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

Case No. ADJ2023756 (SAC 0323234)
Regular
Aug 30, 2013

VICTORIA BRESHEARS vs. THE KROGER COMPANY DBA RALPH'S GROCERY COMPANY

The Workers' Compensation Appeals Board granted the employer's Petition for Reconsideration due to discrepancies regarding the timeliness of its filing. The Board issued a Notice of Intention to Dismiss, requiring the employer to provide proof of timely electronic filing via EAMS, specifically the Batch ID and submission date/time. If the employer fails to demonstrate the petition was filed before 5:00 PM on July 8, 2013, it will be dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFindings and OrderWCJEAMSElectronic Adjudication Management SystemBatch IDTimely FiledProof of Service
References
Case No. ADJ10227826
Regular
Mar 02, 2020

CARMEN PINEDA vs. MISSION FOODS (GRUMA CORPORATION), ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration of the applicant's petition because of discrepancies regarding its timely filing. While the applicant's attorney signed the petition on December 30, 2019, and the EAMS filing date shows December 31, 2019, the applicant must provide definitive proof of filing on December 30, 2019. Failure to provide this proof, including an EAMS Batch ID, will result in the petition being dismissed as untimely. The Board is issuing an Order to Show Cause why the petition should not be dismissed.

WCABPetition for ReconsiderationEAMSFiling DateTimelinessElectronic FilingBatch IDProof of ServiceReconsideration GrantedNotice of Intention to Dismiss
References
Case No. ADJ3745700 (OXN 0128625) ADJ6812951
Regular
Jan 09, 2012

PAUL HARBER vs. PGP INC, CNA INSURANCE COMPANY, VARGAS EXCAVATING INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted Paul Harber's petition for reconsideration to address a potential issue with its timeliness. While the petition was signed on November 7, 2011, there's a discrepancy between EAMS filing dates (November 7 and November 8). The Board is issuing a notice of intention to dismiss unless Harber provides proof of timely filing on or before November 7, 2011. Failure to provide this proof will result in dismissal of the petition as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award and OrderWCJEAMSFiling DateTimelinessNotice of Intention to DismissBatch IDOliver v. Structural Services
References
Case No. ADJ8227298
Regular
Dec 18, 2014

DIANA MARKS vs. A.C. TRANSIT DISTRICT

The Workers' Compensation Appeals Board vacated its prior Order Granting Reconsideration. The Board determined that the defendant's Petition for Reconsideration was not timely filed due to an electronic filing after 5:00 p.m. on the last day to file, making it legally deemed filed the following business day. As the petition was untimely, the Board dismissed it for lack of jurisdiction.

Petition for ReconsiderationUntimely FilingEAMSBatch IDWCABLabor CodeCal. Code Regs.Jurisdictional Time LimitsWCJOrder Granting Reconsideration
References
Case No. ADJ8914455
Regular
Dec 28, 2015

JEFFREY SMITH vs. CITY OF CHULA VISTA

This case concerns applicant Jeffrey Smith's Petition for Reconsideration of a finding that he did not sustain hypertensive cardiovascular disease arising out of and in the course of his employment. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration, not on the merits, but due to a question of timely filing. The WCAB intends to dismiss the petition unless the applicant provides proof that it was filed within the statutory 20-day deadline. The applicant's electronic submission was received by the Appeals Board one day after the deadline, and no physical receipt stamp exists.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardHypertensive Cardiovascular DiseaseAgreed Medical ExaminerCumulative TraumaPermanent DisabilityStipulated AwardTimelinessJurisdictional
References
Case No. ADJ9312459
Regular
Nov 05, 2018

THANH CHUNG vs. SENTRY; SENTRY SELECT STEVENS POINT

The Workers' Compensation Appeals Board granted reconsideration of a lien claimant's petition, which had been recommended for dismissal as untimely. The Board noted discrepancies in electronic filing records and the lack of proof of timely physical filing. Therefore, the Board is giving the lien claimant an opportunity to provide evidence of timely filing within 10 days plus mailing time, otherwise the petition will be dismissed. No decision has been made on the merits of the petition at this stage.

Petition for ReconsiderationLabor Code section 4615lien claimanttimely filingEAMSBatch IDadministrative law judgeWorkers' Compensation Appeals Boardjurisdictionuntimely petition
References
Case No. ADJ7184539, ADJ7671268
Regular
Mar 14, 2014

KUANE WASHINGTON vs. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Removal because it was filed untimely. The defendant electronically submitted their petition three minutes after the 5:00 PM deadline on the final day for filing. The WCAB also noted that even if timely, the petition lacked merit and indicated potential gamesmanship by the defendant, warning of future sanctions.

Petition for RemovalUntimely FilingEAMSBatch IDChange of VenueGood CauseLabor Code section 5501.6FrivolousnessGamesmanshipSanctions
References
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
Case No. ADJ2023756 (SAC 0323234) ADJ2900558 (SAC 0358707)
Regular
Aug 30, 2013

VICTORIA BRESHEARS vs. THE KROGER COMPANY DBA RALPH'S GROCERY COMPANY

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the employer's petition for reconsideration. The petition was untimely because it was filed electronically after 5:00 p.m. on the deadline. The Board held that electronic filings received after 5:00 p.m. are deemed filed on the next business day, rendering the petition outside the jurisdictional timeframe. Therefore, the Board lacked jurisdiction to consider the petition on its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFindings and OrderElectronic Adjudication Management SystemEAMS Batch IDTimely FilingJurisdictionalLabor CodeCode of Civil Procedure
References
Case No. ADJ7160971
Regular
Jan 12, 2015

JACINTO CATILLO vs. SANTA CLARITA INTERIORS, ZURICH AMERICAN INSURANCE CO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the defendant's petition to review an arbitrator's award finding the applicant sustained a lumbar spine injury. The defendant's petition for reconsideration was potentially untimely and filed with the incorrect district office for this ADR carve-out case. The WCAB will issue a notice of intention to dismiss unless the defendant provides proof of timely filing with the correct office. The defendant has 15 days to submit documentation demonstrating the petition was timely filed.

Petition for ReconsiderationArbitrator's Findings and AwardJourneyman CarpenterLumbar SpinePermanent DisabilityApportionmentTemporary Total Disability IndemnityArbitrator's Report and RecommendationElectronic Adjudication Management SystemADR carve-out case
References
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