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

Case No. ADJ2359413 (VNO 0470470)
Regular
Jun 27, 2011

GERARDO RAMIREZ vs. WILLIAM ALONSO, UNINSURED EMPLOYERS FUND

This case concerns a worker injured on the job in 2003. The employer, William Alonso, argued the injured worker was not an employee due to specific Labor Code exclusions related to hours worked for residential projects. The Appeals Board granted reconsideration, finding the initial decision confusingly referenced inapplicable statutes. Ultimately, the Board rescinded the prior award, establishing that the applicant was an employee of Quality Building Services on the date of injury, based on a long-standing working relationship, the employer's control over projects, and business account payments.

Workers' Compensation Appeals BoardGerardo RamirezWilliam AlonsoQuality Building ServicesUninsured Employers FundADJ2359413VNO 0470470ReconsiderationEmployee StatusLabor Code Section 3351(d)
References
Case No. ADJ6883927
Regular
Jul 06, 2012

UWE VON SCHAMANN vs. MIAMI DOLPHINS, MULTI-LINE CLAIMS SERVICE

This Workers' Compensation Appeals Board case, ADJ6883927, involves applicant Uwe Von Schamann against Miami Dolphins. The Board issued an order dismissing the applicant's Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board is officially closing out this reconsideration process.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardApplicantDefendantsMiami DolphinsMulti-Line Claims ServiceSanta Ana District OfficeDecision
References
Case No. ADJ8615321
Regular
Jul 18, 2013

AARON SANCHEZ vs. UPRINT, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board has dismissed Aaron Sanchez's petition for reconsideration of a May 6, 2013 decision. The petitioner, Aaron Sanchez, voluntarily withdrew this petition. Consequently, the Board has formally ordered the dismissal of the reconsideration request. This action resolves the pending reconsideration matter in the case.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardApplicantDefendantsVan Nuys District OfficeDecision DateOpinion and OrderRonnie G. Caplane
References
Case No. ADJ3362717 (VNO 0348210) ADJ785044 (VNO 0327922)
Regular
Jul 02, 2012

JEAN WHITE vs. TACO BELL CORPORATION, ZURICH INSURANCE COMPANY

This case involves Jean White's workers' compensation claim against Taco Bell Corporation and its insurer, Zurich Insurance Company. The Workers' Compensation Appeals Board (WCAB) has issued an order denying White's petition for reconsideration. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) in its decision.

WCABOrder Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportJean WhiteTaco Bell CorporationZurich Insurance CompanyADJ3362717VNO 0348210
References
Case No. ADJ2906378
Regular
May 24, 2011

NORMA ALONSO vs. PRECISION CAST PARTS CORPORATION AKA AVIBANK MANUFACTURING, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves Norma Alonso's workers' compensation claim against Precision Cast Parts Corporation and Sedgwick Claims Management Services. Alonso filed a Petition for Reconsideration and Removal, seeking to overturn a prior decision. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Ultimately, the Board denied both reconsideration and removal, adopting the reasoning of the administrative law judge's report.

ReconsiderationRemovalPetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeDeniedPrecision Cast Parts CorporationSedgwick Claims Management ServicesADJ2906378LAO 0881297
References
Case No. ADJ6720393
Regular
Nov 26, 2012

PEDRO ALONSO vs. CARGO AIRCRAFT HANDLING INTERNATIONAL, GALLAGHER BASSETT

This case involves an Order Denying Reconsideration by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) to deny reconsideration. The denial stems from a lien claimant's "substandard level of legal practice," including objections with incorrect case numbers and untimely filings. The WCAB warned the lien claimant about potential sanctions for failing to comply with DWC and WCAB rules.

WCABPedro AlonsoCargo Aircraft Handling InternationalGallagher BassettADJ6720393Denying ReconsiderationMedi-LabVacate Dismissal OrderDWC RulesWCAB Rules
References
Case No. ADJ3853778 (VNO 0514688)
Regular
May 20, 2013

HEREDIO ALONSO-USATORES vs. SPEARS MANUFACTURING COMPANY, ZURICH NORTH AMERICA

This case involves an applicant who claimed a left knee injury sustained on October 18, 2004, while employed by Spears Manufacturing Company. The defense argued the injury was not supported by evidence, questioned the applicant's credibility due to language barriers, and asserted it was not industrial or timely reported. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding of an industrial left knee injury based on persuasive medical evidence from an Agreed Medical Examiner and the applicant's credible testimony. The Board gave significant weight to the judge's credibility determination, affirming the award for temporary disability and reimbursement for EDD payments.

Workers Compensation Appeals BoardSpears Manufacturing CompanyZurich North AmericaHeredio Alonso-UsatoresOrder Denying ReconsiderationGarza v. Workers' Comp. Appeals Bd.John C. GutierrezReport and RecommendationPetition for ReconsiderationLeft Knee Injury
References
Case No. ADJ1421021 (SFO 0487736)
Regular
Nov 06, 2008

MARGARITO RIVERA vs. J. RAVELLA CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in Margarito Rivera's case. The Board rescinded the prior decision and returned the matter to the WCJ for further proceedings and a new decision. This action is not a final determination on the merits of the case.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgegrant reconsiderationrescind decisionfurther proceedingsdecision after reconsiderationtrial levelSeptember 25 2008J RaveNlla Construction
References
Case No. OAK 0341450
Regular
May 11, 2008

MICHAEL PROFUMO vs. CONSOLIDATED FREIGHTWAYS, TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) has denied Michael Profumo's Petition for Removal in this case against Consolidated Freightways and its administrator. The Board adopted the reasoning presented in the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is denied.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardAdministrative Law Judge ReportConsolidated FreightwaysTIG Specialty Insurance CompanyRisk Enterprise ManagementMichael ProfumoOakland District OfficeHanna Brophy
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
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