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

Case No. ADJ8291290
Regular
Sep 01, 2012

NELSON FUNES vs. BOA SUNSET, LLC, MITSUI SUMITOMO MARINE MANAGEMENT (USA), INC.

This case concerns a Petition for Removal filed by Nelson Funes against BOA Sunset, LLC. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report from the workers' compensation administrative law judge. The WCAB determined the petition was moot and therefore dismissed it, declining to award sanctions.

Petition for RemovalDismissedMootSanctionsWorkers' Compensation Appeals BoardWCJ ReportApplicantDefendantAdministrationMitsui Sumitomo Marine Management
References
Case No. ADJ8093801
Regular
Jun 21, 2013

GERARDO GUZMAN vs. BOA SUNSET, LLC, HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSET SERVICES, INC.

This case involves a petition for reconsideration filed by the applicant, Gerardo Guzman, which has been denied by the Workers' Compensation Appeals Board. The Board adopted and incorporated the report of the workers' compensation administrative law judge in their decision. The applicant's answer to the WCJ's report was also rejected. Therefore, the petition for reconsideration is formally denied.

WORKERS' COMPENSATION APPEALS BOARDReconsideration DENIEDWCJ Report adoptedPetition for Reconsideration rejectedCal. Code Regs. tit. 8 § 10848WCAB Rules of Practice and ProcedureBOA SUNSET LLCHARTFORD INSURANCE COMPANY OF THE MIDWESTGALLAGHER BASSET SERVICESINC.
References
Case No. ADJ10943577
Regular
Feb 15, 2019

GILDARDO TORRES HURTADO vs. SUNSET LANDSCAPE MAINTENANCE, INC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of applicant Gildardo Torres Hurtado's petition on March 30, 2018. Subsequently, on February 5, 2019, the applicant withdrew their original petition for reconsideration. Consequently, the Board vacated its grant of reconsideration and dismissed the applicant's petition. This action formally concludes the reconsideration process initiated by the applicant.

Petition for ReconsiderationWithdrawal of ApplicantVacating Grant of ReconsiderationDismissalWorkers' Compensation Appeals BoardSunset Landscape MaintenanceState Compensation Insurance FundGildardo Torres HurtadoADJ10943577Opinion and Orders
References
Case No. ADJ6760459
Regular
Feb 10, 2010

RAFAEL SERRANO vs. SUNSET SCAVENGER COMPANY, NORCAL WASTE SYSTEMS, INC., (dba RECOLOGY), permissibly self-insured, adjusted by JT2 INTEGRATED RESOURCES

This case involves a Petition for Removal filed by the defendant, Sunset Scavenger Company, which was denied by the Workers' Compensation Appeals Board. The Board adopted the WCJ's report, finding that the defendant failed to demonstrate significant prejudice or irreparable harm if removal was not granted. The Board also determined that reconsideration would be an adequate remedy if an adverse final decision were issued. Therefore, the Petition for Removal was denied.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportirreparable harmreconsiderationfinal decisionHANNA BROPHY
References
Case No. ADJ2976308 (AHM 0075910) ADJ1926826 (AHM 0077308)
Regular
Jan 10, 2011

CLIFFORD GAMBLE vs. UNITED AIRLINES

This case concerns an applicant's claim for vocational rehabilitation benefits from United Airlines. The applicant interrupted services and did not seek reinstatement until over five years after the date of injury, which is beyond the statute of limitations. The Board denied reconsideration, finding that the applicant's vested right to benefits did not overcome the expired statute of limitations due to the delay. Applicant's arguments regarding improper notice, equitable tolling, and prior litigation were also rejected.

