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

Case No. AHM 0118031; AHM 0118045; AHM 0118046; AHM 0118048; AHM 0118050; AHM 0118332
Regular
May 13, 2008

NHIEN TRAN vs. CARGOTEC, INC., EMPLOYERS SELFINSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration of an award of $\$ 2,217.50$ for medical treatment, finding the original decision supported by substantial evidence including an Agreed Medical Examiner's opinion and fee schedule limitations. The Board also dismissed the lien claimant's amended petition for reconsideration as untimely filed, noting it was received after the statutory deadline. Furthermore, a supplemental amended petition was dismissed as unauthorized under Appeals Board rules.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Findings & Award & OrderAdministrative Law JudgeACOEM GuidelinesCompromise and ReleaseAgreed Medical ExaminerOfficial Medical Fee ScheduleLabor Code section 4604.5
References
4
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ3412693
Regular
Oct 13, 2010

COLINE ANTOURI vs. WARNER BROTHERS STUDIO, PSI, WARNER BROTHERS WORKERS' COMPENSATION

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, which sought to deny reimbursement for applicant's medication costs. The Board granted the applicant's petition for removal, amending the order to further develop the record. This amendment requires parties to select an Agreed Medical Evaluator (AME) within ten days, or the WCJ will appoint a regular physician to address new and further disability and apportionment, following the procedure outlined in *McDuffie*. The Board affirmed the WCJ's original findings and orders otherwise.

Workers' Compensation Appeals BoardReconsiderationRemovalAgreed Medical EvaluatorRegular PhysicianLabor Code Section 5701Labor Code Section 4062.2(c)Utilization ReviewOut-of-Pocket ExpensesNew and Further Disability
References
1
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ2217160
Regular
Jul 16, 2012

ALICIA NEGRETE vs. MARRIOTT INTERNATIONAL, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board granted defendants' petition for reconsideration because a crucial document, their First Amended Petition for Penalties, was missing from the EAMS record. This missing petition was referenced in their petition for reconsideration and is essential for a complete understanding of the case. The Board will dismiss the defendants' petition for reconsideration unless they provide a copy of the referenced document within 15 days. All future filings must be sent directly to the Appeals Board Commissioners' office, not district offices or EAMS.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFirst Amended Petition for PenaltiesCosts and SanctionsEAMSNotice of Intention to DismissAdmitted EvidenceStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
2
Case No. ADJ11124817
Regular
Mar 25, 2019

GASPAR VILLEGAS vs. INTERIOR RESOURCES, SECURITY NATIONAL INSURANCE, AMTRUST NORTH AMERICA, INC.

This case involves defendant's petitions challenging an order awarding interpreter costs. The Appeals Board dismissed the petition for removal and treated the January 22, 2019 petition as a timely petition for reconsideration, which was granted. The Board also dismissed the February 4, 2019 petition as untimely or moot. The January 7, 2019 order was affirmed, but amended to award $228.00 in Labor Code section 5811 costs.

Petition for RemovalPetition for ReconsiderationWCJ reportsLabor Code 5811 Costsinterpreting costsfinal ordersubstantive rightthreshold issueuntimely petitionmoot petition
References
8
Case No. ADJ1072175
Regular
Jun 05, 2015

DENNIS PEREZ vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the finding of industrial injury to the applicant's psyche. However, the Board granted the applicant's petition to amend the original award. This amendment corrects the period for temporary disability indemnity benefits, extending entitlement from November 25, 2008, to October 11, 2010, with credit for overpayments after the permanent and stationary date. The Board also admonished applicant's counsel for a pleading deficiency.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryBilateral LegsPsycheTemporary Disability IndemnityAgreed Medical EvaluatorPermanent and StationaryOverpayment
References
0
Case No. ADJ1944746
Regular
Feb 02, 2009

JERRY W. FRANKLIN vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, TRAVELERS

This case involves an applicant's claim for workers' compensation benefits due to injuries sustained while employed as an office clerk. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration to correct a clerical error that omitted a finding on earnings. The defendant's petition for reconsideration, which alleged insufficient evidence for industrial injury and procedural error by the judge, was denied. The WCAB affirmed the Amended Findings and Award, amending it to include the applicant's weekly earnings.

ApportionmentLabor Code section 4663SB 899CausationPermanent disabilityIndustrial injurySurveillance videoOpinion on DecisionAmended Findings and AwardPetition for Reconsideration
References
6
Case No. ADJ8329154, ADJ8329147, ADJ6945103, ADJ8329173, ADJ8329177
Regular
Nov 25, 2013

ENRIQUE ESTRADA TOVAR vs. VILLA AMOROSA CONSTRUCTION, AMTRUST, HILL FAMILY VINEYARD MANAGEMENT and INSURANCE COMPANY OF THE WEST, MARIA'S MARKET and GUARD INSURANCE

This Workers' Compensation Appeals Board case denied the applicant's petition for reconsideration. It granted the defendant's petition in ADJ8329177, amending the prior decision. Specifically, the Board rescinded findings and the award related to employment with Blanket Estates. The amended decision now finds no employment by Blanket Estates for the claimed periods, resulting in no award for the applicant in ADJ8329177.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialGrantDecision After ReconsiderationFindingsAwardNo EmploymentTake NothingAdjudication of Claim
References
0
Case No. ADJ8278101 ADJ8278102 ADJ10320660
Regular
Jan 30, 2017

JESUS GUZMAN vs. ABBOT’S PIZZA, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST, SECURITY NATIONAL INSURANCE COMPANY

This case involves multiple petitions stemming from an administrative law judge's rescission of a previously approved Compromise and Release. The Appeals Board dismissed Security National's petitions as they were not a party to the original agreement and dismissed Employers Comp's petition due to withdrawal. Insurance Company of the West's reconsideration petition was dismissed as interlocutory, but its removal petition was granted to address due process concerns. The Board amended the rescission order to require a hearing on whether the original settlement should be rescinded, returning the case to the WCJ for further proceedings.

Compromise and ReleaseOrder ApprovingOrder RescindingPetition for ReconsiderationPetition for RemovalSupplemental PleadingSanctionsAggrieved PartyFinal DecisionInterlocutory Order
References
10
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