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

Case No. ADJ3682964 (ANA 0393581) ADJ2308886 (ANA 0399397)
Regular
Dec 12, 2008

KARLA ORNELAZ vs. ALBERTSON'S INC., Permissibly Selfinsured, Administered by SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, finding that the employer's offer of modified work was timely. The Board ruled that the 60-day period to offer work under Labor Code § 4658(d) begins when the employer is served with notice of the employee's permanent and stationary status. Furthermore, the Board held that the five-day mailing extension under Code of Civil Procedure § 1013 applies to this notice, thus entitling the employer to a 15% decrease in permanent disability indemnity.

Workers' Compensation Appeals BoardAlbertson's Inc.Specialty Risk ServicesInc.Karla OrnelazLabor Code §4658(d)(2)Labor Code §4658(d)(3)(A)permanent and stationarymodified workalternative work
References
Case No. 57
Regular
Apr 28, 2011

LAURIE TRINIDAD vs. ALBERTSON'S, PSI, Administered by SPECIALTY RISK SERVICES

This case concerns an applicant's claim for temporary disability benefits beyond five years from the date of injury. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision that it lacked jurisdiction to award these benefits. The WCAB determined that while the applicant experienced new periods of disability after the five-year mark, no petition to reopen or for new and further disability was filed within the statutory period following a prior order awarding temporary disability. The Board distinguished this case from prior decisions where jurisdiction extended beyond five years due to the absence of any prior award or a continuing award that was improperly terminated.

Workers Compensation Appeals BoardLaurie TrinidadAlbertson'sSpecialty Risk ServicesOpinion and Decision After Reconsiderationtemporary disability benefitsjurisdictiongrocery checkerlumbar spinebilateral shoulders
References
Case No. MON 0304723
Regular
Jul 15, 2008

KHALIL TANTAWI vs. UNIFORMS, INC., MICROSOURCE MANAGEMENT, INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIM SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision that Granite State Insurance Company and State Compensation Insurance Fund only covered clerical and outside sales staff for Microsource Management, Inc. The Board found the arbitrator's decision lacked required express findings of fact and a determination of rights, and rescinded the decision. The case is returned to the trial level for further development of evidence regarding the applicant's exact job role on the date of injury and to issue a new decision with proper findings and an order.

Workers Compensation Appeals BoardKhalil TantawiUniforms IncMicrosource Management IncGranite State Insurance CompanyAIG Claim Services IncState Compensation Insurance Fundspecial employergeneral employeroutside salesperson
References
Case No. ADJ422527 (FRE 0221654) ADJ7975971
Regular
Jul 09, 2012

LYDIA TORRES vs. ALBERTSON'S, INC.

This case involved an applicant alleging industrial injury to multiple body parts, including shoulders, spine, and psyche. The Administrative Law Judge (WCJ) awarded permanent disability based on apportionment of injuries as opined by an Agreed Medical Evaluator (AME). The applicant sought reconsideration, arguing the AME's apportionment opinion lacked substantial medical evidence due to insufficient reasoning. The Appeals Board denied reconsideration, finding the AME's report, when viewed in its entirety, provided a sufficient basis for apportionment based on medical expertise. One Commissioner dissented, believing the AME's report was conclusory and lacked the necessary reasoning to constitute substantial evidence for apportionment.

Workers' Compensation Appeals BoardAlbertson's Inc.Specialty Risk Services Inc.Lydia TorresFindings of Fact and Awardadmitted industrial injuryright shouldercervical spinelumbar spinepsyche
References
Case No. ADJ10334027
Regular
Feb 24, 2017

MAURICIO VALENCIA ALEJANDRE vs. AEROGROUND INC, XL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by the defendant, Aeroground Inc., challenging an Order setting a trial date. The defendant argued a due process violation due to not being allowed to file a pre-trial conference statement after missing a prior hearing. However, the parties subsequently submitted a Compromise and Release agreement that was approved. Consequently, the Board dismissed the Petition for Removal as moot because the case was resolved.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderPre-trial conference statementDue process violationCompromise and ReleaseOrder Approving Compromise and ReleaseDismissedAdministrative Law JudgeAEROGROUND INC
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. ADJ11276421
Regular
Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors
References
Case No. ADJ296898 (LAO 0859148) ADJ1245833 (LAO 0882864)
Regular
Aug 28, 2013

GEORGINA HERNANDEZ vs. PIONEER TRADING, INC./OMNI FOODS, GRANITE STATE INSURANCE COMPANY, as administered by CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board denied Pioneer Trading, Inc.'s petition for reconsideration in this matter. The Board adopted the WCJ's report, noting that the original award did not preclude a compromise and release. Furthermore, over a month had passed since the petition without a settlement being filed, and no effort was made to inform the WCJ of the alleged settlement agreement.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Awardcompromise and releaseadministrative law judgeWCJsettlement agreementverified petitionDENIEDGEORGINA HERNANDEZ
References
Case No. ADJ7976729
Regular
Dec 29, 2017

DARRELL YOUNG vs. SOLARPONICS, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant, Darrell Young, whose Petition for Reconsideration and Removal has been denied by the Workers' Compensation Appeals Board. The Board adopted and incorporated the report of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. Consequently, reconsideration is denied, and the removal is dismissed.

Workers' Compensation Appeals BoardReconsiderationRemovalWCJ reportdenying reconsiderationdismissing removalSOLARPONICSINC.GALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ7534090
Regular
Oct 09, 2017

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board reconsidered a WCJ's decision regarding a lien claim for interpreting services. While affirming the finding that the lien was not time-barred, the Board amended the order to clarify that the lien claimant is not entitled to Labor Code section 5814 penalties. Jurisdiction was reserved at the trial level to determine potential penalties under Labor Code section 4622 for services related to medical-legal evaluations. This amendment aligns with the principle that Section 5814 penalties are payable to the applicant, not the lien claimant, and were likely resolved by the applicant's Compromise and Release.

Workers' Compensation Appeals BoardAleksey VolosevichShane Alexander CustomInc.York Risk Services GroupInc.ADJ7534090Opinion and Decision After ReconsiderationGalilei Global Interpretersstatute of limitations
References
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