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Case Law Database

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. ADJ6821124

Regular

Sep 20, 2013

JUAN RAMOS vs. CB RICHARD ELLIS, ZURICH NORTH AMERICA

This case concerns a lien claimant's failure to provide proof of timely payment of a lien activation fee. The Workers' Compensation Appeals Board granted reconsideration to allow the claimant to submit this proof. Although no response was received, the Board independently verified payment was made the day before the lien conference. Therefore, the prior order dismissing the lien for failure to pay the fee is rescinded, and the matter is returned to the trial level for further proceedings on the lien.

Workers' Compensation Appeals Boardlien claimantlien activation feeLabor Code section 4903.06Electronic Adjudication Management System (EAMS)lien conferenceFigueroa v. B.C. Doering Co.dismissal with prejudicerescind Ordertrial level

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. OAK 335190

Regular

Feb 26, 2008

ROBERT HAMANN vs. CHEVRON OCIP (CB&I CONTRACTORSSUBCONTRACTOR)

The Appeals Board granted the defendant's Petition for Removal, overturning the WCJ's order to produce documents and a privilege log. The Board amended the order, stating the defendant is not required to produce documents previously served on the applicant, provided proof of service can be demonstrated. The Appeals Board also corrected the heading on the WCJ's report to reflect the proper judicial authority.

Petition for RemovalSubpoena Duces TecumPrivilege LogAttorney-Client PrivilegeMotion to QuashWorkers' Compensation Appeals BoardWCJDivision of Workers' CompensationRemovalReconsideration

References

Case No. ADJ6509769

Regular

Aug 16, 2010

JOAN VALENTINE vs. CB RICHARD ELLIS, INC., ZURICH NORTH AMERICA

The applicant sought reconsideration of a WCJ decision that awarded $4\%$ permanent disability for a low back injury but denied claims for right knee, right ankle, and sleep disorder injuries. The applicant contended the WCJ erred by not finding an industrial injury to her right knee, arguing her attorney failed to enter relevant medical reports into evidence. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the trial level. This action was based on the potential insufficiency of the PQME's review, as the applicant's testimony regarding her knee injury was corroborated by contemporaneous medical reports that may not have been fully considered.

Petition for reconsiderationPro perFindings and AwardIndustrial injuryLow back injuryPermanent disabilityRight knee injuryRight ankle injurySleep disorderVerified petition

References

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FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

JUAN RAMOS vs. CB RICHARD ELLIS, ZURICH NORTH AMERICA

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury

ROBERT HAMANN vs. CHEVRON OCIP (CB&I CONTRACTORSSUBCONTRACTOR)

Petition for RemovalSubpoena Duces TecumPrivilege LogAttorney-Client PrivilegeMotion to QuashWorkers' Compensation Appeals BoardWCJDivision of Workers' CompensationRemovalReconsideration

JOAN VALENTINE vs. CB RICHARD ELLIS, INC., ZURICH NORTH AMERICA

Petition for reconsiderationPro perFindings and AwardIndustrial injuryLow back injuryPermanent disabilityRight knee injuryRight ankle injurySleep disorderVerified petition