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

Case No. OAK 0278433 OAK 0295169 OAK 0307341 OAK 0307342 OAK 0307343 OAK 0321700
Regular
Jul 06, 2007

LATONIA PACE vs. COUNTY OF ALAMEDA/SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., and COUNTY OF ALAMEDA/AIG/ TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration filed by Defendant AIG concerning prior workers' compensation decisions. The Appeals Board dismissed AIG's petition because AIG was not newly aggrieved by the Board's prior order, which affirmed the original judge's decision without amendment. AIG failed to timely petition for reconsideration of the initial judge's decision, and therefore, cannot now seek review of it through this petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedCumulative TraumaBilateral ShouldersUpper BackBilateral Upper ExtremitiesPermanent DisabilityWCJ Findings and AwardAggrieved Party
References
Case No. ADJ7620723
Regular
Aug 09, 2013

SERGIO CONTRERAS vs. WEST COAST PAINTING, AMERICAN CASUALTY COMPANY

This case concerns a lien claimant's petition for reconsideration of an order dismissing its lien for failure to pay a fee. The lien claimant argued it was exempt as its lien was previously resolved by stipulation and order. The defendant asserted the lien claimant was not aggrieved as the lien had been paid. Ultimately, the Appeals Board dismissed the petition for reconsideration because the lien claimant was not aggrieved, as its lien had been settled and paid.

Lien claimantPetition for reconsiderationDismissalLien activation feeStipulation and OrderAggrievedVerified answerDue processStatutory time periodAppeals Board
References
Case No. LAO 0786011
Regular
Nov 16, 2007

ISRAEL GALINDO (Deceased) vs. PDQ PERSONNEL SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board dismissed the County of Los Angeles' petition to set aside an order approving a compromise and release agreement. The County lacked standing because it was not a party to the agreement and therefore not directly aggrieved by the order. The Board clarified that the County may petition for reconsideration in the future if it is aggrieved by a final order.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationSuperior National Insurance CompanyliquidationCompromise and ReleaseGuardian ad LitemPetition for ReconsiderationPetition to Set Asideremovallack of mutual consideration
References
Case No. ADJ4550304 (LBO 0307290)
Regular
Sep 25, 2008

ANTHONY SANKEY vs. LOVCO CONSTRUCTION, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration primarily because it was not properly served on the applicant and their attorney, violating due process rights. The Board also found the lien claimant was not yet aggrieved, as the stipulations did not resolve his lien, and jurisdiction was reserved for its adjustment. Therefore, the petition was dismissed for failure to serve and for lack of standing as an aggrieved party at this stage.

Petition for ReconsiderationLien claimantStipulationsPermanent disabilityWithdrawal with prejudicePsyche/stress injuryAdverse effectUnbiased testimonyMedical evidenceTimely filed
References
Case No. ADJ7010013
Regular
Jun 28, 2010

PAMELA VAN ZANDT vs. NIKE, INC COLE-HAAN, OLD REPUBLIC ADMINISTERED BY ESIS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an attorney's fee award. The defendant incorrectly claimed the issue of fees was not raised and that they were aggrieved by the award. The Board found the defendant was not aggrieved, as fees were payable from the applicant's benefits, and the issue was properly noted in the pre-trial statement. Consequently, the Board issued a notice of intention to impose sanctions on the defendant's counsel for filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardExpedited HearingTemporary DisabilityAttorney's FeeLabor Code § 5813SanctionsBad Faith ActionsFrivolous Petition
References
Case No. ADJ3391443
Regular
Jul 15, 2010

SUSANA CASTELLANOS vs. ANTOJITOS MEXICANO VELOZ, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed SCIF's petition for reconsideration of an approved Compromise and Release (C&R) settlement. SCIF argued the C&R incorrectly stated attorney's fees were $2,050 instead of $2,250 and that SCIF should hold the fees in trust. The Board found SCIF was not aggrieved by the fee amount, as it was a stakeholder with no interest in the $200 difference. Furthermore, the Board determined SCIF was not aggrieved by the lack of a trust order, as the representing attorney could manage the disbursement themselves.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney's FeesState Compensation Insurance FundAdministrative Law JudgeAggrieved PartyDue ProcessLabor Code § 5909WCAB Policy and Procedure Manual
References
Case No. ADJ6645567
Regular
Mar 26, 2012

DARLENE BERKE vs. BLOOMINGDALES, MACYS CORPORATE SERVICES

This case concerns a dispute over the disqualification of a Qualified Medical Evaluator (QME), Dr. Monosson, due to alleged ex parte communication initiated by the doctor regarding deposition fees. The Appeals Board dismissed the applicant's Petition for Reconsideration because the underlying finding was not a final order. However, the Board granted removal and rescinded the disqualification, ruling that Dr. Monosson was not disqualified. The Board emphasized that Labor Code section 4062.3(f) and CCR, Title 8, Section 35(k) protect the aggrieved party's election rights, and here, the applicant, the aggrieved party, did not seek a new QME.

Panel Qualified Medical EvaluatorDisqualificationEx Parte CommunicationPetition for ReconsiderationPetition for RemovalLabor Code Section 4062.3Aggrieved PartyMedical ReportsDeposition FeesPrepayment
References
Case No. ADJ8467419
Regular
Jan 27, 2014

CAMMIE BELT vs. ANGELICA TEXTILE SERVICES, AMERICAN ZURICH INSURANCE

This order dismisses Cammie Belt's Petition for Reconsideration in workers' compensation case ADJ8467419. The Board found the petition moot as the complained-of error was corrected. Furthermore, the petitioner was deemed not aggrieved by the prior decision. Consequently, the Petition for Reconsideration is dismissed.

Petition for ReconsiderationMootAggrievedLab. Code§§ 5900 et seq.Workers' Compensation Appeals BoardThird Party AdministratorDismissedDecisionCorrected Error
References
Case No. ADJ1462284
Regular
Dec 09, 2013

ESEQUIEL TREVISO vs. VISTA VALENCIA GOLF COURSE aka AMERICAN GOLF; CIGA; SEDGWICK CMS for LEGION INSURANCE, in liquidation

This case involves a Petition for Reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the petition because the petitioner was not an aggrieved party and the petition was not properly verified. The dismissal is based on California Labor Code sections 5900, 5903, and 5902.

Petition for ReconsiderationAggrievedUnverifiedDismissalWorkers' Compensation Appeals BoardLab. CodeAdministrative Law JudgeReport and RecommendationLiquidationCIGA
References
Case No. ADJ689141 (VNO 0427602)
Regular
May 09, 2013

CHERYL CORRAL vs. COUNTY OF LOS ANGELES, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the WCJ's reasoning. Simultaneously, the Board dismissed the defendant's petition for reconsideration. This dismissal was based on the defendant not being an aggrieved party by the WCJ's decision. The outcome was the denial of the applicant's reconsideration request and the dismissal of the defendant's reconsideration request.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDDISMISSEDaggrievedWCJ's decisionLab. Code§ 5900Mullen & Filippi LLPDaniel Anaya
References
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