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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. ADJ1932557 (SJO 0267873)
Regular
Mar 20, 2009

JOHN VLCEK vs. THE HOME DEPOT, permissibly self-insured

This case involves an admitted industrial knee injury where the applicant disputed the awarded 4% permanent disability. The Appeals Board granted reconsideration to address how diminished future earning capacity (DFEC) and AMA Guides impairments are rebutted under the 2005 Schedule. The Board is returning the case to the trial level to allow the judge and parties to apply recent en banc decisions in *Ogilvie* and *Almaraz*. These decisions clarify the methods for rebutting the DFEC and AMA Guides portions of the permanent disability rating schedule.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFECAMA Guides2005 ScheduleOgilvieAlmarazPanel Qualified Medical Evaluator
References
Case No. ADJ9460638
Regular

DAVID HAMALIAN vs. HANSEL FORD, SECURITY NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration regarding a WCJ's order that rescinded a prior finding of no material defect in the defendant's Utilization Review (UR). This decision was based on a subsequent en banc ruling, *Dubon II*, which held that UR decisions are invalid only if untimely. Consequently, the Board rescinded the WCJ's Amended Findings & Order and remanded the case for further proceedings and a new decision consistent with *Dubon II*. The prior finding that the UR was not materially defective was rescinded, and the matter will be reheard to determine the UR's timeliness and applicant's need for surgery.

Utilization ReviewMaterial DefectDubon IDubon IIPetition for ReconsiderationFindings & OrderRescindedAdministrative Law JudgeAppeals BoardEn Banc Decision
References
Case No. GRO 0034176
Regular
Feb 04, 2008

RICK McALARY vs. NUNNO CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision due to an impending en banc ruling addressing contested issues regarding the proper application of the new permanent disability rating schedule. The case involves an applicant injured as an ironworker/construction laborer, whose permanent disability calculation and vocational expert's report were disputed. The Board deferred final determination pending the en banc decision and ordered continued payment of undisputed benefits.

Workers Compensation Appeals BoardRick McAlaryNunno CorporationState Compensation Insurance FundFindings and AwardPermanent DisabilityVocational Rehabilitation ExpertDiminished Earning CapacityPermanent Disability Rating ScheduleEn Banc Decision
References
Case No. ADJ7494202
Regular
May 08, 2018

Antonio Alvarez vs. Exodus Power Sweeping/Exodus Property Maintenance, State Compensation Insurance Fund

This case involves a lien claimant seeking reconsideration of an order denying their petition for sanctions and costs. The denial was based on a previous en banc decision regarding medical-legal expenses, which the lien claimant argues is inapplicable. The Appeals Board granted reconsideration, finding the lien claimant's petition was for sanctions and costs incurred in preparing the petition, not for the underlying interpreting services as medical-legal costs. Therefore, the matter is returned to the WCJ for a decision on the merits of the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for SanctionsPetition for CostsLien ClaimantWCJLabor Code Section 5813Labor Code Section 5811Appeals Board Rule 10451.3Medical-Legal Expenses
References
Case No. ADJ6779197 ADJ7472140 ADJ7964720
Regular
Apr 07, 2014

ISMAEL NAVARRO vs. CITY OF MONTEBELLO, CORVEL CORPORATION

This Workers' Compensation Appeals Board en banc decision clarifies that California Labor Code does not mandate an employee return to the original Qualified Medical Evaluator (QME) for a subsequent injury claim. The Board held that Rule 35.5(e) requiring such return for claims involving the same body parts and parties is invalid as it conflicts with the Labor Code. Therefore, employees are entitled to a new QME for new injury claims, irrespective of prior evaluations. The Board affirmed the trial judge's finding that the applicant was entitled to a new QME for his subsequent injury claims.

RemovalEn Banc DecisionQualified Medical Evaluator (QME)Panel QMESubsequent Injury ClaimLabor CodeRule 35.5(e)Medical-Legal EvaluationClaim FormWCJ
References
Case No. ADJ6603030
Regular
Jul 20, 2018

JEFF DEATON vs. SUPERIOR AMERICAN FLEET, U.S. FIRE INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, upholding a prior finding that one-on-one sitter services provided by a lien claimant were reasonable and necessary medical treatment. The defendant argued the WCJ erred in disregarding utilization review and a preferred provider organization agreement, but the WCAB found these arguments unpersuasive. The WCAB also noted the defendant waived the issue of a second review of medical bills by failing to raise it earlier.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderWCJlien claimantCare Meridianone-on-one sitter servicesreasonable and necessary medical treatmentpenaltyLabor Code 4603.2
References
Case No. SJO 0251644
Significant
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Workers' Compensation Appeals Board, in an en banc decision, reconsiders and reverses its prior ruling, holding that for pre-2005 injury claims, the 1997 Schedule for Rating Permanent Disabilities applies only if a pre-2005 comprehensive medical-legal report or a treating physician's report explicitly indicates the existence of permanent disability. The Board affirmed the original judge's decision to apply the 2005 Schedule in this case.

Workers Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesSJO 0251644Opinion and Order Granting ReconsiderationEn Banc1997 Schedule2005 Schedule
References
Case No. ADJ9351964 ADJ9351965
Regular
Mar 15, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFÉ, INC., ZENITH INSURANCE COMPANY

In this case, the Workers' Compensation Appeals Board granted reconsideration of its prior en banc decision. The prior decision held that Chapter 20 of Division 8 of the Business and Professions Code did not apply to a copy service lien claimant acting as an agent or independent contractor for a lawyer. Consequently, proof of registration and bonding under Business and Professions Code sections 22450 and 22455 was deemed unnecessary in such circumstances. The Board granted reconsideration to further study the factual and legal issues presented.

Workers' Compensation Appeals BoardYounique CaféZenith Insurance CompanyWestern Imaging ServicesInc.Rogelio CornejoPetition for ReconsiderationEn BancChapter 20Business and Professions Code
References
Case No. ADJ16597333
Regular
Aug 12, 2025

TYSON PEREZ vs. CHICAGO DOGS, LIBERTY MUTUAL INSURANCE COMPANY; HOUSTON ASTROS, ACE AMERICAN INSURANCE COMPANY/ CHUBB

The Workers' Compensation Appeals Board issued an en banc opinion to grant reconsideration regarding a jurisdictional dispute involving applicant Tyson Perez. Defendant Chicago Dogs sought reconsideration of a WCJ's finding of personal jurisdiction, arguing their witness was improperly denied electronic testimony crucial for presenting evidence. The Board found the denial of electronic testimony without due process to be an error, emphasizing the policy favoring adjudication on merits. Therefore, reconsideration was granted, and a final decision is deferred for further review.

WORKERS COMPENSATION APPEALS BOARDEN BANCPETITION FOR RECONSIDERATIONPERSONAL JURISDICTIONELECTRONIC TESTIMONYDUE PROCESSFAIR HEARINGSUBSTANTIAL JUSTICELIBERAL PLEADINGDISCOVERY
References
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