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

Case No. FRE 0137292
Regular
Jul 08, 2008

DEANNA PRIEST-HENSLEY vs. MICHAEL HOUSEPIAN, TIG SPECIALTY INSURANCE

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The Board granted reconsideration, rescinded the award, and held that it lacked jurisdiction to alter a prior 1997 finding on the applicant's average weekly earnings and temporary disability rate. This decision was based on the statutory five-year limitation period for altering awards having elapsed before the issue was re-litigated, absent a timely filed petition to reopen.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardAverage Weekly EarningsTemporary Disability RateJurisdictionStatute of LimitationsGood CauseReopenLabor Code section 5803
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. ADJ13556297
Regular
Jun 06, 2025

BRIAN SPALDING vs. ELITE SHEET METAL AND DRAIN GUTTERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board considered the Petition for Reconsideration filed by State Compensation Insurance Fund (SCIF) concerning a Compromise and Release (C&R) agreement. SCIF argued they forgot to take credit for permanent disability advances and sought to set aside the order approving the C&R. The WCAB adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found no good cause, such as fraud or mutual mistake, to set aside the agreement, stating a unilateral mistake is insufficient. The Appeals Board timely acted on the petition within 60 days as mandated by Labor Code section 5909. Consequently, the Petition for Reconsideration is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management SystemTransmission of CaseReport and RecommendationCompromise and ReleasePermanent Disability IndemnityPD advancesUnilateral Mistake
References
Case No. ADJ15927101
Regular
Sep 26, 2022

FRANCISCO VILLEGAS vs. RESTAURANT EQUIPMENT FABRICATION, ICW GROUP INSURANCE COMPANIES - SAN DIEGO

The defendant sought reconsideration of an approved Compromise and Release (C&R) based on alleged unilateral mistake. The Appeals Board dismissed the petition for reconsideration as premature. The matter is returned to the trial level for the judge to treat the defendant's filing as a petition to set aside the C&R and schedule a hearing. This will allow the defendant to present evidence supporting their claims and create a record for a decision.

Compromise and ReleasePetition for ReconsiderationPetition to Set AsideOrder Approving Compromise and Releaseprematuretrial leveldue processfair hearingrescindalter
References
Case No. ADJ8891597
Regular
Jul 27, 2017

FRANCISCO OROZCO vs. EXTRA SPACE MANAGEMENT, INC., TRISTAR RISK MANAGEMENT

This case concerns a defendant's petition to set aside a Compromise and Release (C&R) agreement approved by the WCJ. The Appeals Board granted reconsideration due to clerical errors in a prior dismissal order. The Board rescinded that prior order, and then dismissed the defendant's petition because it lacked sworn evidence to support allegations of mutual mistake or fraud. The Board remanded the matter for the WCJ to treat the petition as a motion to set aside the C&R and to schedule a hearing for the defendant to present evidence.

Workers' Compensation Appeals BoardReconsiderationOpinion and OrderCompromise and ReleasePetition to Set AsideMutual MistakeFraudGood CauseAdministrative Law JudgeRescind
References
Case No. ADJ3012170
Regular
Apr 10, 2009

NANCY J. FERREIRA vs. TENET HEALTHCARE/SIERRA VISTA REGIONAL MEDICAL CENTER, SPECIALTY RISK SERVICES

This case concerns an applicant seeking to reopen a prior stipulated award of 14% permanent disability, arguing the wrong rating schedule was applied. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original finding, and returned the matter for further proceedings. The Board found that while judicial error should have been raised by timely reconsideration, mutual mistake could constitute good cause to reopen. Specifically, both parties may have been mistaken about the correct permanent disability rating schedule due to the applicant's unrepresented status at the time of the stipulation.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating ScheduleLabor Code Section 4660ReopeningGood CauseExcusable MistakeMutual MistakeStipulated AwardJudicial Error
References
Case No. ADJ9474597
Regular
Jun 17, 2018

SERGIO TERRAZAS vs. SEAL SCIENCE, INC., THE HARTFORD, ADMINISTERED BY ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) granted The Hartford's Petition for Reconsideration concerning an Order Approving Compromise and Release (OACR). Hartford argued the original OACR incorrectly failed to deduct \$4,140.00 in permanent disability advances from the \$20,000 settlement. The WCAB rescinded the OACR, returning the matter to the trial level to determine if the Compromise and Release should be amended to reflect the advances. The WCJ will then decide whether to reinstate the original OACR or approve an amended one after further proceedings.

Petition for ReconsiderationOrder Approving Compromise and ReleaseSet Aside OrderCompromise and ReleasePermanent Disability AdvancesOffsetRescindAlterAmendContinuing Jurisdiction
References
Case No. ADJ6961963
Regular
Oct 07, 2009

ROSTHAM VARTANIAN vs. MIRACLE ROOTER PLUMBING, STATE COMPENSATION INSURANCE FUND

The Applicant's petition for reconsideration of the October 7, 2009 Order Approving Compromise and Release is dismissed for non-compliance with legal requirements. The WCAB suggests the applicant may seek review under Labor Code section 5803.

Compromise and ReleasePetition for ReconsiderationWCJLabor Code sections 59025903good causereopenrescindedalteredamended
References
Case No. ADJ7765356
Regular
Jul 26, 2011

WESLEY CAIN vs. LOS ANGELES METROPOLITAN AUTHORITY

The Workers' Compensation Appeals Board denied the Los Angeles Metropolitan Authority's petition for reconsideration. The Authority sought to alter a prior stipulation that awarded applicant Wesley Cain medical treatment for an admitted industrial injury. The Board adopted the WCJ's report, which found the stipulation was a binding agreement. The WCJ determined the language of the stipulation clearly provided for ongoing medical care and the Authority provided no evidence to alter this entitlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeStipulation and Request for AwardMedical treatmentIndustrial injuryMetro train driverSuicide attemptContract principlesBinding agreement
References
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