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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
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. ADJ7935139
Regular
Jul 23, 2013

SERGIO SANCHEZ MURILLO vs. PIZZA-PASTA KITCHEN, INC.

The Workers' Compensation Appeals Board dismissed the applicant's petition for removal. This dismissal was based on the administrative law judge's (WCJ) denial of the applicant's initial petition to join the Uninsured Employers Benefits Trust Fund, finding insufficient evidence. However, the applicant subsequently refiled the petition with exhibits attached to the removal petition. The WCJ will now review this refiled petition and its exhibits on remand to act appropriately.

Petition for RemovalUninsured Employers Benefits Trust FundUEBTFWorkers' Compensation Administrative Law JudgeWCJEAMSReport and Recommendationdismissalapplicantdefendants
References
Case No. ADJ6690678
Regular
May 24, 2012

PEDRO RAMIREZ vs. PCL CONSTRUCTION, RISK ENTERPRISE MANAGEMENT

In **Ramirez v. PCL Construction**, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge, finding no basis to grant the removal. Notably, the WCAB clarified that the California Insurance Guarantee Association (CIGA) is not involved, and therefore, a reference to "other insurance" in the judge's report was disregarded. The decision effectively upholds the status quo of the case as determined by the administrative law judge.

Workers' Compensation Appeals BoardPetition for RemovalWCJ ReportDenying RemovalCalifornia Insurance Guarantee AssociationCIGAOther InsuranceAdministrative Law JudgeLabor LawIndustrial Accident
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
Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
Case No. ADJ4602378 (POM 0300098), ADJ3708085 (POM 0300213), ADJ7098978
Regular
Dec 20, 2016

LISA PENILLA vs. STARBUCKS COFFEE CO.; GALLAGHER BASSETT

In *Lisa Penilla v. Starbucks Coffee Co.*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board affirmed the administrative law judge's report, finding no substantial prejudice or irreparable harm would result from denial. Removal is an extraordinary remedy granted only when reconsideration would not be an adequate remedy. The applicant failed to meet this high burden, and rulings made during the MSC can be addressed by the trial judge.

Petition for RemovalAppeals BoardWorkers' Compensation Administrative Law JudgeWCJSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyMSC JudgeTrial Judge
References
Case No. ADJ10350134
Regular
Apr 27, 2018

ROSALBA AYON vs. UNITED AG PERSONNEL MANAGEMENT INC., APPLIED RISK SERVICES, INC., SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION, INC.

This case involved a defendant's petition to remove "CBE Law" from the party record. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was incorrectly labeled as a petition for removal. The WCAB found no WCJ order to remove and stated that such administrative matters should be handled at the district level. Therefore, the WCAB adopted the WCJ's recommendation to deny the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJReport and RecommendationDismissalDistrict LevelOfficial Address RecordCBE LawAdministrative Law JudgeParty Record
References
Case No. ADJ7839029; ADJ7841350
Regular
Jun 25, 2014

Fernando Murillo vs. Yonique Café, Inc., Zenith Insurance Company

This case involves a lien claimant, Ameri Chiropractic Group (LC), seeking disqualification of a Workers' Compensation Judge (WCJ). LC alleged bias based on a WCJ order requiring a doctor's personal appearance at trial regarding treatment and the lien's validity. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. WCAB Rule 10452 dictates a strict 10-day filing period after notice of hearing for such petitions. LC's petition was filed three months after being served with the order, rendering it untimely regardless of when new counsel was retained.

Petition for DisqualificationUntimely FilingWCJ BiasLien ClaimantAmeri Chiropractic GroupWCAB Rule 10452Order for AppearanceDismissal of LienPinnacle Lien ServicesAdministrative Law Judge
References
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