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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. SJO 208304
Regular
Jun 24, 2008

JAVIER VALDOVINOS vs. LABOR CONNECTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES, RELIANCE INSURANCE, KAISER CEMENT CORPORATION, HANSON PERMANENTE CEMENT CO, ROYAL SUN & ALLIANCE INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration of an arbitrator's decision that denied CIGA's petition for contribution. The Board rescinded the arbitrator's decision and returned the case for further proceedings, finding that crucial Labor Connection documents regarding applicant's special employment by Kaiser Cement were improperly excluded from evidence. This allows for a fuller development of the record on the issue of employment before a new decision is issued.

CIGALabor ConnectionCalifornia Insurance Guarantee AssociationReliance InsuranceliquidationKaiser Cement CorporationHanson Permanente Cement CoRoyal Sun & Alliance InsuranceSpecial EmploymentContribution
References
Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
Case No. ADJ4199705
Regular
Oct 28, 2010

JUAN BURCIAGA vs. CONCO COMPANIES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied Juan Burciaga's Petition for Reconsideration and Removal. The WCAB adopted the findings and recommendations of the administrative law judge's report in its entirety. Additionally, the WCAB admonished the petitioner for violating WCAB Rule 10842 by attaching irrelevant or already submitted evidence, warning of potential sanctions. This denial means the prior decision in the case remains in effect.

Petition for ReconsiderationRemovalWCAB Rule 10842SanctionsLabor Code Section 5813Administrative Law JudgeWorkers' Compensation Appeals BoardConco CompaniesAthens AdministratorsJuan Burciaga
References
Case No. ADJ10191047
Regular
Dec 29, 2018

MIGUEL GARCIA vs. CONCO COMPANIES, ZURICH NORTH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained an industrial hernia injury. While affirming the finding of injury, the Board amended the award to correct the employer's name to Clark Construction Group LLC, addressing defendant's argument about misidentification of the employer. The Board incorporated the WCJ's reasoning in their decision. Further development of the record is deferred for issues beyond injury AOE/COE.

Petition for ReconsiderationFindings and Awardindustrial injurygroin herniapump operatorConco CompaniesClark Construction GroupZurich North American Insurance CompanyWCJReport and Recommendation
References
Case No. ADJ10303873
Regular
Jan 13, 2020

Alfred Hunt vs. CEMEX; NATIONAL UNION FIRE INSURANCE COMPANY C/O GALLAGHER BASSETT

The Workers' Compensation Appeals Board affirmed a prior finding that applicant sustained a low back injury while employed as a cement truck driver. Despite applicant's delay in reporting the injury and prior inconsistent statements regarding previous industrial injuries, the Board found his trial testimony credible. The Board relied on the administrative law judge's credibility determination, supported by the QME report, to conclude that the applicant met his burden of proving injury arising out of and in the course of employment. A dissenting commissioner argued that inconsistencies and prior claims warranted rejection of the applicant's credibility.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and OrderIndustrial InjuryCement Truck DriverCredibilityTimely ReportingBurden of ProofAOE/COEPreexisting Condition
References
Case No. ADJ8820335
Regular
Apr 17, 2017

RAHSHON LOYD vs. DOLAN CONCRETE CONSTRUCTION, OLD REPUBLIC CONTRACTORS INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This case concerns the calculation of applicant Rahshon Loyd's average weekly earnings (AWE) for temporary disability indemnity following a $100\%$ permanent and total industrial injury. The defendant argued the WCJ erred by calculating AWE based on a presumed 40-hour work week, instead of applicant's actual irregular earnings history. The Appeals Board granted reconsideration, finding that while applicant's earning capacity was relevant, his historical earnings as a union cement mason, even after attaining journeyman status, did not consistently reflect a 40-hour work week. Consequently, the Board amended the decision to calculate AWE as an average of his weekly wage over the three years prior to injury, resulting in a reduced temporary disability rate.

Workers' Compensation Appeals BoardAverage Weekly EarningsTemporary Disability IndemnityLabor Code Section 4453Earning CapacityUnion Cement MasonJourneymanPermanent and Total DisabilityVocational EvaluatorPetition for Reconsideration
References
Case No. ADJ125663
Regular
Aug 29, 2014

ALFONSO RODRIGUEZ vs. CONCO CEMENT COMPANY, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted a lien claimant's petition for reconsideration of a June 6, 2014 decision. This action was taken due to statutory time constraints and an initial review of the record indicating a need for further study of the factual and legal issues. The Board seeks a complete understanding to ensure a just decision. All future communications in this case must be filed in writing with the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantStatutory time constraintsFactual and legal issuesDecision After ReconsiderationElectronic Adjudication Management SystemRonnie G. CaplaneMarguerite SweeneySan Francisco
References
Case No. ADJ125663 (LAO 0884491)
Regular
Nov 06, 2014

ALFONSO RODRIGUEZ vs. CONCO CEMENT COMPANY, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed reconsideration of a Notice of Intention to Dismiss (NIT) liens totaling $43,545.00. The WCAB found that an NIT is an interlocutory order not subject to reconsideration. However, the WCAB returned the case to the trial level for the administrative law judge to consider the lien claimants' petition as a timely objection. The judge will determine if good cause exists to avoid dismissal, ensuring the lien claimants' due process rights.

Workers' Compensation Appeals BoardLien ClaimantsNotice of Intention to DismissLien ConferenceGood CauseReconsiderationInterlocutory OrderFinal OrderDue ProcessLien Disallowance
References
Case No. ADJ2359824
Regular
Sep 15, 2008

JAVIER VALDOVINOS vs. LABOR CONNECTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by CAMBRIDGE INTEGRATED SERVICES for RELIANCE INSURANCE, in liquidation, KAISER CEMENT CORPORATION / HANSON PERMANENTE CEMENT CO, ROYAL & SUN ALLIANCE INSURANCE

Royal & Sun Alliance's petition for reconsideration of the June 24, 2008 Opinion And Order is denied. The issue of applicant's employment must first be addressed by the Arbitrator.

CIGAliquidationspecial employmentLabor Connectioncontributionreimbursementinterim orderreconsiderationremandArbitrator
References
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