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

Case No. ADJ4563980 (LAO 0870462) ADJ1692003 (LAO 0870463) ADJ4194895 (LAO 0870464)
Regular
May 24, 2012

EVA RAMIREZ vs. PEDUS SERVICES, CHARTIS

In *Ramirez v. Pedus Services; Chartis*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. This denial means the case will proceed without the requested removal to the Board for review at this stage.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying RemovalADJ4563980ADJ1692003ADJ4194895LAO 0870462LAO 0870463LAO 0870464
References
Case No. ADJ250092
Regular
May 16, 2013

VAROUJAN PEHLEVANIAN vs. CLAY LACY AVIATION, CHARTIS

This case concerns a Petition for Reconsideration filed by the defendant, Chartis, in a workers' compensation matter. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely because it was not filed within the statutory 20-day period plus 5 days for mailing after the Order Approving Compromise and Release on November 19, 2012. The WCAB also stated that even if the petition had been timely, it would have been denied based on the administrative law judge's report. Therefore, the WCAB's order is a dismissal of the defendant's reconsideration request due to procedural defects.

Petition for ReconsiderationUntimelyWorkers' Compensation Appeals BoardDismissalCompromise and ReleaseLabor Code section 5903Code of Civil Procedure section 1013Administrative Law JudgeReport and RecommendationService
References
Case No. ADJ1674856
Regular
Dec 29, 2010

BARBARA SOREM-HUGHLETT, BARBARA HUGHLETT vs. VENTURA COUNTY, CHARTIS COSTA MESA

This case involves multiple workers' compensation claims filed by Barbara Sorem-Hughlett against Ventura County and Chartis Costa Mesa. The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order Granting Petition for Reconsideration in these consolidated cases. Therefore, all future communications, objections, and motions related to these claims must be directed to the WCAB's San Francisco office, not any local office, pending a Decision After Reconsideration. The order was filed on December 29, 2010.

Sorem-HughlettVentura CountyChartis Costa MesaPetition for ReconsiderationWorkers' Compensation Appeals BoardDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneJames C. CuneoAlfonso J. Moresi
References
Case No. ADJ1152287 (LAO 0873925)
Regular
Jan 10, 2012

LAMBERTO CABRERAS vs. ROBERTON INDUSTRIES, INC.; CHARTIS

The applicant, Lamberto Cabreras, filed a petition for reconsideration of a prior decision. However, the petitioner has withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition for reconsideration.

Petition for ReconsiderationOrder DismissingWithdrawn PetitionWorkers' Compensation Appeals BoardRoberton IndustriesChartisLamberto CabrerasADJ1152287
References
Case No. ADJ1417978 (STK 0211694)
Regular
Dec 03, 2012

ROBERTO MANZO vs. MCCARTHY BUILDING COMPANIES, CHARTIS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration of a prior decision. The applicant, Roberto Manzo, sought reconsideration of the finding that he was laid off due to lack of work, not as retaliation for his injury claim, and therefore no violation of Labor Code § 132a occurred. The WCAB adopted the findings of the workers' compensation judge, who found ample evidence to support the conclusion of a layoff due to lack of work, not discrimination. The Board gave great weight to the judge's credibility determinations based on the evidence presented.

WCABReconsiderationLabor Code § 132aCarpenterInjuryMcCarthy Building CompaniesChartisWorkers' Compensation JudgeFindings of FactPermanent Disability
References
Case No. ADJ2340078 (SDO 0304111) ADJ1779622 (SDO 0299855) ADJ6531135
Regular
May 16, 2014

FELIX SANDOVAL, vs. PACIFIC WASTE, dba ALLIED WASTE INDUSTRIES, administered by CHARTIS,

