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

Case No. ADJ3856430 (LAO 0853077)
Regular
Aug 24, 2012

XIAO BIN ZHOU vs. EASTCOM, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Xiao Bin Zhou's petition for reconsideration of a prior decision. The dismissal is based on the petitioner's withdrawal of the reconsideration request. The original decision dates were August 11, 2010, and/or November 1, 2010.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCase No. ADJ3856430LAO 0853077Xiao Bin ZhouEastcom Inc.Employers Compensation Insurance CompanyAugust 11 2010
References
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. ADJ7516430
Regular
Jul 13, 2012

RICK WHITCOMB vs. PORTRAIT HOMES, INC., STATE COMPENSATION INSURANCE FUND

This case involves an applicant who claims a left knee injury sustained on August 4, 2010, while working. The applicant did not report the injury to his employer until over two months later, after his termination. Medical reports were found to lack the necessary "reasonable medical probability" to link the injury to employment. Consequently, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board found insufficient evidence that the claimed injury arose out of and in the course of employment.

Workers' Compensation Appeals BoardPortrait HomesInc.State Compensation Insurance FundRick WhitcombADJ7516430Opinion and Order Denying ReconsiderationsuperintendentAugust 42010
References
Case No. ADJ7331781
Regular
Dec 10, 2012

GARY TERRELL vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Gary Terrell's workers' compensation claim against the County of San Diego. The Board affirmed the original decision but amended Finding of Fact No. 3. This amendment clarifies that the date of injury, for the purposes of Labor Code section 5412, spans from August 21, 1971, to May 1, 2010. The Board adopted and incorporated the administrative law judge's report into its opinion.

Workers' Compensation Appeals BoardGary TerrellCounty of San DiegoPermissibly Self-InsuredADJ7331781Opinion and Order Granting ReconsiderationDecision After ReconsiderationReport of Workers' Compensation Administrative Law JudgeLabor Code section 5412Date of Injury
References
Case No. ADJ3434673 (SRO 0141791)
Regular
Feb 11, 2010

DAVID KALLABY vs. NAPA VALLEY COMMUNITY COLLEGE DISTRICT, PSI, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDDAVID KALLABYNAPA VALLEY COMMUNITY COLLEGE DISTRICTPSIKEENAN & ASSOCIATESADJ3434673SRO 0141791OPINION AND ORDER DISMISSING RECONSIDERATIONLabor Code section 5903petition for reconsideration
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ6641822
Regular
Aug 30, 2018

ROBERT PELAYO vs. QUALITY CARRIER, INC., STATE COMPENSATION INSURANCE FUND CMS MONTEREY PARK

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in the case of Robert Pelayo v. Quality Carrier, Inc. Subsequently, the parties reached a settlement. The Board rescinded its original decision and returned the matter to the trial level for the Workers' Compensation Administrative Law Judge to review the settlement. If the settlement is not approved, the original decision can be reinstated.

ADJ6641822Pelayo v. Quality CarrierInc.Workers' Compensation Appeals BoardReconsideration grantedSettlement reviewTrial level returnRescinded decisionAdministrative Law JudgeFindings of Fact
References
Case No. ADJ9478055
Regular
Mar 18, 2020

CHARLES HART vs. TOWN OF LOS GATOS

This case involves a petition for reconsideration granted by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the workers' compensation administrative law judge's (WCJ) report and amended the original decision. The amended decision clarifies that the applicant, Charles Hart, sustained temporary disability from August 11, 2011, to November 16, 2016, payable at a specific weekly rate, subject to credits and attorney fees. The amended decision otherwise affirmed the original ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reporttemporary disabilityAugust 112011November 162016$847.01attorney fees
References
Case No. ADJ9271600
Regular
Oct 02, 2017

JESUS BARRERA vs. UMAMI RESTAURANT, LLC, BERKSHIRE HATHAWAY, HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed Jesus Barrera's petition for reconsideration because it was filed untimely. The WCJ's decision was personally served, triggering a strict 20-day filing deadline for reconsideration, not subject to mail service extensions. Barrera's representative had until August 8, 2017, to file, but the petition was received on August 9, 2017. As the deadline is jurisdictional, the WCAB lacked authority to consider the untimely petition.

Petition for ReconsiderationUntimely FilingPersonal Service20-Day LimitJurisdictionalWCABWCJLabor Code SectionsCalifornia Code of RegulationsOrder Dismissing Lien
References
Case No. ADJ4134943 (LAO 0800933), ADJ2639030 (LAO 0847979)
Regular
Jan 14, 2016

ARTURO GUILLEN vs. PRO AMERICA PREMIUM TOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, PACIFIC NATIONAL INSURANCE COMPANY, HIGHLANDS INSURANCE COMPANY

This case involves a petition for reconsideration by Highlands Insurance Company regarding a prior decision that found the applicant sustained two cumulative trauma injuries. The Workers' Compensation Appeals Board affirmed its prior decision, finding one injury occurred when Pacific National Insurance Company was the insurer and the second injury occurred when Highlands was the insurer. Highlands argued the applicant sustained only one cumulative trauma injury or a single specific injury. The Board denied Highlands' petition, upholding the determination of two distinct cumulative trauma injuries.

Cumulative trauma injuryCalifornia Insurance Guarantee AssociationCIGAPacific National Insurance CompanyHighlands Insurance CompanyPro America Premium ToolsPetition for ReconsiderationDecision After Reconsiderationinsurer in liquidationservicing facility
References
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