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

Case No. ADJ6537787
Regular
Apr 08, 2013

LUIS RAMOS vs. WESTEND STAFFING SOLUTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Long Beach Medical Center, whose petition for reconsideration was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on multiple procedural deficiencies: the petition was skeletal, lacked a legally valid verification, and failed to provide proper proof of service on the defendant and other parties. The Board emphasized that failure to serve parties is a substantive omission, and an unverified petition also fails to meet statutory requirements. Therefore, the Board dismissed the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalLien ClaimantSkeletal PetitionLack of VerificationProof of ServiceWCJLabor Code section 5902Labor Code section 5903
References
Case No. ADJ1191428 (LBO 0310118)
Regular
Aug 09, 2010

RUBEN GOMEZ-SOTO vs. NMI, INC.

Here's a summary of the case for a lawyer in four sentences: The Appeals Board granted removal, modifying the WCJ's order to require the defendant to produce *all* medical reports in its possession to the lien claimant, not just those intended for reliance, pursuant to CCR $\S 10608$. The Board struck the WCJ's provision requiring the lien claimant to prove market rate for interpreters, finding the issue was not properly before the judge. While the lien claimant alleged WCJ bias, the Board found no sufficient evidence of enmity or prejudice based on the record. The case was returned to the trial level for further proceedings consistent with the Appeals Board's decision.

RemovalLien ClaimantWCJ OrderMedical ReportsMarket RateInterpreter FeesBiasDisqualification8 Cal. Code Reg. 10608Labor Code 5710
References
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. ADJ1968745; ADJ3771069; ADJ1711136
Regular
Aug 04, 2025

PETER WATSON vs. FPL ENERGY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by The Prescription Center Pharmacy. The petition challenged a Findings and Order from August 29, 2022, concerning the disallowance of medication charges for applicant Peter Watson. The Board applied equitable tolling to the statutory 60-day period for acting on the petition due to administrative delays in receiving the case file, ensuring a decision on the merits. The Board ultimately concluded that the petitioner failed to establish grounds for reopening discovery, willful suppression of evidence by the defendant FPL Energy, or the medical necessity for many of the disallowed medications, based on the findings of Agreed Medical Examiner Dr. Mark Hyman.

Workers' Compensation Appeals BoardPetition for ReconsiderationEquitable TollingLabor Code Section 5909Electronic Adjudication Management System (EAMS)Due ProcessSubstantial JusticeFindings and AwardPrescription Center PharmacyAdverse Inference
References
Case No. ADJ4570795 (SAL 066339)
Regular
Nov 08, 2010

DOMINICK TAORMINA vs. CITY OF SALINAS, ET AL.

This Workers' Compensation Appeals Board case concerns Dominick Taormina versus the City of Salinas. The Board granted the defendant's request to file a supplemental petition, allowing them to respond to the Workers' Compensation Judge's (WCJ) report and recommendations. However, the Board denied the defendant's petition for reconsideration of the July 20, 2010 Findings and Order, adopting the WCJ's reasoning. Additionally, Westport Insurance Company was admonished for exceeding page limits in their answer without prior permission.

WCABSupplemental PetitionPetition for ReconsiderationWCJ ReportWestport Insurance CompanyCCR 10848CCR 10845Findings and OrderService by Mail
References
Case No. ADJ3814780
Regular
May 13, 2013

MARTIN VENEGAS vs. AMERICAN HONDA MOTOR COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing liens. The liens were dismissed by operation of law for failure to timely pay the lien activation fee, and a Notice of Intention to Dismiss was unnecessary. The lien claimant's representative was present when the dismissal order was issued, but argued the petition was timely based on the defendant's proof of service. The Board adopted the WCJ's report, which found the lien claimant had notice and the petition for reconsideration was frivolous.

Lien Activation FeeOrder Denying ReconsiderationWorkers' Compensation Appeals BoardLien ConferenceDismissed by Operation of LawPetition for ReconsiderationAdministrative Law JudgeProof of ServiceLien ClaimantTimely Paid
References
Case No. ADJ9505962; ADJ9289403
Regular
May 13, 2015

JAMILENE KANE vs. RALEYS, ATHENS ADMINISTRATORS

In this workers' compensation case, the Appeals Board granted a Petition for Removal filed by lien claimant UFCW & Employers Benefit Trust. The Board reversed a prior order that denied UFCW's request for service of medical reports. The Board found that UFCW, as a physician lien claimant defined by relevant Labor Code sections and WCAB Rule 10608(a)(5), is entitled to service of medical reports upon request under Rule 10608(b) without needing to become a formal party to the action. Therefore, the defendant and other parties were ordered to serve UFCW with all requested medical reports.

Petition for RemovalPhysician Lien ClaimantMedical Information ServiceWCAB Rule 10608(b)Due ProcessTaft-Hartley Health and Welfare FundLabor Code sections 4903.05(c)(7)Labor Code sections 4903.06(b)Medical-Legal ReportsDeclaration of Readiness to Proceed
References
Case No. ADJ8172096
Regular
Apr 17, 2014

MARIA DEL SOCORRO MEDELLIN vs. ANNETTE ROJAS, FIRST AMERICAN SPECIALTY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the WCJ's report, which found the applicant to be an employee based on credible testimony and medical records. The defendant contended the WCJ erred in finding employment, but the WCJ found the applicant met the hours requirement under Labor Code Section 3352(h). The Board gave great weight to the WCJ's credibility findings and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.Labor Code Section 3352(h)housekeeperemploymentdate of injuryPetition for ReconsiderationAmended Petition
References
Case No. ADJ6698865
Regular
Aug 12, 2010

VALENTINO VILLALPANDO vs. CINTAS CORPORATION, INC., XL SPECIALTY INSURANCE Administered By CAMBRIDGE/XCHANGING

The Workers' Compensation Appeals Board denied Cintas Corporation's Petition for Reconsideration and Removal. The Board affirmed the finding that the applicant needs further medical treatment but clarified that this does not preclude future challenges to specific treatment. The Board also upheld the striking of the QME report due to procedural violations by the defendant, including failure to provide a log of records and a Spanish interpreter. Consequently, the defendant's challenges to the QME report and orders regarding Dr. Bogerty's evaluation were also denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalFurther Medical Treatment (FMT)Utilization ReviewMedical Provider Network (MPN)Qualified Medical Evaluator (QME)Medical UnitDr. SoongDr. Bogarty
References
Case No. POM 0294611
Regular
Oct 12, 2007

ELIZABETH VILLANUEVA vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board denied Elizabeth Villanueva's Petition for Reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found Villanueva lacked credibility due to contradictory testimony regarding her claimed back injury and its reporting. The Board adopted the ALJ's reasoning, giving great weight to their credibility determination.

WCABPetition for ReconsiderationWCJ ReportGarza v. Workmen's Comp. Appeals Bd.Credibility FindingSkeletal PetitionTitle 8 CCR 10846Proof of ServiceCCR Rule 10850Impeachment
References
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