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

Case No. MISSING
Regular Panel Decision

United States v. Estrada-Tepal

The case involves Defendants Jorge Estrada-Tepal, Ricardo Estrada-Tepal, and Victor Leonel Estrada-Tepal, who are charged with sex trafficking and related offenses. Defendant Ricardo Estrada-Tepal filed a motion to dismiss all counts brought pursuant to 18 U.S.C. § 1591, arguing that the law is unconstitutionally overbroad as it infringes upon the right to free association. The Court, after construing the statute, acknowledged its broad scope, which encompasses seemingly harmless conduct without requiring a specific criminal purpose to further sex trafficking. However, the Court determined that the potential interference with intimate and expressive association rights was not substantial in relation to the statute's legitimate goal of eliminating human trafficking. Consequently, the Court denied the Defendant's motion to dismiss.

Sex TraffickingOverbreadth DoctrineFirst AmendmentFreedom of AssociationCriminal LawMotion to Dismiss18 U.S.C. § 1591Human TraffickingStatutory InterpretationDue Process
References
53
Case No. ADJ636363
Regular
2011-MM-DD

ANASTACIO ESTRADA vs. CONTINENTAL AIRLILNES, INC., GALLAGHER BASSETT SERVICES

This case concerns an applicant's industrial injury to multiple body systems sustained while employed by Continental Airlines. The Appeals Board granted reconsideration to clarify temporary disability (TD) and apportionment of permanent disability. Regarding TD, the Board modified the award to require the parties to adjust or the WCJ to determine TD based on specific treatment dates by Dr. Curtis, not the previously awarded broad period. The Board affirmed the finding of 100% permanent disability without apportionment, finding the defendant failed to meet its burden of proof. Finally, the issue of the applicant's attorney's fees was deferred for further determination by the WCJ due to calculation uncertainties.

Workers' Compensation Appeals BoardAnastacio EstradaContinental AirlinesGallagher Bassett ServicesADJ636363Opinion and Order Granting ReconsiderationFindings and AwardPulmonary systemsHypertensionPsyche
References
6
Case No. ADJ8669912, ADJ8093149, ADJ8095729, ADJ8086538
Regular
Apr 15, 2015

ERASTO ESTRADA vs. ENNABE PROPERTIES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration in the case of Erasto Estrada v. Ennabe Properties, Inc. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB requires all correspondence related to the petition to be filed directly with the Commissioners in San Francisco, not the district office, and specifically prohibits e-filing for these matters. Trial level documents unrelated to the reconsideration petition should continue to be filed through EAMS or in paper form as permitted.

WCABPetition for ReconsiderationEnnabe PropertiesADJ8669912ADJ8093149ADJ8095729ADJ8086538San FranciscoEAMSWCJ
References
0
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
0
Case No. ADJ1930275
Regular
Sep 21, 2015

JUAN LEDESMA vs. NELSON MARTINEZ, AMADOR ESTRADA, SARA MONTENEGRO

This case involves a workers' compensation claim by Juan Ledesma for an injury sustained on December 4, 2004, while working on a construction project. The applicant was hired by Nelson Martinez, who was working under Amador Estrada. Sara Montenegro, the property owner at the time of the injury, sought dismissal as a defendant, but her Petition for Reconsideration was denied. The Workers' Compensation Appeals Board adopted the judge's findings that Montenegro did not intend to convey the property and engaged in transactions to avoid liability after the injury.

Petition for ReconsiderationProperty Owner LiabilityGrant DeedEasementBuilding PermitsAvoid LiabilitySubsequent TransactionsInadvertent ErrorWCABWCJ
References
0
Case No. ADJ4070941 (AHM 0132418)
Regular
May 30, 2013

ARMANDO ESTRADA vs. PRIME WHEEL CORPORATION, STAFF CHEX, INC., SEDGWICK CIGA GLENDALE

This case involves a Petition for Reconsideration filed by Armando Estrada regarding a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The dismissal was based on the administrative law judge's report, which found the petition to be skeletal and lacking merit to address the underlying issues. Therefore, the WCAB adopted the judge's recommendation and dismissed the petition without considering its substance.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWCJ ReportSkeletal PetitionMeritsAdministrative Law JudgePrime Wheel CorporationStaff Chex Inc.Sedgwick Ciga Glendale
References
0
Case No. ADJ4027846 (LBO 0307467) ADJ2201422 (LBO 0361370)
Regular
Sep 12, 2014

RUBEN ESTRADA OVALLE vs. BRISTOL FARMS, AMERICAN CASUALTY, PHICO, SEDGWICK, SPRINGFIELD COVINA

The Workers' Compensation Appeals Board dismissed two petitions for reconsideration filed by applicant Ruben Estrada Ovalle. The first petition was dismissed because it challenged a non-final interlocutory order, not a decision determining substantive rights or liabilities. The second petition was dismissed as unverified and unintelligible, failing to comply with Labor Code requirements. Additionally, the applicant's answer to the WCJ's Report was disregarded for violating WCAB Rules.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightLiabilityUnverified PetitionUnintelligible PetitionWCAB Rule 10848Dismissed PetitionsWorkers' Compensation Appeals Board
References
9
Case No. ADJ8072768
Regular
Jun 13, 2017

TERESA ESTRADA vs. EDGE SALES \& MARKETING, REPUBLIC UNDERWRITERS INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted applicant Teresa Estrada's petition for reconsideration of a prior award. The WCAB rescinded the original decision and returned the case to the trial level for further proceedings. This action was based on the WCJ's Report recommending further development of the record, as the existing medical evidence was insufficient to decide the issues. The WCAB's decision is not final and the parties retain the right to seek reconsideration of any new decision.

WCABPetition for ReconsiderationFindings & Awardlumbar spinevenous insufficiencyatrial fibrillationpeptic ulcer diseasepermanent disabilityapportionmenttotally disabled
References
1
Case No. ADJ7754584
Regular
Jul 08, 2014

LORENA ESTRADA vs. IDS USA WEST INC.; MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA, administered by MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Lorena Estrada's petition for reconsideration and denying her request for removal. The Board adopted the reasoning presented in the administrative law judge's report and recommendation. Specifically, the WCAB declined to accept the applicant's supplemental petition for reconsideration under California Code of Regulations, title 8, section 10848. Therefore, both the reconsideration and removal were denied.

WCAABReconsiderationRemovalPetitionDismissedDeniedSupplemental PetitionAdministrative Law JudgeReport and RecommendationCalifornia Code of Regulations
References
0
Case No. ADJ9431614
Regular
Jan 31, 2019

RAYMUNDO ESTRADA vs. GREEN GARDEN SERVICE

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order due to improper notice. The dismissal was based on the applicant's failure to appear at conferences and suspected death, but the Notice of Intent to Dismiss did not adequately reflect these grounds. The Board found good cause to grant the applicant's attorney's petition to withdraw. The case is returned to the WCJ for further proceedings and issuance of a new Notice of Intent to Dismiss.

Petition for ReconsiderationNotice of Intent to DismissMandatory Settlement ConferenceStatus ConferencePetition to be Relieved as Attorney of RecordDeceased ApplicantOrder Dismissing CaseWithdrawal PetitionReinstatementFailure to Appear
References
0
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