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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. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ8454044, ADJ8413402
Regular
Apr 16, 2015

BERTHA MUNOZ vs. SOCIAL VOCATIONAL SERVICES, INC., COMPANION CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a judge's order to personally appear and sanction a lien claimant, Western Imaging Services. The WCAB found that the judge prejudged the lien claimant's entitlement to payment and threatened sanctions without proper notice or a full hearing on the merits regarding registration requirements. The lien claimant was not given an adequate opportunity to present evidence or legal arguments on the applicability of relevant Business and Professions Code sections. The WCAB directed the judge to allow evidence and briefing on the issue before issuing a final decision.

WCABLien claimantPetition for RemovalSanctionsWCJMedical-legal expensesBusiness and Professions Code 22450Business and Professions Code 22451Pre-trial conferenceHearing representative
References
Case No. ADJ8387626
Regular
Oct 29, 2015

ANA DIAZ vs. SAMBRAILO PACKAGING, INC., ZENITH INSURANCE COMPANY

This case involves a lien claim for photocopying services provided by California Imaging Solutions (CIS). The WCJ initially disallowed the lien because CIS was not registered as a professional photocopier, as required by Business and Professions Code section 22450. However, the Appeals Board granted reconsideration, finding that CIS was exempt from this registration requirement under Business and Professions Code section 22451(b) because it acted as an agent or independent contractor for applicant's attorney. The case is returned to the trial level to address record deficiencies and re-evaluate the lien claim's compensability in light of this exemption.

Lien ClaimantReconsiderationFindings And OrderAdministrative Law JudgeWCJProfessional PhotocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451(b)State BarAgent
References
Case No. ADJ7611909 ADJ8870925
Regular
Jan 20, 2016

ANTONIA RIVAS vs. EL PRADO RESTAURANT, THE COHEN RESTAURANT GROUP, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board reversed the prior decision, allowing lien claimant Preferred Scan's exhibits into evidence. Applying the en banc decision in *Cornejo*, the Board found that Preferred Scan made an unrebutted prima facie showing of exemption from Business and Professions Code registration requirements. This exemption applies because Preferred Scan acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. The case is returned for a new decision on the lien claim.

Preferred ScanRivas v. El Prado RestaurantADJ7611909ADJ8870925WCABReconsiderationBusiness and Professions Code 22450Business and Professions Code 22451(b)Cornejo v. Younique CaféInc.
References
Case No. ADJ9351964 ADJ9351965
Regular
Apr 13, 2016

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

The Workers' Compensation Appeals Board affirmed its prior decision, holding that Business and Professions Code section 22451(b) exempts agents and independent contractors of attorneys from registration requirements for photocopying services, even when compensated. This exemption applies to lien claimants like Western Imaging Services, Inc., when they act as authorized representatives of an attorney. The Board rejected the defendant's argument that the exemption should be narrowly construed to exclude compensated photocopiers. Therefore, proof of compliance with registration and bonding provisions was not required for the lien claimant to recover copy service fees.

Workers' Compensation Appeals BoardYounique Cafe Inc.Zenith Insurance CompanyWestern Imaging Services Inc.Rogelio CornejoMedical-Legal ExpensesLabor Code Section 4620(a)Business and Professions Code Chapter 20Business and Professions Code Section 22451(b)Agent
References
Case No. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
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