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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ7485185, ADJ9885267
Regular
Sep 18, 2017

LAURA ORTIZ vs. FARMERS INSURANCE GROUP, MID CENTURY INSURANCE

This Workers' Compensation Appeals Board decision denies a petition for reconsideration, affirming the applicant's timely invocation of jurisdiction to seek additional benefits. The Board adopted the WCJ's reasoning that the applicant's filings of an Application for Adjudication of Claim and an Amended Application, along with documented medical evidence of worsening condition, satisfied the requirements for reopening and seeking further compensation. These actions put the defendants on notice of the applicant's intent to pursue increased benefits, even without a formal petition to reopen.

Petition for ReconsiderationLabor Code section 5410Application for Adjudication of ClaimRiel v. State of CaliforniaBeaida v. Workers' Comp. Appeals Bd.stipulated awardpro perfuture medical treatmentincreased symptomsworsening condition
References
Case No. ADJ2524386 (LAO 0803654) ADJ2571077 (LAO 0803655)
Regular
Oct 02, 2020

RAUL MARINO vs. COCA-COLA ENTERPRISES, BROADSPIRE

This case concerns a minor amendment to an already approved Compromise and Release agreement between Raul Marino and Coca-Cola Enterprises. The defendant sought to increase the net payment to the applicant by $47.14 and correct the date of injury for one of the cases. The applicant agreed to these changes, and the Board found them to be in the applicant's best interest. Consequently, the Board amended its previous decision to incorporate these agreed-upon modifications.

Compromise and ReleaseAmendmentNet Amount PayableDate of InjuryReconsiderationWorkers' Compensation Appeals BoardSelf-InsuredApplicantDefendantOpinion and Order
References
Case No. ADJ9708932
Regular
Dec 04, 2015

HECTOR ORTEGA vs. VELOCITY EXPRESS LEASING, INC., LEXINGTON INSURANCE COMPANY, c/o AMERICAN INSURANCE GUARANTEE

This case concerns Hector Ortega's claim for workers' compensation benefits for an alleged injury on June 7, 2007. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration, upholding the finding that his claim was barred by the one-year statute of limitations. Ortega argued that a date-stamped Application for Adjudication of Claim, received by the WCAB on July 1, 2010, proved timely filing or warranted a due process hearing. However, the WCAB found this Application was not submitted into evidence at trial, and an Amended Application, filed later, did not relate back to overcome the statute of limitations as no timely original application was in evidence. Consequently, the Board concluded that the claim was not timely filed and denied reconsideration.

Workers' Compensation Appeals BoardStatute of LimitationsLabor Code Section 5405Petition for ReconsiderationApplication for Adjudication of ClaimAmended ApplicationPre-Trial Conference StatementTollingDue ProcessGood Cause
References
Case No. ADJ7300791
Regular
Jun 06, 2011

James Larsh vs. CITY OF MONROVIA

The City of Monrovia petitioned for removal, arguing the Appeals Board lacked jurisdiction as it was never formally joined as a defendant. While the applicant alleged an injury against the County of Riverside, a claim form also indicated a cumulative trauma injury against Monrovia, which Monrovia had participated in proceedings for, including a Mandatory Settlement Conference. The Appeals Board granted the removal petition, finding insufficient procedural formality, and ordered the case redesignated as a Mandatory Settlement Conference for Monrovia to be formally joined and the application amended.

Petition for RemovalWorkers' Compensation Appeals BoardCity of MonroviaPermissibly Self-InsuredOpinion and Order Granting Petition for RemovalDecision After RemovalApplicantIndustrial InjuryRespiratory SystemCumulative Trauma
References
Case No. ADJ5756564
Regular
Jan 31, 2012

RICK HEER vs. WORLD MINERALS INC., TRAVELERS IMDEMNITY CO. OF ILLINOIS

The Appeals Board granted the applicant's petition for removal, rescinding the order setting the case for trial. The Board found that setting the matter for trial closed discovery prematurely, causing prejudice to the applicant who was transitioning from pro se representation and seeking to amend his claim to include additional body parts. The applicant's prior counsel faced illness and filing difficulties, and the Board determined that justice required further development of the record. The Board returned the matter to the Workers' Compensation Judge for further proceedings.

Petition for RemovalDecision After RemovalWCJApplicant Pro PerQualified Medical ExaminationSummary Rating DeterminationEmployee's Permanent Disability QuestionnaireMaximum Medical ImprovementConsultative RatingDeclaration of Readiness
References
Case No. ADJ9682348
Regular
Jan 17, 2023

SAMUEL RAMIREZ vs. AEROTEK/ACE AMERICAN INSURANCE administered by ESIS, STAFFING NETWORK/CIGA by its servicing agent SEDGWICK CMS for LUMBERMANS UNDERWRITING in liquidation, ANTHONY INTERNATIONAL INC. Insured by LIBERTY MUTUAL INSURANCE, ROTH STAFFING COMPANIES insured by XL INSURANCE AMERICA administered by SEDG

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's contention that the statute of limitations did not bar the applicant's amendment of his claim from a specific injury to a cumulative trauma injury. The Board found that the amended application related back to the original timely filed application, as both parties understood the injury was cumulative, and benefits were provided accordingly. The presence of multiple defendants, including CIGA, does not preclude amendments to conform to proof, especially given Labor Code Section 5500.5 concerning cumulative trauma liability. Therefore, the Board amended the original order to find that the amended application alleging cumulative trauma was not time-barred.

CIGAcumulative traumastatute of limitationsrelation back doctrinespecific injuryworkers' compensationamended applicationLabor Code section 5405Labor Code section 5500.5joinder of defendants
References
Case No. ADJ4320293 (PAS0014831)
Regular
Nov 03, 2011

LAWRENCE WEITZER vs. LAW OFFICES OF LAWRENCE WEITZER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior order, primarily to delete a penalty award. The Board affirmed that the defendant incorrectly paid an attorney's fee installment to a trust instead of the applicant's attorney. Consequently, the defendant must pay the outstanding attorney fee, plus interest, and interest on funds repaid by the trust. The penalty was removed because the applicant was deceased, as such penalties are payable to the applicant.

SCIFattorney's fee paymentWeitzer Trustinterest on awardLabor Code section 5814 penaltyunreasonable delaygood faith legal basisCompromise and Releaseapplicant deceasedpenalty paid to applicant
References
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
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