The Workers' Compensation Appeals Board denied Felix Sandoval's petition for reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. The specific reasons for the denial are detailed in the WCJ's report, which was incorporated by reference. Consequently, the applicant's request for a review and potential reversal of the original ruling was rejected.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDworkers' compensation administrative law judgeWCJPACIFIC WASTEALLIED WASTE INDUSTRIESCHARTISADJ2340078SDO 0304111
References
Case No. ADJ7212946
Regular
Dec 13, 2012

JOSE QUINTERO vs. CORPORATE PERSONNEL NETWORK, NEW HAMPSHIRE INSURANCE CO., administered by CHARTIS

The Appeals Board granted reconsideration to address the admissibility of Dr. Konstat's psychiatric evaluation. The Board found Dr. Konstat's report inadmissible because it was a medical-legal evaluation obtained in violation of statutory procedures for represented employees, bypassing the requirement for an Agreed Medical Evaluator or Qualified Medical Evaluator. Consequently, the Board amended the prior award to exclude industrial injury to the psyche due to lack of substantial medical evidence. The applicant's award for orthopedic injuries and medical treatment was affirmed.

Workers' Compensation Appeals BoardJose QuinteroCorporate Personnel NetworkNew Hampshire Insurance Co.ChartisAmended Findings and Awardindustrial injuryleft shoulderneckback
References
Case No. ADJ6808581
Regular
May 22, 2014

SHEIK ZAHID ALI vs. TRIMAC TRANSPORATION SERVICES, ZURICH AMERICAN INSURANCE COMPANY, LEXINGTON INSURANCE COMPANY/CHARTIS

The Workers' Compensation Appeals Board denied both Petitions for Reconsideration in the case of Sheik Zahid Ali vs. Trimac Transportation Services and its insurers. The Board adopted the arbitrator's report, finding substantial evidence supported the decision, independent of the employer's regulatory compliance. Lexington Insurance Company's supplemental brief did not alter this outcome. Consequently, the prior decision stands and the petitions are officially denied.

Sheik Zahid AliTrimac Transportation ServicesZurich American Insurance CompanyLexington Insurance CompanyChartisPetition for ReconsiderationArbitrator's decisionsupplemental letter briefWorkers' Compensation Appeals Boarddenial
References
Case No. ADJ3020236 (MON 0237639) ADJ3564389 (MON 0237640)
Regular
Dec 07, 2011

RICHARD BECKSTEAD vs. PERFORMANCE AUTOMOTIVE; FREMONT in liquidation by CIGA, administered by XCHANGING; GRANITE STATE INSURANCE, administered by CHARTIS, formerly known as AIG

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration filed by the defendants. The dismissal was based on the petition being untimely, as it was filed more than 25 days after the original Finding of Fact and Order was issued on September 1, 2011. The Board adopted the administrative law judge's report, which detailed the untimeliness according to relevant labor and civil procedure codes. The defendants were also advised they could petition for a change of administrator if found not liable in subsequent proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationuntimelyWCJLabor Code section 5903Code of Civil Procedure section 1013dismissedFinding of Fact and OrderXCHANGINGCIGA
References
Case No. ADJ4107442 (SAL 0119945)
Regular
Jul 14, 2010

LISA POITRAS vs. SPHERION STAFFING SERVICES, AIG/ CHARTIS

This case concerns a defendant's petition for reconsideration of a Workers' Compensation Appeals Board order. The defendant argued that the applicant's requested psychiatric treatment was for a separate injury, beyond the scope of an expedited hearing, and not a compensable consequence of her orthopedic injury. The Board denied reconsideration, adopting the judge's report which found the defendant misrepresented facts, misstated the law, and that the psychiatric treatment was sought to address depression and pain stemming from the accepted hip injury. The Board noted the defendant's petition mischaracterized the applicant's claim and the judge's findings.

WORKERS' COMPENSATION APPEALS BOARDSpherion Staffing ServicesAIG/ChartisSpecialty Risk ServicesADJ4107442Petition for ReconsiderationWCJLabor Code §3208.3(d)psychiatric injuryAOE/COE
References
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