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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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10574205
Regular
Sep 09, 2019

AMNER ALVAREZ vs. SCM ENTERPRISES, TIMBERS STRATA 23-LP, FOWLER PROPERTY MANAGEMENT, STRATA EQUITY GROUP, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, EMPLOYERS COMPENSATION INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST, MARKEL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the arbitrator's decision because SCM Enterprises claimed it did not receive timely notice of the hearing and decision. The Board found the petition for reconsideration to be timely filed as the statutory period does not run until actual receipt of the decision when service is defective. The case is returned to the arbitrator for further proceedings and a new decision. This order is not a final decision on the merits.

Petition for ReconsiderationArbitration HearingArbitrator's DecisionDefective ServiceTimelinessJurisdictional Time LimitRescinded DecisionFurther ProceedingsWorkers' Compensation Appeals BoardLab. Code
References
Case No. ADJ10850096 ADJ10851592
Regular
Oct 25, 2018

MARIA FLORINA PADRON DE HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision concerning Maria Padron de Hernandez's workers' compensation claim. The arbitrator had found a specific back injury, awarded temporary disability, denied future medical treatment, and imposed sanctions. The WCAB rescinded the arbitrator's decision, returning the matter for further proceedings. This action was based on the finding that the parties' Alternative Dispute Resolution (ADR) agreement stipulated arbitration under American Arbitration Association rules, which were not provided nor followed. Consequently, it could not be determined if the arbitration proceeded according to the agreed-upon rules, thus potentially violating due process.

Workers Compensation Appeals BoardAlternative Dispute ResolutionLabor Code section 3201.7Arbitrator's Findings and AwardCosts and SanctionsContinuing InjuryTemporary DisabilityOverpaymentFuture Medical TreatmentReconsideration
References
Case No. ADJ4539382 (POM 0268767) ADJ703067 (POM 0273418)
Regular
Nov 09, 2009

MARIA VALDEZ vs. RANGERS DIE CASTING, CIGA for SUPERIOR NATIONAL INSURANCE COMPANY in liquidation, administered by BROADSPIRE, STATE COMPENSATION INSURANCE FUND

The Arbitrator's decision was vacated because it was not issued within 30 days after submission of the case for decision as required by Labor Code section 5277.

Workers' Compensation Appeals BoardReconsiderationArbitrationCIGAReimbursementEvidentiary BurdenReasonableness of ExpensesLabor Code Section 5277Untimely DecisionVoid Order
References
Case No. ADJ3673382 (AHM 0084473) ADJ1361609 (AHM 0085858) ADJ2402991 (AHM 0085857) ADJ4050086 (AHM 0085856) ADJ1533147 (AHM 0085855) ADJ1199908 (AHM 0085828) ADJ700319 (AHM 0085827) ADJ2455910 (AHM 0085829) ADJ1727200 (AHM 0085831)
Regular
Jan 30, 2009

DOUGLAS BOULWARE vs. LOS ANGELES COUNTY FIRE DEPARTMENT, TRISTAR

This case involves multiple workers' compensation claims filed by Douglas Boulware against the Los Angeles County Fire Department and Tristar. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded that decision, finding it necessary to return the matter to the arbitrator for further proceedings. This action is not a final determination on the merits of the claims.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationArbitrator's decisionRescindedFurther proceedingsNot a final decisionDouglas BoulwareLos Angeles County Fire DepartmentTristarPetition for Reconsideration
References
Case No. ADJ2949384 (VNO 0519538)
Regular
Nov 29, 2016

JORGE L. COBIAN vs. WESLAR, INC., STATE COMPENSATION INSURANCE FUND

A lien claimant attorney sought reconsideration of an arbitrator's fee division order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the arbitrator failed to timely submit the arbitration record as required by Rule 10865(f). The WCAB rescinded the original order and remanded the case for a new decision, emphasizing the arbitrator's future compliance with record submission rules or party reconstruction of the record if necessary.

Workers Compensation Appeals BoardPetition for ReconsiderationArbitrator's DecisionCarve-out ArbitrationAttorney Fee DivisionWCAB Rule 10865(f)Inadequate RecordRemandRescind DecisionReconstruct Record
References
Case No. ADJ2789055 (SAL 0090971) ADJ3651266 (SAL 0098921) ADJ3642697 (SAL 0115568)
Regular
Oct 06, 2017

MARIA CAMACHO vs. AGRILINK FOODS, LUMBERMENS MUTUAL CASUALTY COMPANY, NATIONAL CUSTOM PACKING, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by Agrilink Foods regarding a WCJ's order that an arbitrator's decision did not extinguish prior medical awards. The WCJ directed the State Compensation Insurance Fund to administer existing medical awards and noted that the apportionment of current treatment needs to prior injuries was a medical issue requiring further development. The Appeals Board dismissed Agrilink's petition for reconsideration because it was not aggrieved by a final order, as the Opinion on Decision was not the operative decision. Any disputes regarding further medical record development should be addressed by the arbitrator, whose decisions remain subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedAggrieved PartyFinal OrderArbitrator DecisionMedical AwardCumulative InjurySpecific InjuryAdministrative Law Judge
References
Case No. ADJ6940334
Regular
Jan 28, 2011

AURELIO RAMOS LOPEZ vs. JESUS AGUILAR dba C&A FRAMING et al.

The Workers' Compensation Appeals Board granted reconsideration, rescinded a deficient arbitrator's judgment, and returned the matter for further proceedings. The original "Judgment" failed to comply with statutory requirements for a decision, lacking an opinion and a signature. Defendant Granite argued denial of due process due to insufficient time for discovery after being joined as a party. Defendant C&A contended substantial evidence supported coverage by AIG on the date of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationJudgmentArbitrationCoverageDate of InjuryDue ProcessDiscoverySubstantial EvidenceWaiver
References
Case No. ADJ10145832, ADJ6745686
Regular
Jul 12, 2019

SARALEE GILPIN vs. PORTERVILLE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded the April 22, 2019 decision and returned the case to the arbitrator for further proceedings. The arbitrator must now issue a new decision with comprehensive findings of fact on all relevant issues, including the underlying industrial injury, employment, insurance coverage, and apportionment of liability. The arbitrator is also required to provide an opinion explaining the basis for the decision and the Minutes of Hearing and Summary of Evidence.

Workers' Compensation Appeals BoardPorterville Unified School DistrictKeenan & AssociatesState Compensation Insurance FundPetition for ReconsiderationArbitrator's ReportIndustrial InjuryPeriods of EmploymentInsurance CoverageApportionment of Liability
References
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