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

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. ADJ718681 (OAK 0275118) ADJ4258102 (OAK 0275119)
Regular
Nov 03, 2011

ROBERT FERNANDEZ vs. DOC BAILEY CONSTRUCTION EQUIPMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's order rejecting the defendant's objection to the applicant's petition to commute future benefits. The applicant had previously sustained injuries resulting in 71% permanent disability. After the judge initially approved a $50,000 commutation, the defendant filed an objection arguing it was not in the applicant's best interest. The WCAB is now rescinding the original commutation order and returning the case to the trial judge to consider a newly submitted stipulation between the parties or conduct further proceedings.

Petition for CommutationOrder Rejecting AnswerStipulations with Request for AwardPetition for ReconsiderationAnswer and ObjectionBest InterestEquitableReport and RecommendationDismiss unverifiedStipulation and Order
References
Case No. ADJ10069954
Regular
Dec 21, 2015

MAURO PEREZ vs. FAMILY TREE SERVICES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was based on an interlocutory order that did not determine substantive rights or a threshold issue. The Board also denied the Petition for Removal, finding no showing of substantial prejudice or irreparable harm, and that reconsideration would likely be an adequate remedy later. The defendants' procedural objection regarding venue was resolved by their filing of a verified answer.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ4641589
Regular
Mar 24, 2011

RONNEL FANIEL vs. CBS PERSONNEL HOLDINGS dba VENTURI STAFFING PARTNERS, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if the petition had been verified, they would have denied it on the merits based on the administrative law judge's report. The defendant's verified answer confirmed proper service of the Notice of Intention to Dismiss. Therefore, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedVerified AnswerNotice of Intention to DismissEAMSWorkers' Compensation Appeals BoardWCJReport and Recommendation
References
Case No. ADJ9188065
Regular
Dec 09, 2016

CESAR SALAZAR vs. GARMENT LINE, INC., OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration in a case involving an applicant and defendants Garment Line, Inc. and Oak River Insurance Company. The Board adopted the WCJ's report, finding that the lien claimant failed to appear at a lien trial and did not demonstrate good cause for their absence or a basis for relief under CCP 473. The Board also noted that defendant's answer violated Appeals Board rules by attaching improper documents.

Petition for ReconsiderationLien claimantLien trialDismissalAppeals Board Rule 10562(e)(1)Good causeCode of Civil Procedure section 473Defendant's AnswerAppeals Board Rule 10842(c)Discarded documents
References
Case No. ADJ7552049
Regular
Jun 22, 2011

RAMIRO REYES vs. BEACON BAY ENTERPRISES, INC., ONE BEACON INSURANCE

Defendant sought removal of a WCJ's order denying their petition to compel deposition answers and dismiss the applicant's psyche injury claim. However, the defendant has withdrawn their petition for removal. This withdrawal is based on the parties reaching a settlement agreement in both the current and a companion case. Therefore, the petition for removal is moot and has been dismissed by the Workers' Compensation Appeals Board.

Petition for RemovalCompel Deposition AnswersDismissal of ClaimIndustrial InjuryPsyche InjuryCompanion CaseSettlementCompromise and ReleaseMootWCJ Order
References
Case No. ADJ7189639, ADJ9059236
Regular
Mar 14, 2017

MARGARET KORAN vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal, affirming the WCJ's order. The WCJ had denied the defendant's request to compel answers at deposition, citing the applicant's right to privacy. The WCAB found that the exclusion of a bar-certified law student from the deposition did not constitute irreparable harm or significant prejudice to the defendant. Additionally, the WCAB admonished the defendant's attorney for violating WCAB rules by attaching numerous documents already in the adjudication file to the petition.

Petition for RemovalFindings and OrdersPetition to Compel AnswersConstitutional Right to PrivacyDepositionLaw Student InternSignificant PrejudiceIrreparable HarmWCAB Rule 10842Adjudication File
References
Case No. ADJ1526919 (POM 0292502)
Regular
Jan 22, 2078

EVERARDO SALAZAR vs. OMNIA ITALINA DESIGN, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Everardo Salazar's petition for reconsideration because it was untimely filed. California law requires such petitions to be filed within 25 days of the WCJ's decision, with extensions for weekends/holidays, and receipt by the Board, not just mailing, is determinative. As the petition was filed over 25 days after the decision date, it was jurisdictional and the Board lacked authority to consider it. Had it been timely, the petition would have been denied on its merits.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDISMISSALTIMELINESSJURISDICTIONALSTATUTE OF LIMITATIONSWCJ DECISIONSERVICE BY MAILCALIFORNIA LABOR CODECALIFORNIA CODE OF REGULATIONS
References
Case No. ADJ1806161 (LBO 0392151)
Regular
Jun 22, 2009

TRACY SPENCER vs. CITY OF INGLEWOOD

The applicant sought reconsideration of a decision denying workers' compensation benefits for alleged psychiatric injury. The Appeals Board denied reconsideration, finding the applicant failed to meet her burden of proof for a psychiatric injury due to a lack of substantial medical evidence. Furthermore, the Board determined that the applicant was afforded due process, receiving proper notice and opportunity to be heard, despite her failure to appear at trial. The WCJ's decision was upheld, as the applicant did not respond to opportunities to show good cause or present further evidence.

Workers' Compensation Appeals BoardTracy SpencerCity of InglewoodPermissibly Self-InsuredADJ1806161LBO 0392151Opinion and Order Denying Reconsiderationindustrial injuryadministrative analystcumulative period
References
Case No. ADJ8812554, ADJ9050566, ADJ8818133, ADJ8818138, ADJ8757878, ADJ8848066
Regular
Aug 26, 2014

SAM FOSTER vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of multiple applications filed by applicant Sam Foster against the County of Sacramento. The WCAB adopted the reasoning of the administrative law judge's report in its decision. The Board also admonished applicant's attorney for failing to include page numbering in their filings. Consequently, all petitions for reconsideration were denied.

WORKERS' COMPENSATION APPEALS BOARDPetitions for Reconsiderationadministrative law judgedeny reconsiderationapplicant's attorneypage numberingAnswerdefendant's PetitionFRANK M. BRASSMONNIE G. CAPLANE
References
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