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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. 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
Case No. ADJ4408007 (STK 0205209)
Regular
Sep 20, 2013

CLIAS MONTES vs. TRUEGREEN LANDCARE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed the petition for reconsideration in case ADJ4408007. This dismissal was based on the fact that the Workers' Compensation Judge had already vacated the original Findings and Award on August 1, 2013. Therefore, the petition for reconsideration of the July 26, 2013 decision was rendered moot.

Petition for ReconsiderationMootVacatedFindings and AwardWorkers' Compensation Appeals BoardDismissedJuly 262013August 12013
References
Case No. AHM 0089837 AHM 0093898
Regular
Aug 06, 2008

LETICIA M. VASQUEZ vs. TRANSWESTERN COMMERCIAL SERVICES, ROYAL & SUN ALLIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision and rescinded it, returning the case to the administrative law judge (WCALJ) for further proceedings. This action indicates the WCAB found the original decision flawed or incomplete and requires further development of the record. The parties retain the right to seek reconsideration of any subsequent decision made by the WCALJ.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsWorkers' Compensation Appeals BoardWCJDecision After ReconsiderationAdministrative Law JudgeRoyal Sun Alliance
References
Case No. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
References
Case No. ADJ352088 (MON 0360366)
Regular
Apr 12, 2011

NANCY MONTOYA vs. AUGUST CONSTRUCTION, INC., SEABRIGHT INSURANCE

This case concerns a clerical error in a workers' compensation award where the weekly temporary disability indemnity rate was inconsistently stated. The applicant, Nancy Montoya, incurred an industrial injury while employed by August Construction, Inc. The defendant petitioned for reconsideration to correct the typographical error in the Findings and Award, specifically regarding the stipulated temporary disability indemnity rate. The Workers' Compensation Appeals Board granted reconsideration, amended the award to reflect the agreed-upon rate of $833.33 per week, and returned the case for further proceedings.

Workers' Compensation Appeals BoardAugust ConstructionSeabright InsuranceFindings and AwardPetition for ReconsiderationTypographical ErrorTemporary Disability Indemnity RatePermanent Disability Indemnity RateStipulationReport and Recommendation
References
Case No. ADJ9022023
Regular
Jul 14, 2014

Katherine Ann Burton vs. MOTEL 6, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to amend an award. The original award found temporary total disability from July 22, 2013, to November 6, 2013, but only awarded indemnity benefits through October 4, 2013. The Board, adopting the WCJ's recommendation, amended the award to reflect temporary total disability specifically from July 22, 2013, to October 4, 2013. The issue of benefits after October 4, 2013, was deferred.

Petition for ReconsiderationFindings Award and Ordertemporary total disabilitytemporary disability indemnityworkers' compensation appeals boardWCJLiberty Mutual InsuranceMotel 6Report and Recommendationamended
References
Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
Case No. ADJ6440381
Regular
Jan 20, 2015

DAVID SOWLES vs. MERIDIAN MANAGEMENT GROUP, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant sought reconsideration of an award finding the applicant sustained a right hand and wrist injury on August 14, 2003, with a temporary total disability rate of $501.59 based on earnings of $752.38 weekly. The defendant argued the rate should be lower due to a provided apartment and that the injury was cumulative, not specific. The Board granted reconsideration solely to correct a clerical error, amending the finding to reflect a cumulative injury through August 14, 2003. Otherwise, the original award, including the earnings and disability rate, was affirmed.

Workers' Compensation Appeals BoardMeridian Management GroupZenith Insurance CompanyDavid SowlesProperty ManagerAugust 142003Right Hand InjuryRight Wrist InjuryCumulative Industrial Injury
References
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