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

Case No. RDG 116853; RDG 116854; RDG 116855; RDG 116856; RDG 122064
Regular
Sep 13, 2007

GARY STODDARD vs. NEVADA IRRIGATION DISTRICT, TRISTAR RISK MANAGEMENT, STATE COMPENSATION INSURANCE FUND, GOLDEN EAGLE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and affirmed the administrative law judge's decision, which found no employer discrimination under Labor Code § 132a. However, the Board amended the order to shift $\$500$ in sanctions from the defendant employer to its defense counsel, Bradford & Barthel, for their conduct prior to and during trial. The applicant's contention of discrimination was otherwise rejected.

WORKERS' COMPENSATION APPEALS BOARDLabor Code § 132aantidiscriminationreconsiderationsanctionsWCJFindings and OrderOrder No. 5Bradford & Bartheltrial activities
References
Case No. ADJ8620205, ADJ8967412
Regular
Dec 10, 2015

SONIA RODRIGUEZ vs. FRESH BAKED LOVIN OVEN, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, TOWER SELECT INSURANCE COMPANY, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted removal, rescinding a WCJ's order taking the case off calendar. The Board found that key parties, including the applicant's legal representation (Bradford & Barthel, LLP) and their insurer (PMAIC), were not properly served with notices of hearings. This lack of notice prevented them from participating and asserting their rights, violating due process. The matter is remanded for a properly noticed lien conference and subsequent lien trial.

Workers' Compensation Appeals BoardPetition for RemovalWCJMinute OrderLien ConferenceLien TrialCompromise and ReleaseNotice of RepresentationDue ProcessService
References
Case No. ADJ8822967
Regular
May 26, 2017

ROGELIO ACEVEDO vs. TCI TIRE CENTER, ARCH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Removal filed by TCI Tire Center and its insurer, Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that removal is an extraordinary remedy. The WCAB determined the petitioner failed to demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, the WCAB declined to intervene before a final decision.

Petition for RemovalWorkers' Compensation Appeals BoardExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportDeniedADJ8822967Rogelio Acevedo
References
Case No. ADJ8645979
Regular
Nov 19, 2013

BERENICE MONTOYA vs. NOR-WEST, INC., MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Reconsideration/Removal filed by the defendants. This dismissal is solely based on the petitioner's withdrawal of the petition. Therefore, the WCAB took no substantive action on the underlying decision of September 3, 2013.

Petition for ReconsiderationPetition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ8645979Salinas District OfficeSeptember 3 2013 decisionBradford BarthelSprenkle Georgariou
References
Case No. ADJ8286219
Regular
Feb 20, 2013

RAMON BERNARDINO vs. BAYVIEW VINEYARDS and CRUM FORSTER

In this workers' compensation case, the defendant, Bayview Vineyards, sought to rescind an order awarding applicant's counsel fees and penalties. The defendant argued that the awarded fee of $1,633.00 had already been paid prior to the order. The Appeals Board, finding no opposition from the applicant's counsel, granted the defendant's petition for removal. Consequently, the order awarding the fees and penalties was rescinded, as payment was confirmed to have been made.

Petition for RemovalLabor Code §5710 FeesPenaltiesWCJOrder Granting PetitionRescind OrderWorkers' Compensation Appeals BoardDecision After RemovalBradford & BarthelJohn Bloom
References
Case No. ADJ6542976
Regular
Dec 03, 2012

AURORA MORENO vs. ARROWHEAD REGIONAL MEDICAL CENTER

This case involves Aurora Moreno (Applicant) versus Arrowhead Regional Medical Center (Defendant). The defendant sought reconsideration of a prior decision, and the Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB requires reconsideration to thoroughly study the factual and legal issues for a just and reasoned decision. All future filings must be submitted in writing to the WCAB Commissioners' office in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPETITION FOR RECONSIDERATIONARROWHEAD REGIONAL MEDICAL CENTERCOUNTY OF SAN BERNARDINDO DEPARTMENT OF RISK MANAGEMENTADJ6542976LOS ANGELES DISTRICT OFFICESTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ7523877
Regular
Apr 10, 2015

Raymond Ybarra vs. Star Transport, ICW Group

This case concerns a Petition for Reconsideration of orders dismissing lien claimants' liens. Although the petition was timely filed, the Workers' Compensation Judge (WCJ) reinstated the two liens within the permissible 15-day timeframe. Therefore, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration as moot due to the WCJ's action.

Petition for ReconsiderationLien ClaimantsOrder DismissingWCJOrder ReinstatingWCAB Rule 10859Lab. Code5900(a)5903Timely Filed
References
Case No. ADJ3755565
Regular
Apr 27, 2010

JEAN CARDINALE vs. FIRST BLACKHAWK FINANCIAL CORPORATION, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the original award to the applicant for industrial injuries to multiple body parts. The defendant's primary argument for reconsideration was the alleged improper admission of a psychological report, claiming it was not listed on the pre-trial conference statement. However, the Board found this contention to be factually incorrect, as the report was indeed listed and acknowledged by both parties. Consequently, the Board initiated removal on its own motion to issue sanctions against the defendant's law firm for filing a verified petition containing demonstrably false statements.

Workers' Compensation Appeals BoardIndustrial InjuryCumulative InjuryPsyche InjuryCervical Spine InjuryMedical Report AdmissibilityPre-Trial Conference StatementPetition for ReconsiderationQualified Medical EvaluatorLabor Code Section 5813
References
Case No. ADJ3038241 (ANA 0335334) ADJ1019651 (ANA 0350140)
Regular
Oct 01, 2008

MARILYN FORKNER vs. APRIA HEALTHCARE/AIG CLAIMS SERVICES, COMMUNITY DIALYSIS (VIVRA)/LIBERTY MUTUAL INSURANCE COMPANY

The petition for reconsideration is granted to allow further study of the factual and legal issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationApria HealthcareAIG Claims ServicesCommunity DialysisVivraLiberty Mutual Insurance CompanyADJ3038241ADJ1019651Decision After Reconsideration
References
Case No. ADJ8381778
Regular
Oct 18, 2012

GERALD BROWN vs. GOLDEN GATE PETROLEUM, LIBERTY MUTUAL

In this workers' compensation case, the applicant, Gerald Brown, filed a Petition for Removal and a Petition for Disqualification against Golden Gate Petroleum and Liberty Mutual. The defendants subsequently withdrew both petitions after entering into a Compromise and Release agreement. The Workers' Compensation Appeals Board dismissed both petitions as moot, as they were withdrawn and the settlement was approved by the WCJ. Therefore, no further action will be taken on the dismissed petitions.

Petition for RemovalPetition for DisqualificationCompromise and ReleaseWCJWorkers' Compensation Appeals BoardADJ8381778mootwithdrawn petitionsdismissaladministrative law judge
References
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