary hearing, thereby violating due process.

Petition for ReconsiderationPetition for RemovalQualified Medical EvaluatorNew and Further DisabilityStipulation with Request for AwardOrder Taking Off CalendarDismissal of CasesDue ProcessEvidentiary HearingSubstantial Evidence
References
Case No. ADJ2987188 (LBO 0277672) ADJ6543172
Regular
Sep 15, 2015

LUPE CHAVEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

This order denies Lupe Chavez's Petition for Reconsideration in her workers' compensation case against the County of Los Angeles and Tristar Risk Management. The Workers' Compensation Appeals Board adopted the reasoning of the workers' compensation administrative law judge's report. Therefore, the denial of reconsideration stands.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying ReconsiderationCounty of Los AngelesTristar Risk ManagementCase Number ADJ2987188Case Number ADJ6543172San FranciscoCalifornia
References
Case No. ADJ7670126; ADJ7670124; ADJ8134230; ADJ8134232
Regular
May 24, 2012

WANDA MCNAIR vs. CITY OF INGLEWOOD

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, reversing a prior order that had taken the case off calendar. The Board found that the defendant had not acted with due diligence in preparing its case, and the applicant argued this would cause unreasonable delay in adjudicating her benefits. The Board adopted the WCJ's recommendation to return the matters to the trial level due to unresolved factual issues. The case is now scheduled for a status conference to determine necessary further proceedings.

Petition for RemovalOff Calendar OrderDue DiligenceUnreasonable DelayAdjudicate EntitlementProcedural HistoryUnresolved Factual IssuesTrial LevelStatus ConferenceRescind Order
References
Case No. ADJ6951777
Regular
Nov 23, 2010

GINGER LOGAN-CANNON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board rescinded the original September 9, 2010 Findings and Award. A clerical error in a subsequent order setting aside the award, which mistakenly referred to other case numbers, was corrected to include the correct case number. The matter is remanded for further proceedings to address the November 29, 2010 hearing.

Petition for ReconsiderationFindings and AwardClerical ErrorRescindedRemandWorkers' Compensation Appeals BoardWCJAdjusting AgencyLegally UninsuredCompanion Cases
References
Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)
Regular
Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health
References
Case No. ADJ8221321
Regular
Nov 09, 2020

ANTHONY PAUL MAGOULAS, PAUL MAGOULAS (deceased) vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT AND INDMENITY

The Workers' Compensation Appeals Board rescinded the original findings and returned the case to trial for further proceedings. The Board determined the death benefit claim was timely filed under Labor Code § 5406, even though it was erroneously filed under the decedent's inter vivos claim number. Additionally, the Board found that dependency is determined at the time of injury, not death, and the original finding of no dependent was legally inaccurate and unsupported by the record. Therefore, the WCAB remanded the case to address the dependency issue and potentially assign a separate adjudication number to the death claim.

WCABReconsiderationDeath ClaimStatute of LimitationsLabor Code Section 5406Inter Vivos ClaimDependencyLabor Code Section 3501Adjudication NumberLiberal Construction
References
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