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

Case No. ADJ2033145 (LAO 0877321) ADJ1126357 (LAO 0877370)
Regular
Jun 06, 2012

PABLO RAMIREZ vs. BAU FURNITURE MANUFACTURING, BERKSHIRE HATHAWAY

This Workers' Compensation Appeals Board case involved applicant Pablo Ramirez and defendants Bau Furniture Manufacturing and Berkshire Hathaway. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but dismissed a remaining lien balance for Paramount Physicians Medical Group with prejudice. This modification specifically addressed a lien claim previously asserted.

WORKERS' COMPENSATION APPEALS BOARDPABLO RAMIREZBAU FURNITURE MANUFACTURINGBERKSHIRE HATHAWAYADJ2033145ADJ1126357OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONworkers' compensation administrative law judgeWCJ
References
Case No. ADJ11149950
Regular
May 14, 2019

FRANCISCA VARELA vs. SMM FACILITIES, INC., BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Varela v. SMM Facilities, Inc. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would result from denial, and reconsideration is not an adequate remedy. The Board found that the defendant failed to demonstrate either of these conditions, as their due process rights were satisfied by the WCJ's consideration of their arguments against a change of venue. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeChange of VenueDue ProcessNoticeOpportunity to be Heard
References
Case No. ADJ6978496
Regular
Dec 23, 2013

HECTOR HERNANDEZ vs. ROY MILLER PAINTING, INC., BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration. The WCAB rescinded the prior order that dismissed the lien for failure to pay a required activation fee. This decision was based on a federal court injunction that temporarily halted enforcement of that specific fee provision. The case is now returned to the administrative law judge for further proceedings.

Workers' Compensation Appeals BoardLien activation feeLabor Code section 4903.06Preliminary injunctionAngelotti Chiropractic v. BakerWCJPetition for reconsiderationRescinded orderLien conferenceSanctions
References
Case No. ADJ4209445 (GRO 0034182)
Regular
Jul 01, 2013

MARICRUZ GARCIA vs. PUEBLO PACKING, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This order dismisses Maricruz Garcia's Petition for Reconsideration in Case No. ADJ4209445. The Workers' Compensation Appeals Board (WCAB) adopted the administrative law judge's report, finding the petition was untimely filed. Therefore, the WCAB dismissed the reconsideration request.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardWCJ ReportAdministrative Law JudgePueblo PackingBerkshire HathawayADJ4209445GRO 0034182
References
Case No. ADJ7684442
Regular
Mar 08, 2019

JAIME VARGAS vs. SELIGMAN ENTERPRISES, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY

This case concerns a lien claimant's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding payment for Kaiser record copying services. The WCAB granted reconsideration, amended the original findings to include a 10% penalty and 7% interest per annum on the Kaiser record invoices. The WCAB also vacated the prior order for Independent Bill Review (IBR) and returned the matter for further proceedings. Defendant claims to have paid the billed amount and penalties/interest, potentially rendering those issues moot.

Med-Legal PhotocopyIndependent Bill ReviewPetition for ReconsiderationWCJKaiser RecordsPenaltiesInterestLien ClaimantSeligman EnterprisesOak River Insurance
References
Case No. ADJ7631357
Regular
May 07, 2014

GUILLERMO MADRIGAL OCHOA vs. EXECUTIVE OFFICE CONCEPTS, INSURANCE COMPANY OF THE WEST, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board dismissed applicant Guillermo Madrigal Ochoa's Petition for Reconsideration as untimely. Even if timely, the Board would have denied the petition on the merits. The dismissal is based on the administrative law judge's report, which the Board adopted and incorporated by reference. The order was filed and served on May 7, 2014.

Petition for ReconsiderationDismissalUntimelyWCJ ReportAdopt and IncorporateDenied on MeritsWorkers' Compensation Appeals BoardAdministrative Law JudgeExecutive Office ConceptsInsurance Company of the West
References
Case No. ADJ933687 OXN 0145745
Regular
Jun 12, 2012

ANTHONY RODRIGUEZ vs. SESSA MANUFACTURING, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY

In this workers' compensation case, the Appeals Board granted reconsideration of a prior award to lien claimant Dr. Gross for medical services. The Board found that the initial decision incorrectly placed the burden of proof on the defendant regarding the reasonableness of the charges. Dr. Gross must now prove their charges are reasonable according to the Official Medical Fee Schedule. The Board also deferred the issue of penalties pending further proceedings.

Workers' Compensation Appeals BoardSessa ManufacturingRedwood Fire and CasualtyBerkshire HathawayDr. GrossreimbursementOfficial Medical Fee ScheduleOMFSbill reviewlien claimant
References
Case No. ADJ7624234
Regular
Jun 13, 2013

EMMA DEL ROSARIO vs. EAST VALLEY MEDICAL CENTER, CYPRESS INSURANCE, BERKSHIRE HATHAWAY

The defendant filed a Petition for Removal on May 3, 2013, requesting an amendment to a prior order continuing the case to trial. However, the defendant subsequently filed a notice withdrawing this petition on May 28, 2013. In accordance with WCAB Rule 10843(d), the Appeals Board dismissed the withdrawn Petition for Removal.

Petition for RemovalWithdrawal of PetitionAppeals BoardWCJDismissalContinued to TrialWorkers' CompensationAdministrative Law JudgeADJ7624234East Valley Medical Center
References
Case No. ADJ9577721
Regular

RENE ESQUIVEL vs. MID STATE STEEL ERECTORS, INC., administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration in case ADJ9577721. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The WCAB gave significant weight to the WCJ's credibility determination, as the judge observed witness demeanor. No substantial evidence warranted rejecting the WCJ's credibility findings.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.administrative law judge reportdenial of reconsiderationsubstantiality of evidencewitness demeanorlegal precedentcase ADJ9577721
References
Case No. ADJ9257767
Regular
Aug 28, 2014

JILL ALES vs. DRUG ABUSE ALTERNATIVE CENTER, CYPRESS INSURANCE, BERKSHIRE HATHAWAY HOMES STATE COMPANIES

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Jill Ales versus Drug Abuse Alternative Center. The Board adopted the WCJ's report as the basis for this denial. However, the Board noted that a change of venue might be considered if trial is required and specific listed witnesses must testify.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportChange of VenueDenial of RemovalDrug Abuse Alternative CenterCypress InsuranceBerkshire HathawayADJ9257767Anaheim District Office
References
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