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

Case No. ADJ8212306
Regular
Oct 22, 2013

BELEN DOMINGUEZ vs. DEPARTMENT OF IN-HOME SUPPORTIVE SERVICES, Legally Uninsured, YORK INSURANCE SERVICES

This case involves a Petition for Removal filed by Belen Dominguez against the Department of In-Home Supportive Services. The Workers' Compensation Appeals Board has denied this petition. The Board adopted the reasoning of the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDeny removalLegally UninsuredYORK INSURANCE SERVICESIn-Home Supportive ServicesADJ8212306San Jose District OfficeAdministrative Law Judge
References
Case No. SJO 0264281
Regular
Apr 07, 2008

JOSE LUIS VENEGAS vs. WALNUT INVESTMENT (AMS), TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded its prior award of temporary disability benefits to applicant Jose Luis Venegas. This action was taken because the parties submitted a proposed $30,000 compromise and release agreement while the case was pending reconsideration. The matter is now returned to the trial level for a workers' compensation judge to review and potentially approve the settlement.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityCompromise and ReleaseRescinded AwardTrial LevelWCJIndustrial InjuryDriver/LoaderTravelors Property Casualty
References
Case No. ADJ8231324
Regular
Jan 12, 2016

MARIA GUEVARA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Guevara's petition for reconsideration because it was unverified. Labor Code section 5902 mandates verification for such petitions. Guevara was notified of this defect, and despite a reasonable time passing, failed to cure it by filing a verification or providing a compelling explanation for its absence. Therefore, the WCAB dismissed the petition, noting it would have also been denied on the merits.

Petition for ReconsiderationVerifiedLabor Code section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyWCJ reportADJ8231324Unverified petitionNotice of defectCure defect
References
Case No. ADJ3701295 (AHM 0146448)
Regular
Oct 07, 2013

PAULA GUEVARA vs. NORTHGATE GONZALEZ MARKET, ZENITH ESIS

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Max MRI. While affirming the denial of Max MRI's lien claim for lack of evidence, the Board vacated the sanctions imposed. The Board found that Max MRI was denied due process regarding the sanctions, as the issue was not properly noticed or heard. The case is returned to the trial level for further proceedings and a decision on costs and sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantMax MRIFrivolous lienSanctionsDue processMedical Provider NetworkCompromise and ReleaseFindings and Order
References
Case No. ADJ9054675; ADJ9568007
Regular
Aug 18, 2015

HERIBERTA GUEVARA vs. RAMIREZ LABOR MANAGEMENT, AMERICAN CLAIMS MANAGEMENT

The Appeals Board denied the applicant's Petition for Removal, upholding the WCJ's decision. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The applicant failed to demonstrate this, as the WCJ's report indicated that any need for further discovery could be addressed at trial. Reconsideration remains an adequate remedy if an adverse decision is ultimately issued.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedydue processdeclaration of readinessmaximum medical improvement
References
Case No. SFO 0480061, SFO 0480062
Regular
Apr 08, 2008

ZENAIDA GUEVARA vs. COUNTY OF SAN MATEO, NORTHERN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board dismissed Blue Cross and Blue Shield of Illinois' (BCBSIL) petition for reconsideration because it was filed untimely, several months after the statutory 20-day deadline. BCBSIL's failure to appear at a mandatory settlement conference and their subsequent delay in seeking reconsideration after learning of the dismissal order were cited as reasons for the dismissal. The Board also noted the petition was unverified, which would have been an additional grounds for dismissal had it been timely filed.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationOrder of DismissalStipulated awardExcusable neglectMandatory settlement conferenceNotice of Intention to DismissVerification requirementLabor Code section 5903
References
Case No. ADJ8087609
Regular
Mar 14, 2014

JORGE GUEVARA vs. USA WASTE OF CALIFORNIA, ACE AMERICAN INSURANCE

The Appeals Board dismissed the applicant's Petition for Reconsideration because it was improperly taken from an interlocutory order, not a final decision. However, removal was granted and the WCJ's January 15, 2014 Findings and Orders were affirmed. Specifically, the findings regarding the applicant's date of birth and the specific body parts injured were amended for clarity and to reflect only the issues at trial. The amendment also mandates a new panel in internal medicine.

WCABPetition for ReconsiderationFinal OrderInterlocutory OrderRemovalDecision After RemovalFindings and OrdersMedical UnitInternal MedicineFuel Man
References
Case No. ADJ2322025 (AHM 0147938)
Regular
Sep 05, 2013

RUBEN GUEVARA GARCIA vs. MILLER ENVIRONMENTAL, INC., ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's Petition for Reconsideration because it was untimely filed, failed to state grounds for injustice or unlawfulness, was unverified, and lacked proof of service on all parties. The original lien was dismissed with prejudice for failing to pay the lien activation fee prior to the lien conference, a requirement under Labor Code section 4903.06. The WCAB noted that untimely petitions are jurisdictional and cannot be entertained.

Lien Activation FeePetition for ReconsiderationDismissal with PrejudiceLabor Code Section 4903.06Untimely PetitionUnverified PetitionProof of ServiceLien ConferenceWCJ OrderWorkers' Compensation Appeals Board
References
Case No. ADJ7242426
Regular
Jul 21, 2011

OSCAR GUEVARA vs. G&C MECHANICAL, BARRETT BUSINESS SERVICES, CORVEL

This Workers' Compensation Appeals Board case, ADJ7242426, concerns a petition for reconsideration filed by the defendant. The Board granted the petition because further study of the factual and legal issues is necessary to ensure a just and reasoned decision. Consequently, all future filings in this matter must be directed to the Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardG&C MechanicalBarrett Business ServicesCorvelStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersAlfonso J. Moresi
References
Case No. ADJ1479332 (LBO 0371232) ADJ2273080 (LBO 0371234)
Regular
Jul 30, 2009

DINORA GUEVARA vs. BRENTWOOD COUNTRY CLUB, EMPLOYERS COMPENSATION INSURANCE COMPANY

In this workers' compensation case, the applicant sought reconsideration of a decision regarding her left wrist injury. While the applicant did not dispute a finding of no industrial injury to her left upper extremity and shoulder, she contested the $5\%$ permanent disability awarded for her wrist injury. The administrative law judge initially agreed there was an error, suggesting a $4\%$ rating was appropriate, but the Appeals Board found that correcting the permanent disability rating involved a judicial function. Therefore, the Board rescinded the original decision and returned the case to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Upper ExtremityLeft ShoulderLeft WristPermanent DisabilityReconsiderationFindings and AwardAdministrative Law JudgeReport and Recommendation
References
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