Vocational rehabilitationReconsiderationSubject matter jurisdictionVested rightSunset dateInterruptionStatute of limitationsReopenEquitable tollingLaches
References
Case No. ADJ12601654; ADJ12598756
Regular
Jun 17, 2025

MARCY RODRIGUEZ vs. VICTOR VALLEY MEMORIAL PARKS, SUNSET HILLS, ICW GROUP

While this matter was pending on reconsideration, the parties reached a proposed settlement. Due to this, the Appeals Board will rescind the decision from which reconsideration was sought and return the matter to the trial level. This allows the workers' compensation administrative law judge (WCJ) to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision. This is not a final decision on the merits of any pending issues.

Workers' Compensation Appeals BoardReconsiderationProposed SettlementRescinded DecisionTrial LevelWCJReinstating DecisionFinal DecisionCommissionersDeputy Commissioner
References
Case No. ADJ9054913
Regular
Jun 02, 2015

OSCAR MIRANDA GARCIA vs. SUNSET QUALITY CLEANING SERVICES, HARTFORD CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendants' Petition for Reconsideration and denied their Petition for Removal. The petition was untimely filed and sought reconsideration of a non-final interlocutory order. Furthermore, the defendants failed to demonstrate the substantial prejudice or irreparable harm required for removal. The Board admonished the defendants' attorney and law firm for filing an untimely petition and improperly attaching an existing document.

Petition for ReconsiderationPetition for RemovalQME panelspsychiatryorthopedic surgerysubstantial prejudiceirreparable harmuntimely petitionfinal orderinterlocutory order
References
Case No. ADJ7464285
Regular
Feb 01, 2017

VICTOR MOLINA vs. WILLIE LOPEZ d/b/a WILFRED MANAGEMENT and SUNSET PACIFIC, TRANSGUARD INSURANCE COMPANY

In *Molina v. Lopez*, the defendant requested reconsideration of a Workers' Compensation Appeals Board decision. The Board granted reconsideration, finding it necessary to thoroughly review the factual and legal issues presented. This allows for a more complete understanding of the record and a just decision. All future filings related to the petition must be directed to the Board's San Francisco office, not district offices or e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemEAMS
References
Case No. ADJ9070475
Regular
Dec 15, 2017

CARTO GROZCO vs. SUNSET MASONRY & CONCRETE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for TOWER CASTLEPOINT INSURANCE

Radiology Disc of Encino's petition for reconsideration is dismissed because it was not filed from a final order. The Appeals Board grants removal, rescinds the previous order, and returns the case to the trial level. This allows Radiology Disc an opportunity to argue its jurisdiction and present evidence regarding its medical-legal services. The WCJ should have adjudicated jurisdiction rather than taking the case off calendar.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOff-Calendar OrderFinal OrderSubstantive RightInterlocutory OrderMedical-Legal Expense DisputeWCJRemoval Granted
References
Case No. ADJ10183604
Regular
Feb 13, 2019

TRACY HOVLAND vs. DISPENSING DYNAMICS INTERNATIONAL, STAFFING NETWORK LLC, AEROTEK, ALLEGIS GROUP, INC., EMPLOYCO USA, THE HARTFORD SYRACUSE, ESIS CHATSWORTH, LUMBERMEN'S UNDERWRITING BOA RATON, SEDGWICK CIGA GLENDALE, REPUBLIC INDEMNITY ENCINO, AMTRUST CONCORD, California Insurance Guarantee Association (CIGA)

The Workers' Compensation Appeals Board rescinded prior orders denying reimbursement for CIGA and dismissal for Hartford. The WCAB clarified that CIGA, unlike other insurers, is entitled to reimbursement rather than just contribution from solvent insurers when handling claims due to insurer insolvency. The Board also found Hartford's dismissal petition premature, as the underlying workers' compensation claim still requires adjudication. The case is returned to the trial level for further proceedings to resolve the underlying claim and related indemnity issues.

Workers' Compensation Appeals BoardReconsiderationPetition for ReimbursementPetition for ContributionCumulative Trauma PeriodJoint and Several LiabilityCalifornia Insurance Guarantee Association (CIGA)Third-Party AdministratorInsurer JoinderPetition for Dismissal
References
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