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

Case No. ADJ7756309
Regular
Jan 09, 2012

Miguel Robles vs. Evolution Fresh, Inc., Amtrust North America

In **Robles v. Evolution Fresh, Inc.**, the applicant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration. This action was taken to allow further study of the factual and legal issues presented in the case. The Board aims to issue a just and reasoned decision after thorough review and potential further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Decisionstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneDejdra E. Lowe
References
Case No. ADJ6781238
Regular
Mar 08, 2013

JORGE MORA vs. CLP RESOURCES, INC., ESIS

This case involved a carpenter, Jorge Mora, who sustained an industrial injury to his left hand while employed by CLP Resources, Inc. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's prior decision finding that the injury was proximately caused by CLP Resources' serious and willful misconduct. The WCAB also upheld the WCJ's determination that the serious and willful misconduct claim was not barred by the statute of limitations. The defendant's petition for reconsideration was denied, affirming the original award of compensation and attorney's fees.

Workers' Compensation Appeals BoardSerious and willful misconductIndustrial injuryCarpenterLeft hand injuryStatute of limitationsCompromise and ReleasePetition for ReconsiderationFindings and AwardWCJ Report and Recommendation
References
Case No. ADJ590815 (RIV 0081064) ADJ6520585
Regular
Feb 22, 2012

CARMEN MARQUEZ vs. RYLAND HOMES, AIG CLAIMS SERVICES

This Workers' Compensation Appeals Board order denies a Petition for Removal in the case of *Marquez v. Ryland Homes, AIG Claims Services*. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is DENIED.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdeny removalRyland HomesAIG Claims ServicesADJ590815RIV 0081064Frank M. BrassNeil P. Sullivan
References
Case No. ADJ3855232
Regular
Mar 18, 2011

ROBERTO BARRERO vs. KNUDSEN'S DAIRY CORPORATION, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Roberto Barrero's Petition for Reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. This denial means the previous decision stands. No further details of the original decision are provided here.

ORDER DENYING RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDKNUDSEN'S DAIRY CORPORATIONFIREMAN'S FUND INSURANCE COMPANYADMINISTRATIVE LAW JUDGEPETITION FOR RECONSIDERATIONADJ3855232LAO 0400735BENTHALE MCKIBBIN MCKNIGHTROBERTO BARRERO
References
Case No. ADJ4352428 (SJO 0247037)
Regular
May 28, 2009

CANDACE GOLD vs. ARH RECOVERY HOMES, STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Candace Gold. The Workers' Compensation Appeals Board reviewed the petition and the Workers' Compensation Administrative Law Judge's report. Finding no grounds for review, the Board denied the petition for reconsideration. The decision was officially filed and served on May 28, 2009.

WORKERS' COMPENSATION APPEALS BOARDReconsideration DeniedWCJ Report AdoptedADJ4352428ARH RECOVERY HOMESSTATE COMPENSATION INSURANCE FUNDCANDACE GOLDORDER DENYING RECONSIDERATIONRONNIE G. CAPLANEJ. A. Klee
References
Case No. ADJ3512839
Regular
Jul 27, 2010

KEIUNTA DIXON vs. APPLE ONE, ACE USA, Administered By ESIS, INC., AIG SUN AMERICA/NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Administered By CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration regarding a prior decision. This grant allows the WCAB more time to thoroughly review the factual and legal issues in the case. The purpose is to achieve a complete understanding of the record and issue a just decision. All future communications should be directed to the Office of the Commissioners in San Francisco pending the WCAB's decision after reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGranting PetitionStatutory time constraintsFactual and legal issuesDecision After ReconsiderationOffice of the CommissionersFrank M. BrassAlfonso U. MoresiNeil P. Sullivan
References
Case No. ADJ7432459, ADJ7432589
Regular
Jun 25, 2013

COLLETT WITHERS vs. MACY'S, MACY'S WEST, INC.

The Workers' Compensation Appeals Board (WCAB) granted the Petition for Removal, rescinded the Administrative Law Judge's (ALJ) May 7, 2013 order setting the case for trial, and took the matter off calendar. This action returns the case to the ALJ for further proceedings. The WCAB adopted the ALJ's report as the basis for its decision.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJMarina del Rey District OfficeGranting PetitionRescinded OrderTaken Off CalendarFurther ProceedingsAdministrative Law Judge
References
Case No. ADJ4440730 (SFO 0491327) ADJ3960828 (SFO 0491326) ADJ1986626 (SFO 0494011)
Regular
Apr 26, 2009

MICHAEL EMBLEY vs. CITY OF SAUSALITO; LEGALLY UNINSURED

This Workers' Compensation Appeals Board (WCAB) order denies reconsideration of a previous decision concerning Michael Embley versus the City of Sausalito. The WCAB adopted the findings and reasoning of the workers' compensation administrative law judge in their entirety. Therefore, the petitions for reconsideration filed by the parties are formally denied. The order was dated and filed on April 26, 2009.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONCITY OF SAUSALITOLEGALLY UNINSUREDADMINISTRATIVE LAW JUDGEPETITIONS FOR RECONSIDERATIONADOPT AND INCORPORATEDENIEDALFONSO J. MORESISERVICE MADE BY MAIL
References
Case No. ADJ1760749 (LBO 0325804)
Regular
May 03, 2010

LELAND T. BECK vs. LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that temporary disability payments should be capped as the injury occurred more than five years prior. However, the Board found that Labor Code section 4656 does not impose such a cap for injuries sustained between January 1, 1979, and April 19, 2004, especially when there has been no final adjudication. Therefore, the administrative law judge had jurisdiction to award temporary total disability benefits from September 21, 2009, to the present and continuing.

Workers' Compensation Appeals BoardLeland T. BeckLos Angeles County Fire DepartmentPermissibly Self-InsuredADJ1760749LBO 0325804Opinion and Order Denying ReconsiderationTemporary Total DisabilityLabor Code Section 4656(c)(1)Firefighter
References
Case No. ADJ3419685 (GRO 0029797)
Regular
Dec 10, 2000

MARLENA MOORE vs. ALBERTSONS, SPECIALTY RISK SERVICES

This case involves a Petition for Removal filed by Marlena Moore against Albertsons and Specialty Risk Services. The Workers' Compensation Appeals Board (WCAB) has reviewed the petition and the report from the workers' compensation administrative law judge. Consequently, the WCAB has denied the Petition for Removal. The decision incorporates the reasoning provided in the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDMARLENA MOOREALBERTSONSSPECIALTY RISK SERVICESPetition for RemovalWCJ reportdenial of removaladministrative law judgeADJ3419685GRO 0029797
References
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