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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. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ10306044
Regular
Apr 20, 2018

RELENA BELTRAN vs. SAEED KESHTAR DBA ROUND TABLE PIZZA, WESCO INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Relena Beltran's Petition for Reconsideration because it was skeletal, unverified, and lacked proof of service on opposing parties. The petition failed to detail specific grounds, evidence, or legal arguments, and did not include a required verification despite notice of the defect. Furthermore, subsequent filings were also deficient and rejected under Appeals Board rules. Consequently, the Board found the petition subject to dismissal based on statutory and regulatory requirements.

Petition for ReconsiderationSkeletal PetitionUnverified PetitionProof of ServiceWCJ ReportAppeals Board Rule 10848Labor Code § 5902Appeals Board Rule 10842Appeals Board Rule 10846Appeals Board Rule 10852
References
Case No. ADJ7414538
Regular
Sep 27, 2013

WILLOLA JOINTER vs. LOS ANGELES JOB CORPS CENTER, ZENITH INSURANCE COMPANY

This case involves a lien claimant, Western Imaging Services, seeking reconsideration after its lien was denied by the Workers' Compensation Judge due to insufficient evidence regarding billing practices. The Appeals Board granted reconsideration, finding Western misstated the evidence and the law, and failed to meet its burden of proof on the reasonableness of its charges. Furthermore, the Board issued a notice of intention to impose sanctions for apparent violations of rules regarding proper document execution and professional conduct. Western's petition misrepresented defendant's objections and cited outdated law, while failing to present evidence on the crucial issue of billing appropriateness.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderWCJBurden of ProofLabor CodeAppeals Board RulesSanctionsBad Faith
References
Case No. ADJ6918185
Regular
Jan 07, 2017

LORRAINE ROBBINS vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, AAA AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, SEDGWICK

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration due to multiple procedural defects. Specifically, the petition was deemed skeletal, unverified, and lacked proof of service on adverse parties, all of which are required by Labor Code section 5902 and relevant Appeals Board Rules. The applicant was also provided notice of the lack of verification but failed to cure the defect. Consequently, the petition was dismissed, and subsequent filings were rejected.

Petition for ReconsiderationDismissalSkeletal PetitionUnverified PetitionProof of ServiceLabor Code § 5902Appeals Board RulesWCJ ReportTimelinessVerification Defect
References
Case No. ADJ6535347, ADJ6534384
Regular
Nov 02, 2015

CHRISTINE KNAPP vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The applicant sought to overturn findings of $53\%$ permanent disability and disputed the exclusion of vocational expert reports and a claim of $100\%$ disability. The Board found the petition contained numerous factual misrepresentations and violations of WCAB rules and professional conduct by the applicant's attorney. The Board adopted the WCJ's report, which recommended denial due to the petition's legal defects and factual inaccuracies.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardOccupational Group NumberIndustrial InjuryRight ShoulderMigraine HeadachesPermanent DisabilityAgreed Medical ExaminerQualified Medical Examiner
References
Case No. ADJ332528 (AHM 0104042)
Regular
Mar 22, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board imposed a $250.00 sanction against the State Compensation Insurance Fund and its attorney, Maria Frias Callejas. This sanction was issued due to their failure to respond to a Notice of Intention to Impose Sanctions and their violation of the Board's Rules of Practice and Procedure. No timely objection demonstrating good cause was filed. Consequently, they are jointly and severally liable for the payment of the sanction to the Appeals Board.

Workers' Compensation Appeals BoardSanctionsState Compensation Insurance FundMaria Frias CallejasRules of Practice and ProcedureNotice of IntentionGood CauseTimely ResponseJoint and Several LiabilityAttorney for Defendant
References
Case No. ADJ9655473
Regular
Jun 23, 2017

LETICIA SANTIAGO vs. SPRING HARVEST BERRY FARMS, INSURANCE COMPANY OF THE WEST

This case involves a Petition for Reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was primarily due to the petition being "skeletal," meaning it lacked specific grounds, details, and references to the record as required by Labor Code section 5902 and WCAB rules. Furthermore, the petition was filed without proper proof of service on adverse parties, violating Labor Code section 5905. The WCAB noted that even if these procedural defects were overlooked, the petition would have been denied on the merits based on the judge's report.

Petition for ReconsiderationSkeletal PetitionProof of ServiceAdverse PartiesLabor Code § 5902Appeals Board Rules 10842Appeals Board Rules 10846Appeals Board Rules 10852DismissalWCJ Report
References
Case No. ADJ9997985, ADJ9997986, ADJ10037755
Regular
Apr 10, 2017

DAVID LIVINGSTON vs. SOUTHEAST PERSONNEL LEASING, INC.;, PACKARD CLAIMS ADMINISTRATION;, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by the defendant. The WCAB found the petition was untimely because it was filed one day after the 20-day deadline for removal following personal service. This deadline is jurisdictional, and the WCAB cannot consider petitions filed outside this timeframe. Therefore, the petition was dismissed with no request for supplemental pleading granted.

Petition for RemovalUntimely FilingPersonal ServiceWCJ DecisionAppeals Board RuleJurisdictional Time LimitSupplemental PleadingWCAB Rule 10848WCAB Rule 10843WCAB Rule 10507
References
Case No. ADJ1773429 (MON 0282203) ADJ855226 (MON 0077581) ADJ2715287 (MON 0077582)
Regular
Nov 19, 2013

CURTIS WARD vs. TECHNICOLOR, INC.

This case involves a sanction imposed against applicant's attorney, Leatrice L. Cohen, for violating Workers' Compensation Appeals Board Rules. The Board found Ms. Cohen's attachment of over 300 pages of documents to a petition for removal to be improper, as Board Rule 10842(c) prohibits attaching exhibits. Her defense that some documents were not scanned into EAMS was rejected, as the rule prohibits attaching documents already present in the record. Consequently, the Board ordered Ms. Cohen to pay a $900 sanction to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDRemovalSanctionLabor Code section 5813Rules of Practice and ProcedurePetition for removalAppeals Board Rule 10842(c)ExhibitsEAMSFrivolous tactics
References
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