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

Case No. ADJ4350794
Regular
Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportSupplemental PetitionDeny ReconsiderationCal.Code Regs. tit. 8 § 10848County of SacramentoHarold J. RuckerADJ4350794SAC 0361547
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 The Board rescinded the prior decision and returned the matter to the WCJ for further proceedings and a new decision.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. 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. ADJ7762176
Regular
Dec 16, 2011

MARTIN ESPARZA vs. BARRETT BUSINESS SERVICES, INC.

In *Esparza v. Barrett Business Services, Inc.*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a September 28, 2011 Findings and Award. The WCAB granted reconsideration to allow for further study of the factual and legal issues. This action is deemed necessary for a complete understanding of the record and to issue a just decision. All future communications must be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersFrank M. BrassAlponso J. Moresi
References
Case No. ADJ246378 (MON 0251329), ADJ3258197 (MON 0228135), ADJ419157 (MON 0184421)
Regular
Jul 03, 2012

GERALD WATSON vs. CONTINENTAL INSURANCE COMPANY\/ESIS, SANTA MARGARITA HIGH SCHOOL, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board has denied Gerald Watson's Petition for Reconsideration in its entirety. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the original decision remains unmodified.

Workers' Compensation Appeals BoardGerald WatsonContinental Insurance CompanyESISSanta Margarita High SchoolFireman's Fund Insurance CompanyADJ246378ADJ3258197ADJ419157Order Denying Reconsideration
References
Case No. ADJ1623600 (MON 0354197) ADJ974474 (MON 0332412)
Regular
Dec 10, 2010

ODILA VALLADARES vs. J.A.M. INDUSTRIES, AMERICAN HOME ASSURANCE/ AIG

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a September 14, 2010 decision. This action was taken due to statutory time constraints and a need for further study of the factual and legal issues. The Board aims to achieve a complete understanding of the record to issue a just and reasoned decision. All future communications should be directed to the Appeals Board Commissioners in San Francisco, not a local office, pending a Decision After Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersDeputy CommissionerAlfonso J. MoresiNeil P. Sullivan
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. ADJ3590098 (AGO 0012985) ADJ1209123 (AGO 0012984) ADJ3901810 (AGO 0012983)
Regular
Apr 07, 2009

GERALDINE UMBENHAUER vs. J.C. PENNEY, LIBERTY MUTUAL INSURANCE COMPANY

This case involves Geraldine Umbenhauer's claims for industrial injuries sustained while working for J.C. Penney. The administrative law judge (WCJ) found three injuries to the back, knees, and hands, but denied claims for psychological, internal, and fibromyalgia conditions. The WCJ awarded 53% permanent disability, apportioning 50% to non-industrial causes, and a ten-year period of temporary disability. The Appeals Board granted reconsideration due to a lack of support in the record for the WCJ's 50% apportionment of bilateral knee disability, ordering the matter returned for a new determination on apportionment and further proceedings regarding temporary disability indemnity.

WORKERS' COMPENSATION APPEALS BOARDGERALDINE UMBENHAUERJ.C. PENNEYLIBERTY MUTUAL INSURANCE COMPANYADJ3590098ADJ1209123ADJ3901810OPINION AND ORDERSGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATION
References
Case No. ADJ7731222
Regular
Apr 29, 2014

J. MICHAEL DEVROOM (Deceased), PAMELA FELCHER (Widow) vs. DEPARTMENT OF CONSUMER AFFAIRS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision except for specific amendments. The applicant's widow, Pamela Felcher, was awarded a $250,000 death benefit for her deceased husband, J. Michael Devroom, with payments commencing June 23, 2010. This award is subject to credit for CALPERS payments and attorney fees, and the deceased was found to be a safety-classified employee exempting him from certain statutory limitations. Additionally, Ms. Felcher is entitled to $2,109.02 for burial expenses, and attorney fees of $37,500 are awarded.

Workers' Compensation Appeals BoardPamela FelcherJ. Michael DevroomDepartment of Consumer AffairsState Compensation Insurance FundPetition for ReconsiderationDecision After ReconsiderationDeath BenefitCALPERS CreditLabor Code Section 4707(b)
References
Case No. ADJ8235335 ADJ10301846
Regular
Dec 23, 2019

JACK KESSLER vs. E&J GALLO WINERY

This case involves a Petition for Reconsideration filed by E&J Gallo Winery that was dismissed as untimely. The petition was filed on October 28, 2019, exceeding the 25-day jurisdictional deadline for filing after the WCJ's September 30, 2019 decision. The Appeals Board emphasized that filing proof of mailing within the deadline is insufficient; the petition must be received by the Board. Furthermore, the Board noted that the same issues raised had been previously addressed, warranting potential sanctions for frivolous conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitMailing vs. FilingWCJ DecisionSanctionsFrivolous ConductReconsideration DenialAdministrative Law Judge
References
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