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

Case No. ADJ2645988
Regular
Nov 07, 2011

BRIAN PAGE vs. DREAM TEX CORPORATION, CAL. COMP. in liquidation by CIGA

The Workers' Compensation Appeals Board denied Brian Page's petition for reconsideration of the original decision. The Board adopted the judge's report, which found that Dr. Delamarter's reports were limited to a second opinion on surgery, not all issues, rendering his temporary disability opinions unsubstantial. The judge also upheld the defendant's entitlement to a $67,639 third-party credit from the applicant's civil settlement, finding no employer negligence proximately caused the injury. The Board found no basis for the applicant's claims of excess power or that the evidence did not justify the findings.

Workers' Compensation Appeals BoardBrian PageDream Tex CorporationCal CompCIGAADJ2645988Petition for ReconsiderationRemovalWorkers' Compensation Administrative Law JudgeOpinion on Decision
References
Case No. ADJ8256480
Regular
Oct 23, 2014

BRIAN RIECK vs. TCI TRUCK LEASING, SAFETY NATIONAL CASUALTY, MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration as untimely because it was filed more than 25 days after the Order Dismissing Lien. Even if considered on its merits, the petition would have been denied as recommended by the administrative law judge. The applicant in this case is Brian Rieck, and the defendants are TCI Truck Leasing and Safety National Casualty. The matter arose from case number ADJ8256480 in the Santa Ana District Office.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely PetitionDismissal OrderLien ClaimantWCJ Report and RecommendationLabor Code Section 5903WCAB Rule 10507TCI Truck LeasingSafety National Casualty
References
Case No. ADJ9708192
Regular
Jul 05, 2018

BRIAN DANSKIN vs. COUNTY OF RIVERSIDE, PEMISSIDLY SELF-INSURED, CITY OF CYPRESS, PEMISSIDLY SELF-INSURED

This case involves Brian Danskin, who claimed industrial cumulative trauma in the form of skin cancer/melanoma sustained during his employment as a police officer and District Attorney's investigator. The defendant, County of Riverside, sought reconsideration of the WCJ's finding that Danskin was entitled to the Labor Code section 3212.1 cancer presumption for his investigator role. The defendant argued the investigator position didn't qualify for the presumption and that the injury predated his employment with the county. The Appeals Board denied reconsideration, adopting the WCJ's report, finding that Danskin's extensive law enforcement duties as an investigator were central to his role and qualified him for the cancer presumption under section 3212.1.

Workers' Compensation Appeals BoardBrian DanskinCounty of RiversideCity of CypressPetition for ReconsiderationFindings of FactWCJindustrial cumulative traumaskin cancermelanoma
References
Case No. ADJ9116784
Regular
Nov 14, 2014

MICHAEL HERRERA vs. ACTION 2 MAINTENANCE, PREFERRED EMPLOYERS INSURANCE COMPANY

Here's a concise summary of the case for a lawyer: A lien claimant's petition for reconsideration was denied due to untimely filing of a lien and failure to appear at trial. The Appeals Board, on its own motion, granted removal to address sanctions. The Board intends to impose a $2,000 sanction and $525 in attorney fees against the lien claimant and its representative for frivolous and bad-faith actions causing delay. The lien claimant has 15 days plus mailing time to object.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDismissalAttorney FeesSanctionsLabor Code Section 5813Bad Faith ActionsFrivolous Tactics
References
Case No. ADJ970780 (AHM 0124230)
Regular
Jul 28, 2014

GUSTAVO DE LA CRUZ vs. BRIAN THOMAS PETERS dba BRIAN'S PLUMBING SERVICE, CREST AUTO BODY, STATE COMPENSATION INSURANCE FUND, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a petition for reconsideration filed by the defendant regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition to allow for further study of the factual and legal issues. This reconsideration is necessary to ensure a complete understanding of the record and to issue a just decision. All future communications in this matter must be filed in writing with the WCAB Commissioners' office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBrian's Plumbing ServiceState Compensation Insurance FundUninsured Employers Benefits Trust FundADJ970780AHIM 0124230Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ7489641
Regular
Sep 26, 2013

