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

Case No. ADJ7689073
Regular
Jul 03, 2012

WILLIAM OLIVE vs. COUNTY OF BUTTE, SHERIFF'S DEPARTMENT

In *Olive v. County of Butte*, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report in its decision. Therefore, the applicant's request for a rehearing or further review of the original decision was refused.

WORKERS' COMPENSATION APPEALS BOARDCOUNTY OF BUTTESHERIFF'S DEPARTMENTPermissibly Self-InsuredYORKADJ7689073ORDER DENYING RECONSIDERATIONPetition for Reconsiderationadministrative law judgerecord
References
Case No. ADJ2825571 (LBO 0359176)
Regular
Mar 19, 2012

RONALD METSKER (dec.); KIMBERLY METSKER (dec.), JEREMY DIXON, ET AL. vs. DOUBLETREE CLUB HOTEL; CALIFORNIA INDEMNITY INSURANCE CO.

This order denies a petition for reconsideration in the case of *Metsker (dec.) et al. v. Doubletree Club Hotel*. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding the judge's reasoning sound and incorporated into their decision, the WCAB denied the reconsideration. The specific grounds for the original decision and the reasons for denial are detailed in the judge's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDenying ReconsiderationRonald MetskerKimberly MetskerJeremy DixonDoubletree Club HotelCalifornia Indemnity Insurance Co.ADJ2825571
References
Case No. ADJ 1478335 (SAC 0317387)
Regular
Mar 24, 2009

GILROY SMITH (Deceased), ILIANA SMITH, ET AL. vs. RIO LINDA UNIFIED SCHOOL DISTRICT, and LIBERTY MUTUAL INSURANCE COMPANY

This case involves a deceased food service worker, Gilroy Smith, whose dependents, Iliana Smith et al., sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award after the employer, Rio Linda Unified School District, and the applicants filed petitions. The WCAB ultimately affirmed the original award, which found the admitted industrial injury caused 39% permanent disability and death due to an aggravation of hepatitis C. The employer's contention that the injury did not cause death was rejected, and the applicants' claim for temporary disability was also affirmed implicitly.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityDeath BenefitsHepatitis CQualified Medical EvaluatorIndustrial InjuryFood Service WorkerTemporary Disability IndemnitySubstantial Evidence
References
Case No. ADJ4687742
Regular
Dec 01, 2018

JACK HABLIAN et al. vs. ZURICH U.S., et al.

This case involves a petition for reconsideration filed by the applicants regarding a decision from October 3, 2016. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration. The purpose of this grant is to allow the WCAB further time to thoroughly review the factual and legal complexities of the case. This will enable the Board to issue a just and reasoned decision after a complete understanding of the record.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemEAMSProposed Settlement
References
Case No. ADJ7003833, et al.
Regular
Nov 28, 2012

MARTHA AGUIRE, et al. vs. TWO STAR PERSONNEL, administered by SEDGWICK CMS, ; et al.

This order corrects clerical errors in a prior Board decision concerning a sanction against lien claimant Safety Works, Inc. The errors involved omitting a critical attachment listing cases for reconsideration and failing to include the firm Floyd, Skeren and Kelly on the service list. The Board is correcting these errors by adding the firm to the service list and attaching the missing document. This ensures all parties are properly notified and that the prior decision accurately reflects the proceedings.

Workers' Compensation Appeals BoardClerical ErrorsPetition for ReconsiderationWCJ SanctionLien ClaimantService ListInterlineationDecision After ReconsiderationSafety WorksInc.
References
Case No. ADJ 3758765 (LBO 0335564) ADJ 977794 (LBO 0350733)
Regular
Jun 24, 2009

ROBERT BOUQUET, vs. FARBOTECH COLOR INCORPORATED, et al., INK SYSTEMS, INC., et al.

The Appeals Board granted reconsideration for CIGA (ADJ 3758765) and National Fire Insurance (ADJ 977794) due to errors in the Workers' Compensation Judge's (WCJ) decisions. In ADJ 3758765, the WCJ's decision improperly included Legion Insurance and omitted necessary caption corrections, necessitating a new decision. In ADJ 977794, the WCJ failed to rule on National's credit claim, erroneously calculated applicant's earnings, and required caption adjustments. Both cases are returned to the trial level for further proceedings and revised decisions by the WCJ.

CIGAFremont IndemnityNational Fire Insurance CompanyFarbotech ColorInk Systemspetition for reconsiderationFindings and AwardWCJpermanent disabilitytemporary total disability
References
Case No. ADJ8191009, ADJ6834343, ADJ8191008
Regular
Sep 20, 2016

ARTHUR ANDERSEN vs. AL LEWIS TRUCKING, REDWOOD FIRE \& CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The defendant, Al Lewis Trucking and its insurer, filed a Petition for Reconsideration of a prior Findings and Award. However, before the Board could rule on that petition, the defendant withdrew it. Consequently, the Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition to WithdrawDismissedFindings and AwardWCJADJSanta Rosa District OfficeArthur AndersenAl Lewis Trucking
References
Case No. ADJ8721311
Regular
Mar 25, 2014

JOSE ANDRES GAYTON HERNANDEZ vs. AL PAK LABOR, OLD REPUBLIC, Administered by CANNON COCHRAN MANAGEMENT SERVICES, INC.

In this workers' compensation case, the applicant is Jose Andres Gayton Hernandez, and the defendants are AL PAK LABOR and Old Republic. A Petition for Removal was filed and subsequently withdrawn by the petitioner. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition. No further action will be taken on this matter.

Workers' Compensation Appeals BoardPetition for RemovalDismissedPetitionerApplicantDefendantAdministeredCannon Cochran Management ServicesOld RepublicAl Pak Labor
References
Case No. ADJ13332737, ADJ15218980, ADJ12640295
Significant
Jun 17, 2024

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board consolidates three cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the intent to disrupt or delay trial proceedings, issuing a notice of intent to impose sanctions and costs.

En BancSanctionsCostsAttorney's FeesLabor Code 5813Willful IntentImproper MotiveFrivolousDelay TacticsPetition for Reconsideration
References
Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860
En Banc
Apr 10, 2024

ALFREDO LEDEZMA, et al. vs. KAREEM CART COMMISSARY AND MFG; STATE COMPENSATION INSURANCE FUND, et al.

The Workers' Compensation Appeals Board consolidates eight cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for a pattern of filing petitions for reconsideration to delay trials, followed by failure to appear, and issues a notice of intent to impose sanctions up to $20,000 against each.

Workers' Compensation Appeals BoardSanctionsCostsAttorney's FeesLabor Code Section 5813En Banc DecisionOrder of ConsolidationPetitions for ReconsiderationWillful IntentImproper Motive
References
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