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

Case No. ADJ271462 (SJO 0255768)
Regular
Apr 03, 2017

SHAWN LEWIS vs. TANEJA, INC dba PASSAGE TO INDIA, UNINSURED BENEFITS TRUST FUND OF THE STATE OF CALIFORNIA

This case involves an appeal of a $\$1,000$ sanction imposed on applicant's attorney for failing to appear at a hearing. The attorney argued he had arranged alternate representation, but the substitute attorney had a prior conflict with the applicant. The Workers' Compensation Appeals Board rescinded the sanction, finding the circumstances made imposition unjust, especially given opposing counsel's agreement to a continuance. The Board noted that while the attorney's planning was flawed, the judge should have granted the continuance due to these unusual circumstances.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Imposing SanctionsWCJAttorney SanctionsFailure to AppearAlternate RepresentationPersonal ConflictContinuance RequestWCAB Rule 10561
References
Case No. ADJ7009407 ADJ7009413
Regular
Jan 16, 2015

FRANCES VALLE vs. J&M SALES, INC., NATIONAL STORES, INC., dba FALLAS PAREDES, HARTFORD FINANCIAL SERVICES GROUP

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed for failure to file a verified objection to dismissal. The Workers' Compensation Appeals Board (WCAB) granted the petition, rescinded the dismissal order, and returned the matter for a ruling on the merits of the objection. The WCAB clarified that the rule regarding notice of attorney representation did not apply to the specific facts presented regarding the lien claimant's representation. The case is now back for the WCJ to determine the validity of the lien.

Petition for ReconsiderationOrder Dismissing LienLien ConferenceVerified ObjectionJudicial PolicyCuring DefectsNotice of Intention to DismissReport and RecommendationWCAB Rule 10774.5Notice of Representation
References
Case No. ADJ8077330
Regular
Jan 26, 2018

LISA HENRY vs. ALLIED BARTON SECURITY SERVICES, Insured By ARCH COMPANY, Administered By ESIS CHATSWORTH

Lien claimants sought reconsideration of orders dismissing their liens due to alleged failure to file a Notice of Change of Representation. The Appeals Board granted reconsideration because the proof of service for the dismissal orders was insufficient, making the lien claimants' petition timely. Furthermore, the Board found that lien claimants complied with WCAB Rule 10774.5(e) by presenting their Notice of Representation at the lien trial. Consequently, the WCAB rescinded the dismissal orders and returned the matter for further proceedings.

WCABLien ClaimantsNotice of Change of RepresentationWCAB Rule 10774.5(e)(2)Petition for ReconsiderationWCJEAMSOfficial Address RecordProof of Servicetimely filed
References
Case No. ADJ7456943
Regular
Jun 12, 2015

LILIAN LOPEZ vs. THE EDWARD THOMAS COMPANIES, GALLAGHER BASSETT SERVICES

This case concerns a lien claimant, Elena Konstat, Ph.D., whose lien was dismissed after she failed to appear at a lien conference and did not provide good cause. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the dismissal. The Board found that the lien claimant's notice of representation was procedurally deficient and did not comply with relevant WCAB rules. Additionally, the petition for reconsideration itself lacked proper verification from someone with personal knowledge of the facts.

Lien claimantPetition for ReconsiderationOrder Dismissing LienWCJNotice of RepresentationWCAB Rule 10774.5failure to appeargood causeverificationpersonal knowledge
References
Case No. ADJ6643295
Regular
Oct 28, 2014

FRANCISCO MARTINEZ vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURER'S SECURITY FUND, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) rescinded three orders dismissing lien claims due to unclear representation of the lien claimants at trial. The WCAB noted the lien claimants' representative, BBE Management, and a potential representative, Mr. House, had conflicting or unclear roles. Therefore, the matter was returned to the WCJ for further proceedings to clarify representation and to reconsider sanctions. Sanctions were not imposed at this time pending this clarification.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrders Dismissing Lien ClaimsWCJlien claimantsBBE ManagementWCAB Rule 10774.5notice of intention to dismissnotice of intention to impose sanctionsobjection
References
Case No. ADJ10574278
Regular
Oct 08, 2018

SERGIO GUTIERREZ vs. STRUCTURAL ALTERNATIVE SOLUTION CONCEPTS, NATIONAL UNION FIRE INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous decision, and returned the case for further development of the record. The WCAB found the prior judge erred in solely attributing the applicant's temporary disability to the defendant, Structural Alternative Solution Concepts. Medical evidence suggests the applicant may have sustained multiple cumulative injuries during subsequent employment. The WCAB mandates a review of potential consolidation of cases and requires medical evaluators to provide an analysis regarding the number and causation of injuries.

Cumulative injuryPetition for reconsiderationAgreed medical evaluatorTemporary disabilityCausationIndustrial injuryLeft elbowLeft bicep tendonLeft shoulderLow back
References
Case No. ADJ8546699
Regular
Apr 10, 2017

MARIA HERRERA vs. YONEKYU USA, INC., SOMPO JAPAN INSURANCE COMPANY OF AMERICA, TRAVELERS DIAMOND BAR, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants Preferred Scan and Tower Imaging, rescinding the dismissal of their liens. The WCAB found that the notices of representation filed by the lien claimants' representative at the lien trial, despite not being formal "change of representation" notices, were sufficient under WCAB Rule 10774.5(e)(2) because no prior representation notice was on file. The matter was returned to the trial level for further proceedings before a different judge.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationWCJDismissed LiensNotice of RepresentationWCAB Rule 10774.5Lien TrialRepresentative AppearanceRescinded Orders
References
Case No. ADJ9257767
Regular
Aug 28, 2014

JILL ALES vs. DRUG ABUSE ALTERNATIVE CENTER, CYPRESS INSURANCE, BERKSHIRE HATHAWAY HOMES STATE COMPANIES

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Jill Ales versus Drug Abuse Alternative Center. The Board adopted the WCJ's report as the basis for this denial. However, the Board noted that a change of venue might be considered if trial is required and specific listed witnesses must testify.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportChange of VenueDenial of RemovalDrug Abuse Alternative CenterCypress InsuranceBerkshire HathawayADJ9257767Anaheim District Office
References
Case No. ADJ1377104 (VNO 0494626) ADJ4461737 (VNO 0494235) ADJ1560314 (VNO 0494624) ADJ4309040 (VNO 0494121) ADJ121879 (VNO 0494236)
Regular
May 11, 2016

STEFFANI ALVAREZ vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board dismissed the lien claimants' petition for reconsideration because it was filed one day late. The Board affirmed the WCJ's dismissal of the liens for failure to file a notice of representation. The opinion also provides detailed guidance on the strict requirements for filing a notice of representation under WCAB Rule 10774.5.

WCABPetition for ReconsiderationLien claimantsNotice of representationWCJTimelinessLabor CodeRule 10774.5Allied Injury ManagementSan Bernardino
References
Case No. ADJ6573692
Regular
May 09, 2016

Gloria Mares vs. 99 Cents Only Stores, Broadspire

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by lien claimants. The petition was dismissed because the lien claimants' representative, Frank Ureno, failed to file a proper Notice of Representation with the Board. This procedural defect, the failure to comply with notice requirements for representation, was grounds for dismissal. The Board also noted that the petition would have been denied on its merits if not for the procedural issue.

Petition for ReconsiderationLien claimantsNotice of RepresentationHearing RepresentativeCalifornia Code of Regulations 10774.5DismissalWorkers' Compensation Appeals BoardWCJ ReportUn-numbered pagesOrder Dismissing Lien Balance
References
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