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

Case No. ADJ8332660
Regular
Feb 28, 2019

CELEDONIO RAMIREZ vs. MANO PALLETS, INC.; IMPERIUM, adjusted by ATHENS

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by the defendant. The petition was dismissed because it was untimely, as it was filed on December 3, 2018, beyond the November 13, 2018 deadline for seeking removal of the WCJ's October 19, 2018 Findings and Order. The WCAB emphasized that filing with the Board, not just mailing, is required to meet the deadline. Furthermore, even if timely, the petition would likely have been denied due to a lack of demonstrated prejudice.

Petition for RemovalUntimely FilingDismissalWCABWorkers' Compensation Administrative Law Judge (WCJ)Findings and OrderService by MailTime ExtensionProof of FilingSubstantial Prejudice
References
Case No. ADJ8438087
Regular
Feb 24, 2017

CONSUELO ACEVEDO vs. SYSTEM SOLDING USA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, amending a prior decision to find that Tri-City Health Group's lien was timely filed. The Board affirmed the finding that Komberg Chiropractic's lien was barred by the statute of limitations due to late filing on December 29, 2015, when services ended December 28, 2012. However, Tri-City Health Group's lien, filed electronically on March 21, 2016, was deemed timely, as the deadline of March 19, 2016, fell on a weekend and the next business day was utilized. The matter is returned to the trial level for further proceedings regarding Tri-City Health Group's lien.

Workers' Compensation Appeals BoardLien ClaimantsStatute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code Section 4903.5EAMSElectronic FilingBusiness DayTimely Filed
References
Case No. ADJ10588071, ADJ9823909
Regular
Feb 02, 2023

LILLIAN LONA vs. THE DISNEYLAND RESORT, DISNEY ANAHEIM

Here's a summary of the case in four sentences for a lawyer: Applicant Lillian Lona sought an extension for her Supplemental Job Displacement Benefit (SJDB) voucher, which expired March 18, 2021, due to COVID-19 restrictions. She argued the pandemic created a legal impossibility preventing her from utilizing the voucher for computer training. The Workers' Compensation Appeals Board (WCAB) found that the unprecedented pandemic circumstances indeed created a legal impossibility excusing timely compliance with the statutory two-year voucher limit. Consequently, the WCAB granted Lona an additional 15 months from the Opinion's service date to use her SJDB voucher.

Supplemental Job Displacement BenefitSJDB voucherLabor Code section 4658.7(f)Executive Order N-33-20COVID-19 pandemicstay-at-home orderlegal impossibilitytollingvocational retrainingcomputer training
References
Case No. ADJ9455826
Regular
Jan 08, 2016

SAUL VARGAS vs. DUO MAX ENTERPRISES, INC, AMTRUST on behalf of TECHNOLOGY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Saul Vargas's petition for reconsideration. The dismissal was based on the petition being filed on November 17, 2015, which was over 25 days after the WCJ's October 20, 2015 decision was served. California law mandates that petitions for reconsideration must be filed within 25 days of service, an extension is not granted for mailing. The WCAB lacks jurisdiction to consider untimely petitions.

Petition for ReconsiderationUntimely FilingJurisdictional LimitService by MailWCJ ReportAppeals BoardDismissalLabor CodeCalifornia Code of RegulationsTimeliness Extension
References
Case No. ADJ7875439
Regular
Apr 12, 2018

Mercedes Silva vs. TRI-STATE EMPLOYMENT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN'S UNDERWRITING ALLIANCE in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration because it was untimely filed. California law generally allows 25 days for such petitions, with extensions for weekends or holidays, and crucially, requires the petition to be *received* by the WCAB within that period. In this case, the petition was filed three days after the deadline of February 12, 2018, rendering it jurisdictionally invalid. The WCAB therefore lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeLumbermen's Underwriting AllianceLiquidationMail ServiceBusiness Day ExtensionReceipt of Filing
References
Case No. ADJ7270261
Regular
Mar 01, 2012

MEKAL FARUKI vs. MACY'S DEPARTMENT STORES

This case involves Mekal Faruki's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition as untimely. Labor Code section 5903 establishes a strict 20-day deadline for filing reconsideration petitions, with a possible 5-day extension for mailing. Critically, the petition is considered filed upon receipt, not mailing date. Faruki's petition was filed over 25 days after the December 10, 2010 decision, rendering it jurisdictionally barred.

Mekal FarukiMacy's Department StoresPetition for ReconsiderationUntimely FilingLabor Code Section 5903WCAB Rule 10507Jurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardSacramento District Office
References
Case No. ADJ9128112
Regular
Dec 01, 2018

OSCAR GARCIA vs. NICK GONZALEZ FARM LABOR, STAR INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a petition for reconsideration filed by the defendants. The Board dismissed the petition as untimely, as it was filed one day after the October 15, 2018 deadline. California law dictates that a petition for reconsideration must be *received* by the WCAB within the statutory period, not merely mailed. This filing deadline is jurisdictional, meaning the Board lacks authority to consider petitions filed outside this timeframe.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ ReportSupplemental Findings of FactDismissalService by MailMailing ExtensionProof of Filing
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. ADJ14627934
Regular
Apr 21, 2023

ELSA GARCIA JOFFRE GARCIA (Deceased) vs. U.S. BANK, OLD REPUBLIC

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior finding, remanding the case for further proceedings. The Board determined that the statutory presumption of industrial injury for COVID-19 did not apply as there was insufficient evidence of an "outbreak" at the applicant's workplace. Therefore, the applicant must now prove industrial causation without the benefit of this presumption. This requires substantial medical evidence to establish that the applicant contracted COVID-19 during the course of employment.

COVID-19industrial basispresumptionoutbreakAOE/COEmedical-legal evaluationPQMErebuttalsubstantial evidencedeath claim
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
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