BRIAN SIKES vs. AAA QUALITY SERVICES

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by California Imaging Solutions, upholding the dismissal of their lien claim. The lien was dismissed because the claimant failed to appear at a lien conference and present proof of activation fee payment, a requirement under Labor Code §4903.06(a)(4). The WCAB also noted the petition was invalid due to an unidentified author, thus failing to meet verification requirements. California Imaging Solutions' arguments regarding compliance with the statute, culpability, due process, and the fifteen-day timeframe were rejected.

Petition for ReconsiderationPetitionReconsiderationWCABBrian SikesAAA Quality ServicesADJ7489641Order Denying PetitionCalifornia Imaging Solutionslien claim
References
Case No. ADJ8059593
Regular
May 30, 2017

BRIAN VON DURING vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the County of Los Angeles' petition for reconsideration. The County argued the applicant, injured while participating in a work release program, was not an employee and was exempt from workers' compensation. The Board adopted the Judge's report, upholding the original Findings and Award granting benefits. The applicant's eligibility as an employee under the work release program was implicitly confirmed.

Work release programinmate exemptionwork release applicantself-insured employerWCJ report adoptionPetition for Reconsideration denialFindings and Awardworkers' compensation eligibilityemployee statusCounty Jail exemption
References
Case No. ADJ9878134
Regular
Oct 12, 2018

Brian Gault vs. Americana Vacation Clubs, Inc.

This case concerns an applicant who suffered a knee injury that led to a chronic infection requiring lifelong antibiotic treatment. The Workers' Compensation Appeals Board granted reconsideration to correct the permanent disability rate and found the applicant's condition to be an "insidious, progressive disease." Therefore, they awarded an interim permanent disability rating with jurisdiction reserved to award additional benefits due to the likely future complications from the antibiotic therapy. The Board also deferred the penalty for delayed indemnity payment pending the final resolution of permanent disability.

Workers Compensation Appeals BoardAmericana Vacation ClubsInc.Republic Underwriters Insurance CompanyBrian GaultApril 142014right kneeinternal body systemsinfection
References
Case No. ADJ3852874 (ANA 0398778) ADJ1768842 (ANA 0398779)
Regular
Aug 20, 2009

RAYMUNDO ALVAREZ vs. BRIAN MORALES, SHELBY FRAMING, CALIFORNIA CONTRACTORS NETWORK, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a stipulation resolving SCIF's dispute with CCN over liability for applicant's claims. SCIF sought to set aside the stipulation, arguing it was based on a mistaken belief about CCN's employer relationship. The Board rescinded the stipulation, returning the case for a hearing on whether SCIF has good cause to be relieved of its stipulation. The WCJ will determine if grounds like mutual mistake or fraud exist, otherwise, the stipulation will be reinstated.

Workers' Compensation Appeals BoardJoint Stipulation and OrderReconsiderationSCIFCCNShelby FramingBrian MoralesExcusable MistakeGood CauseSet Aside Stipulation
References
Case No. ADJ7176602, ADJ7460189
Regular
Sep 17, 2014

BRIAN ADAMS vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involved a defendant seeking reconsideration of an amended workers' compensation award. The Appeals Board dismissed the petition as untimely because the defendant was challenging findings from the original award, not the subsequent amendments. The amendments only addressed a separate, pending claim and did not materially alter the award the defendant contested. Therefore, the defendant's petition was filed outside the statutory window for reconsideration.

Workers Compensation Appeals BoardBrian AdamsState Compensation Insurance FundAmended Findings of Fact and AwardPetition for ReconsiderationWCJIndustrial InjuryCorrectional OfficerCumulative TraumaPermanent Disability
References
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