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

Case No. ADJ3717786 (SAL 0117743)
Regular
May 14, 2013

ANGELINA CARRILLO vs. MONTEREY MUSHROOMS, INC., ACCLAMATION INSURANCE MANAGEMENT SERVICES, INC.

This case involves Angelina Carrillo's workers' compensation claim against Monterey Mushrooms, Inc. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the initial decision. The WCAB affirmed the prior decision but amended Finding of Fact #3 and Award (A) to reflect a permanent partial disability rating of 32%. This resulted in an award of $33,350 in permanent disability indemnity, payable over 145 weeks, after adjustments and attorney fees.

Workers' Compensation Appeals BoardReconsideration GrantedPermanent Partial DisabilityApportionmentPermanent Disability IndemnityEDD LienAttorney FeesVictor RedulaMonterey MushroomsAcclamation Insurance Management Services
References
0
Case No. MISSING
Regular Panel Decision

Carrillo v. National Council of the Churches of the Christ in U.S.A.

Plaintiff Emilio F. Carrillo, Jr. was terminated from his role as Director of Human Resources at the National Council of the Churches of Christ in the U.S.A. (NCC) following an $8 million investment loss from the NCC Health Insurance Program for Retirees. He alleged violations of the Family and Medical Leave Act (FMLA) due to the timing of his termination coinciding with medical leave and also claimed defamation under New York state law by defendant Campbell regarding his role in the losses. The court granted summary judgment to the defendants on the FMLA claim, ruling that Carrillo, an at-will employee, was slated for termination prior to his leave, and the FMLA does not grant greater rights than otherwise entitled. The court declined to exercise supplemental jurisdiction over the state defamation claim, dismissing it.

FMLAwrongful terminationdefamationat-will employmentinvestment lossesmedical leavesummary judgmentsupplemental jurisdictionfederal claimstate law claim
References
7
Case No. ADJ8218969
Regular
Feb 05, 2015

JOSE CARRILLO (Deceased) ELVIRA CARRILLO (Widow) vs. ESTERLINE TECHNOLOGIES CORPORATION, ARCH INSURANCE, Administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration of a taken nothing order concerning the death claim of Jose Carrillo, who died of renal cell carcinoma. The initial decision found the widow failed to prove her husband's cancer was industrially caused by toxic exposure during his employment. The Board found the Qualified Medical Evaluator's opinion equivocal and the record insufficient to determine the extent of the decedent's exposure to carcinogens. Therefore, the case was returned to the trial judge for further development of the record regarding chemical exposure and a new determination of industrial causation.

Workers' Compensation Appeals BoardElvira CarrilloJose CarrilloEsterline Technologies CorporationArch InsuranceESISADJ8218969Petition for ReconsiderationFindings and Ordertaken nothing order
References
0
Case No. ADJ7705383
Regular
Dec 11, 2012

RICHARD CARRILLO vs. MANPOWER, SEDGWICK CMS

In this workers' compensation case, the applicant, Richard Carrillo, filed a petition for reconsideration of a July 5, 2012 decision. However, the petitioner subsequently withdrew their petition for reconsideration. Consequently, the Workers' Compensation Appeals Board issued an order dismissing the petition.

Petition for ReconsiderationDismissalWithdrawnWorkers' Compensation Appeals BoardManpowerSedgwick CMSApplicantDecisionSanta Ana District OfficeADJ7705383
References
0
Case No. ADJ7195364
Regular
Sep 09, 2013

ANGELINA ALDAZ vs. CALIFORNIA CEREAL COMPANY, INSURANCE COMPANY OF THE WEST

This case, concerning Angelina Aldaz against California Cereal Company and its insurer, has resulted in an order dismissing the Petition for Reconsideration. The petitioner voluntarily withdrew their reconsideration request. Consequently, the Workers' Compensation Appeals Board has officially dismissed the petition.

Petition for ReconsiderationWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardAngelina AldazCalifornia Cereal CompanyInsurance Company of the WestADJ7195364Oakland District OfficeFrank M. Brass
References
0
Case No. MISSING
Regular Panel Decision

Bogutski v. Board of Education

The plaintiff, Angelina Bogutski, sued the Board of Education of the City of New York and an individual custodian-engineer for injuries sustained during her employment. The court ruled that the negligence action is barred by Workers’ Compensation Law §§ 11 and 29 (6). The individual defendant, also an employee of the Board of Education, is considered a coemployee. Therefore, the plaintiff is prohibited from maintaining a negligence action against a coemployee under Workers’ Compensation Law § 29 (6). The order from the Supreme Court, Kings County, granting summary judgment was unanimously affirmed.

Workers' CompensationNegligence ActionCo-employee ImmunityEmployer LiabilitySummary Judgment AppealEducation LawAppellate DivisionInjury During EmploymentGovernment Employer
References
4
Case No. ADJ7174342
Regular
Jul 29, 2010

ALVARO CARRILLO vs. CP MANUFACTURING, ZENITH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was sought from a non-final procedural order, not a final decision on substantive rights. The WCAB also denied the defendant's petition for removal, finding their objection to venue untimely. The defendant failed to file their venue objection within the 30-day window and did not provide the required sworn statement regarding receipt of notice. Therefore, venue remains in Los Angeles, though a future venue change for good cause is not precluded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueFinal OrderProcedural OrderLabor Code section 5501.5(c)Appeals Board rule 10410Untimely ObjectionVenue
References
2
Case No. ADJ7507504; ADJ7507542
Regular
Jun 13, 2012

MARIA CARRILLO vs. HELP N TIME BBSI, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of a decision allowing treatment outside the Medical Provider Network (MPN). The Board found that the defendant's MPN physician failed to provide reports, justifying the applicant's treatment elsewhere under Labor Code sections 4605 and 5402(c). The Board also noted that statutory provisions for second opinions or independent medical review were inapplicable as the applicant wasn't disputing diagnosis or treatment, but rather the MPN physician's inaction. The defendant's argument regarding treatment for unpled body parts was dismissed as pleadings could be conformed to proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationMedical Provider Network (MPN)Independent Medical ReviewLabor Code Section 4616.6Labor Code Section 4605Labor Code Section 5402(c)Treating PhysicianSecond OpinionThird Opinion
References
1
Case No. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
References
0
Case No. ADJ7719844
Regular
Apr 02, 2013

ANGELINA PRECIADO vs. DMS FACILITY SERVICES, CARL WARREN AND COMPANY

Lien claimants Komberg Chiropractic and Archie Mays petitioned for reconsideration after their liens were dismissed for failure to appear at an arbitration hearing. The Workers' Compensation Appeals Board (WCAB) dismissed their petition because it failed to comply with procedural rules, specifically the requirement to serve the petition on the Appeals Board in San Francisco. Even if the procedural defects were ignored, the WCAB would have denied the petition on the merits, upholding the arbitrator's dismissal of the liens.

Lien claimantsPetition for reconsiderationWorkers' Compensation Appeals BoardArbitration hearingDismissed liensProof of serviceEAMSMPNCalifornia Code of RegulationsLabor Codes
References
0
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