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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. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
Case No. LAO 860448, LAO 860449
Regular
Mar 07, 2008

DAVID MORRIS vs. CITY OF RIVERSIDE

The Workers' Compensation Appeals Board dismissed Dr. Khalid Ahmed's petition for reconsideration because it was untimely filed after the statutory deadline. The petition was also deemed insufficient due to its skeletal nature, lack of verification, and failure to meet regulatory requirements for supporting arguments with references to the record and law. Therefore, the Board found it lacked jurisdiction to consider the untimely and procedurally deficient petition.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationUnverified PetitionSkeletal PetitionUntimely PetitionLabor Code section 10609Labor Code section 4616Labor Code section 5902Labor Code section 5903
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ8278787
Regular
Mar 04, 2014

FERMINA GALLEGOS vs. KINDRED HEALTHCARE, SEDGWICK, CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for lien claimant Preferred Scan, Inc., who sought to set aside an order dismissing their lien due to non-appearance at a lien conference. The WCJ recommended granting the petition, citing excusable neglect for the lien claimant's miscalendaring. The WCAB further found procedural defects, including the failure to issue a notice of intention to dismiss and improper delegation of service. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ConferenceExcusable NeglectNotice of Intention to DismissTitle 8 California Code of Regulations Section 10562Title 8 California Code of Regulations Section 10241Title 8 California Code of Regulations Section 10500Rescinded
References
Case No. ADJ8092835
Regular
Mar 04, 2016

Dane Hayes vs. California Dairies, Hartford Fire Insurance Company

The Workers' Compensation Appeals Board denied a petition for removal, affirming the WCJ's decision to deny the defendant's motion to strike a QME's supplemental report. The Board found the supplemental report was timely served, as the 60-day period for completion concluded on the next business day after the Saturday deadline. Furthermore, the defendant failed to object to the report's alleged untimeliness *prior* to its service, which is a prerequisite for obtaining a new QME panel under the regulations. Therefore, the defendant failed to demonstrate the substantial prejudice and irreparable harm required for removal.

Petition for RemovalFindings and AwardQualified Medical Evaluator (QME)Supplemental ReportTimelinessObjection to ReportNew QME PanelLabor Code Section 4062.3Labor Code Section 4062.5California Code of Regulations Title 8 Section 38(i)
References
Case No. ADJ4648071 (AHM 0111251)
Regular
Mar 30, 2012

JOYCE SIMON vs. COUNTY OF ORANGE

The Workers' Compensation Appeals Board (WCAB) dismissed Joyce Simon's petition for removal as untimely. Simon sought to nullify prior orders, including one barring permanent disability benefits and another striking a medical report, and also requested the disqualification of the judge. The WCAB adopted the judge's report, which noted Simon had not appealed the October 24, 2011 order and pointed out the ex parte communications that led to it. Because the petition was filed well after the expiration of the statutory time limits for removal and disqualification, it was dismissed.

Petition for RemovalWCJ OrderPermanent Disability BenefitsLabor Code section 4062(a)UtilizationEx-parte communicationsQualified Medical EvaluatorPetition to DisqualifyTimelinessCalifornia Code of Regulations title 8 section 10843
References
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