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

Case No. ADJ10946930, ADJ10946848, ADJ10902572
Regular
Jan 13, 2020

Angelica Ruiz vs. Charter Oak Unified School District, York Risk Services

This case involves a Petition for Removal filed by the applicant, Angelica Ruiz, against Charter Oak Unified School District and York Risk Services. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that Ruiz failed to demonstrate substantial prejudice or irreparable harm would result from denial. The WCAB also determined that reconsideration would be an adequate remedy should an adverse decision issue later. Furthermore, the Board noted that sufficient time had passed for either party to place the matter back on the calendar.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportAdministrative Law JudgeExtraordinary RemedyFinal DecisionDeclaration of Readiness
References
Case No. ADJ7723923
Regular
Mar 12, 2013

ANGELICA HILL vs. SOUTHWESTERN COMMUNITY COLLEGE DISTRICT

This Workers' Compensation Appeals Board case involves Angelica Hill versus Southwestern Community College District. The Board has dismissed both parties' Petitions for Reconsideration. The dismissal is based on the finding that the petitions were untimely and unverified, as detailed in the adopted reports of the workers' compensation administrative law judge.

Petitions for ReconsiderationDismissalUntimelyUnverifiedWorkers' Compensation Appeals BoardWCJReport and RecommendationsAngelica HillSouthwestern Community College DistrictPermissibly Self-Insured
References
Case No. ADJ3021055
Regular
May 12, 2010

MIGUEL RUIZ vs. PAT LOFTIS FARMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Miguel Ruiz's petition for reconsideration. The Board adopted the administrative law judge's report, which found Ruiz's testimony not credible. The judge based this finding on conflicting evidence regarding the water truck/trailer involved in the alleged injury and other inconsistencies in Ruiz's statements. The denial upholds the original order that Ruiz take nothing from his claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgecredibilityGarza v. Workers' Comp. Appeals Bd.Findings and Orderpro perinjurylow back injuryfall
References
Case No. ADJ317834
Regular
Sep 13, 2011

Alexis Ruiz vs. Valley and Farm, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Alexis Ruiz was the initial aggressor in an incident leading to his injury. The Board adopted the administrative law judge's (WCJ) report, which found Ruiz's account less credible than the defense's. Key factors included Ruiz's failure to report the alleged assault immediately to his employer, inconsistencies in his testimony, and his cousin's absence as a witness. The WCJ's credibility determination, based on a review of the entire record, was given great weight.

Workers' Compensation Appeals BoardPetition for ReconsiderationInitial AggressorAOE/COECredibility FindingTake NothingAffirmative DefenseEvidentiary HearingsSummary of EvidencePercepient Witness
References
Case No. ADJ3447817 (SJO 0260464)
Regular
Dec 10, 2012

LIZABETH RUIZ vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND (SIBTF)

This case concerns Lizabeth Ruiz's petition for reconsideration of the denial of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. Ruiz argued she had a pre-existing "labor disabling" psychiatric condition prior to her subsequent industrial injury. The Board affirmed its prior decision, holding that Ruiz failed to meet her burden of proof to establish that her pre-existing condition was labor-disabling and compensable at the time of the subsequent injury. The Board reiterated that retroactive medical evaluations are insufficient without contemporaneous evidence of such disability, and denied the petition to reopen the record.

Subsequent Injuries Benefits Trust FundSIBTFlabor disablingpermanent disabilitycumulative traumapsychiatric conditioncontemporaneous evidencerating methodologyadministrative law judgepetition for reconsideration
References
Case No. ADJ2165124 (LBO 0337853) ADJ1517186 (LBO 0337823)
Regular
Oct 13, 2009

RAFAEL RUIZ vs. FARMERS BROTHERS, SEDGWICK CMS

The petition for reconsideration is denied for reasons stated in the WCJ's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying ReconsiderationAdministrative Law JudgeWCJ ReportADJ NumberLBO NumberFarmers BrothersSedgwick CMSRafael Ruiz
References
Case No. ADJ796326 SBR 0335473
Regular
Jan 25, 2012

REVIN DELONEY vs. ANGELICA LINENS, GALLAGHER BASSETT

The applicant, Revin Deloney, filed a Petition for Removal with the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Based on the record and adopting the WCJ's reasoning, the WCAB has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdenial of removalAdministrative Law JudgeAngelica LinensGallagher BassettDeloneySan Bernardino District Officeremoval petition
References
Case No. ADJ2219612 (LBO 0392747)
Regular
Dec 20, 2013

JUAN RUIZ vs. WAKEFIELD ENGINEERING/LOCKHART INDUSTRIES, THE HARTFORD

This case involved a petition for reconsideration filed by a lien claimant that was dismissed by the Workers' Compensation Appeals Board. The Board found the petition untimely because it was not filed within the statutory 20-day period plus 5 days for mailing. Consequently, the Board lacked jurisdiction to consider the merits of the petition. The petition was therefore dismissed as untimely.

Petition for ReconsiderationDismissalUntimelyJurisdictionLabor Code section 5903Code of Civil Procedure section 1013Administrative Law JudgeWCJLien ClaimantWakefield Engineering
References
Case No. ADJ8266811 ADJ8710466
Regular
Jan 12, 2017

LILIANA RUIZ vs. MCDONALD'S, ZENITH INSURANCE COMPANY, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

This case involves Liliana Ruiz filing eleven workers' compensation claims against McDonald's, six of which were consolidated. One defendant, Zenith Insurance Company, settled two of these consolidated cases with Ruiz via a Compromise and Release for $20,000. Another defendant, California Restaurant Mutual Benefit Corporation (administered by American Claims Management), petitioned for reconsideration, arguing the settlement contravened consolidation purposes. The Board denied reconsideration, adopting the WCJ's report which found American Claims failed to demonstrate prejudice or good cause to set aside the settlement. The Board clarified that Zenith's settlement resolved only its potential liability and did not affect American Claims' right to seek contribution.

Petition for ReconsiderationCompromise and ReleaseContributionConsolidationCumulative TraumaAOE/COEApportionmentInsurance CoverageWCJWorkers' Compensation Appeals Board
References
Case No. ADJ6808942
Regular
Mar 04, 2013

ANGELICA GUTIERREZ vs. GLENDALE ADVENTIST MEDICAL CENTER, ADVENTIST HEALTH

This case involves a petition for reconsideration filed by the defendant, Glendale Adventist Medical Center and Adventist Health, regarding a December 14, 2012 Findings and Award. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration. The WCAB requires further study of the factual and legal issues to ensure a just and reasoned decision. All future communications related to this case must be filed in writing with the WCAB Commissioners' office in San Francisco and cannot be submitted to district offices or e-filed.

Petition for ReconsiderationFindings and AwardStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the CommissionersWorkers' Compensation Appeals BoardElectronic Adjudication Management SystemVan Nuys District OfficeGlendale Adventist Medical Center
References
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