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

Case No. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
Case No. ADJ8359721
Regular
Mar 12, 2013

MARY STAMPER vs. COUNTY OF KERN

The Workers' Compensation Appeals Board (WCAB) denied the County of Kern's petition for reconsideration. The WCAB adopted the Workers' Compensation Judge's (WCJ) report and recommendation, which found the applicant sustained a new injury on April 11, 2012, rather than merely a temporary exacerbation of a prior injury. This finding was based on the WCJ's credible assessment of the applicant's testimony and medical evidence, particularly the opinion of Dr. Silver. Consequently, the applicant was awarded temporary total disability, medical care, and attorney's fees for the new injury.

ADJ8359721Mary StamperCounty of KernWorkers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.April 11 2012
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ7785936
Regular
Sep 28, 2012

LISA VALDEZ vs. AH CLEARLAKE HOSPITAL, INC. dba ST.\nHELENA HOSPITAL CLEARLAKE, administered by, ADVENTIST HEALTH

This case involves a petition for reconsideration filed by Lisa Valdez related to a prior decision dated August 22, 2012. The petitioner, Valdez, has since withdrawn their petition. Consequently, the Workers' Compensation Appeals Board has formally dismissed the petition for reconsideration. This dismissal is effective as of September 28, 2012.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantADJ7785936Santa Rosa District OfficeAugust 22 2012September 28 2012
References
Case No. ADJ6883927
Regular
Jul 06, 2012

UWE VON SCHAMANN vs. MIAMI DOLPHINS, MULTI-LINE CLAIMS SERVICE

This Workers' Compensation Appeals Board case, ADJ6883927, involves applicant Uwe Von Schamann against Miami Dolphins. The Board issued an order dismissing the applicant's Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board is officially closing out this reconsideration process.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardApplicantDefendantsMiami DolphinsMulti-Line Claims ServiceSanta Ana District OfficeDecision
References
Case No. ADJ7077497, ADJ7984313, ADJ7984335
Regular
Oct 16, 2012

LULA TAVE vs. COUNTY OF LOS ANGELES/DEPARTMENT OF HEALTH SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior decision. The WCAB rescinded the Administrative Law Judge's (WCJ) decision from August 2, 2012. The case is now returned to the trial level for further proceedings and a new decision by the WCJ. This order is not a final determination on the merits.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsDecision After ReconsiderationWCJ ReportWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ7077497
References
Case No. ADJ7110968
Regular
Apr 09, 2013

CLAUDIA LARA vs. NORTHGATE MARKET, ESIS

This case involves Claudia Lara, applicant, versus Northgate Market and ESIS, defendants. The Workers' Compensation Appeals Board issued an Order Dismissing Petition for Reconsideration. The dismissal is due to the petitioner having withdrawn their petition for reconsideration of the January 13, 2012 decision. Therefore, the petition has been formally dismissed by the Board.

Petition for ReconsiderationWithdrawn PetitionDismissed OrderWorkers' Compensation Appeals BoardApplicantDefendantNorthgate MarketESISPomona District OfficeJanuary 13 2012 decision
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. ADJ6843753
Regular
Jul 03, 2012

REGLO MOLINA vs. WORKFORCE STAFFING dba GENEVA STAFFING and TOWER GROUP COMPANIES (Formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA) Administered By INTERCARE HOLDINGS INSURANCE SERVICES

In *Molina v. Workforce Staffing*, the Workers' Compensation Appeals Board denied a Petition for Removal. The Board adopted and incorporated the administrative law judge's report as the basis for this denial. The specific reasons for the denial are detailed in that incorporated report. The order was served on July 3, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardWorkforce StaffingGeneva StaffingTower Group CompaniesSpecialty Underwriters AllianceSUAIntercare Holdings Insurance ServicesADJ6843753Marina del Rey
References
Case No. ADJ168046 (AHM 0151884)
Regular
Jun 13, 2012

LUIS RAFAEL CHERO vs. TROPITONE FURNITURE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This Workers' Compensation Appeals Board case, involving Luis Rafael Cherro and Tropitone Furniture Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration, which had challenged a March 27, 2012 decision. The Board issued an order to this effect on June 13, 2012.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardTravelers Property Casualty Company of AmericaTropitone Furniture CompanyLuis Rafael CherDecision March 27 2012Order DismissingSan Francisco California
References
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