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

Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. AHM 0136908
Regular
Mar 07, 2008

JUAN JESUS GARCIA vs. ALEXIS CONSTRUCTION CLEANUP INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior award of no permanent disability. The Board found that the medical reports were not ratable by the Disability Evaluation Unit. The case is returned to the trial level to allow examination of the DEU rater, aiming to develop the record and ensure a decision on the merits.

Workers' Compensation Appeals BoardAlexis Construction Cleanup Inc.Granite State Insurance CompanyAIG Claims ServicesJuan Jesus Garcialabor contractindustrial injuryback injurypermanent disabilityratable permanent disability
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. ADJ6997443
Regular
Jan 28, 2010

ALLEN STEVENS vs. SHASTA CONSTRUCTION, INC., OLD REPUBLIC GENERAL INSURANCE, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was improperly filed against a non-final procedural order. The Board also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm. The defendant had contended that the Workers' Compensation Judge erred by denying further discovery and setting the case for trial, citing improper notice and insufficient preparation time. The Board affirmed the WCJ's decision to proceed with trial given the applicant's extended wait for resolution and the adequacy of prior discovery and medical evaluations.

Workers' Compensation Appeals BoardShasta ConstructionInc.Gallagher Bassett ServicesInc.Petition for ReconsiderationPetition for RemovalMinute OrderAdministrative Law Judge (WCJ)Mandatory Settlement Conference
References
Case No. AHM 0121690
Regular
Aug 19, 2008

DENNIS CLARK vs. HMS CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

In *Clark v. HMS Construction, Inc.*, the Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision asserting California jurisdiction over an applicant's injury claim. The Board found that because the applicant accepted the offer of employment in Maryland, California lacked jurisdiction under Labor Code sections 3600.5 and 5305. Therefore, the prior award was rescinded, and the applicant's claim was dismissed.

Workers' Compensation Appeals BoardJurisdictionContract of HireLex Loci ContractusOffer and AcceptanceMarylandHawaiiHMS ConstructionInc.State Compensation Insurance Fund
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. ADJ7369275
Regular
Apr 12, 2011

HECTOR LARA vs. R HAUPT ROOFING CONSTRUCTION INC, MAINSTAY BUSINESS SOLUTIONS

This Workers' Compensation Appeals Board order denies reconsideration of a prior decision in the case of Hector Lara v. R Haupt Roofing Construction Inc. The Board adopted the reasoning of the workers' compensation administrative law judge and found no basis to overturn the original ruling. Consequently, the petition for reconsideration is denied. The Board also declined to award attorney's fees to the applicant as requested in their answer.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJ reportLabor Code section 5813attorney's feesPermissibly Self-InsuredR HAUPT ROOFING CONSTRUCTION INCMAINSTAY BUSINESS SOLUTIONS
References
Case No. ADJ4657834 (SFO 0500292)
Regular
Jun 07, 2010

LILIA LLERANDI CHAPITAL, GUSTAVO HILDALGO (Deceased) vs. DWIGHT JEFFERS, aka DWIGHT E. JEFFERS, individually and as a substantial shareholder of DEJ ENTERPRISES a NEVADA CORPORATION, illegally uninsured, EXPERT PLASTERING INC. and CALIFORNIA INSURANCE COMPANY, BEHLER ASSOCIATES INC. dba BEHLER CONSTRUCTION and STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision granted reconsideration to amend a finding. The Board affirmed that the deceased was employed by Dwight Jeffers, individually and uninsured, and not by Expert Plastering, DEJ Enterprises, or Behler Construction. The Court rejected the argument that Labor Code section 2750.5 compelled a finding of employment with Behler due to Jeffers's lack of license, as Jeffers was not a subcontractor of Behler.

WCABdeclaratory reliefsole jurisdictiongeneral employmentspecial employmentalter ego doctrinedual employmentjoint employmentLabor Code section 2750.5unlicensed contractor
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
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