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

Case No. ADJ878030 (MON 0360260) ADJ3081052 (MON 0358854)
Regular
Jul 11, 2012

AMTONIO MONTERO vs. HERRICK CORPORATION, MATRIX ABSENCE MANAGEMENT

In *Montero v. Herrick Corporation*, the Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration of an arbitrator's decision. The WCAB found that the statutory time constraints necessitated further study of the factual and legal issues. This reconsideration is intended to allow for a complete understanding of the record and for the arbitrator to file a Report and Recommendation. Accordingly, the WCAB granted reconsideration for these purposes and any further appropriate proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's decisionStatutory time constraintsFactual and legal issuesReport and RecommendationGranting reconsiderationAntonio MonteroHerrick CorporationMatrix Absence Management
References
Case No. ADJ3459373 (VNO 0543932)
Regular
May 04, 2009

Antonio Leyva vs. Emmons Roof Service, Barrett Business, Corvel Sacramento

The Workers' Compensation Appeals Board granted reconsideration to reverse a previous award, finding applicant Antonio Leyva's injury did not arise out of and occur in the course of employment. The Board determined the "going and coming rule" applied, as Leyva's earlier start time for his roofing job was not an extraordinary circumstance constituting a "special mission." Therefore, the commute to the job site was not covered.

Going and coming ruleSpecial mission exceptionWorkers' Compensation Appeals BoardReconsiderationFindings and AwardAntonio LeyvaEmmons Roof ServiceBarrett Business ServicesCorvel SacramentoWCJ
References
Case No. ADJ7050497, ADJ7050515
Regular
Sep 09, 2014

Antonio Ramirez Martinez vs. Universe Project Management, First Comp Insurance Agency

The Workers' Compensation Appeals Board (WCAB) dismissed Antonio Ramirez Martinez's petition for reconsideration. The WCAB adopted the administrative law judge's report, which found the petition to be untimely and "skeletal." Consequently, the petition was formally dismissed. This ruling means the prior decision on the case remains in effect without further review by the Board.

Petition for ReconsiderationDismissalUntimelySkeletalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationADJ7050497ADJ7050515Los Angeles District Office
References
Case No. ADJ3274521 (POM 0289674)
Regular
Mar 06, 2012

ANTONIO ORTIZ (ANTONIO ORTIZ CUEVAS) vs. NEW REAL INC.; AMERICAN ALL RISK LOSS

The Workers' Compensation Appeals Board dismissed applicant Antonio Ortiz's petition for reconsideration. The petition was untimely as it was filed significantly after the deadline for reconsideration. Furthermore, the petition lacked proof of service on the opposing parties, and it was deemed "skeletal" for failing to cite any facts, evidence, or legal principles from the record. The Board strongly advised the applicant to consult with the Information and Assistance Officer for future filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationProof of ServiceUntimely FilingSkeletal PetitionLabor Code § 5900(a)California Code of Regulations § 10507Jurisdictional Time LimitService OmissionDismissal
References
Case No. ADJ3316021 (VNO 0526811)
Regular
Aug 21, 2017

ANTONIO BARAJAS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEDGWICKI CMS

In *Barajas v. Los Angeles Unified School District*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board adopted the WCJ's reasoning, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm if removal was denied. Furthermore, the Board determined that reconsideration would be an adequate remedy if an adverse decision ultimately issued. Therefore, removal was deemed an inappropriate and extraordinary remedy in this instance.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationadministrative law judgeWCJ reportextraordinary remedyCortéz v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.
References
Case No. ADJ 8937991
Regular
May 23, 2017

ANTONIO PIERCE vs. WASHINGTON REDSKINS, ACE AMERICAN INSURANCE AND TRAVELERS, NEW YORK FOOTBALL GIANTS, INC., GREAT DIVIDE INSURANCE COMPANY

This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over a professional football player's cumulative injury claim. The applicant asserts he was hired in California by the Washington Redskins and New York Football Giants, Inc., triggering WCAB jurisdiction. Defendants argued against jurisdiction, citing limited California contacts and employment contracts specifying other state laws. The WCAB affirmed the judge's finding of jurisdiction, holding that the applicant's hiring in California is sufficient to establish subject matter jurisdiction under Labor Code sections 3600.5 and 5305, irrespective of other contacts.

Workers' Compensation Appeals BoardAntonio PierceWashington RedskinsACE American InsuranceTravelersNew York Football GiantsGreat Divide Insurance Companyjurisdictioncontract of hireFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)
References
Case No. ADJ10454739
Regular
Jan 07, 2020

Antonio Santelices vs. Baron HR, LLC, Bison Workforce Solutions, Inc., State Compensation Insurance Fund, Public Investment Corp., Insurance Company of the West

This case concerns a workers' compensation claim where the applicant alleged injury while employed by Baron HR, LLC, who sent him to work for Pacific Coast Warehouse. The arbitrator found Baron HR to be the general employer and Pacific Coast Warehouse the special employer, and importantly, that Bison Workforce Solutions (BWS) was the employer for insurance purposes, making its insurer, SCIF, liable. SCIF petitions for reconsideration, arguing BWS and Bison Data Systems are distinct and BWS was insured by Hartford, not SCIF, and challenging the arbitrator's evidentiary findings. The Board rescinded the arbitrator's decision, remanding for further proceedings to clarify the employment and insurance coverage relationships, especially concerning BWS's role as a Professional Employer Organization and compliance with PEO insurance regulations.

Workers' Compensation Appeals BoardAntonio SantelicesBaron HR LLCBison Workforce SolutionsState Compensation Insurance Fundgeneral employerspecial employeremployee leasingProfessional Employer OrganizationPEO
References
Case No. LAO 0879648
Regular
Jun 09, 2008

ANTO'NIO GONZALEZ vs. ASH, AMIR LANKARANI dba ANAHEIM CAR WASH

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Antonio Gonzalez was an employee of Anaheim Car Wash when he was injured. The Board adopted the administrative law judge's report, which found the applicant credible and the employer not credible. The judge determined that Gonzalez was hired to provide services for a daily wage, fulfilling the definition of an employee.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportLabor Code section 5313credibility findingGarza v. Workmen's Comp. Appeals Bd.employment disputeAnaheim Car WashAntonio GonzalezAmir Lankarani
References
Case No. ADJ878030 (MON 0360260) ADJ3081052 (MON 0358854)
Regular
Dec 17, 2012

Antonio Montero vs. Herrck Corporation, Matrix Absence Management

The Appeals Board affirmed a prior award finding applicant sustained a specific industrial injury to his right knee on March 26, 2003, resulting in five percent permanent disability and further medical treatment. All other claimed injuries, including cumulative trauma to multiple body parts, were found barred by Labor Code section 3600(a)(10). The Board adopted the arbitrator's reasoning for these findings. Applicant's petition for removal regarding the admissibility of a QME's report was also denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Award and OrderSpecific Industrial InjuryCumulative InjuryLabor Code Section 3600(a)(10)Permanent DisabilityFurther Medical TreatmentPetition for RemovalQualified Medical Examiner (QME)
References
Case No. ADJ8905657
Regular
Nov 27, 2013

SALVADOR SANCHEZ vs. ANTONIO RAMOS CONCRETE, AMTRUST

This case involved an applicant, Salvador Sanchez, and defendants Antonio Ramos Concrete and Amtrust. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed from a non-final order, specifically an Order Denying Change of Venue, which does not determine substantive rights. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The defendant's attorney was admonished for filing a petition challenging a non-final order.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory ProceduralEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable HarmInadequate Remedy
References
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