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

Case No. ADJ9358843
Regular
May 26, 2017

AMTONIO GIRON vs. JVC, INC. DBA COOKS CORNER BODY SHOP, AMTRUST

The Workers' Compensation Appeals Board granted reconsideration for lien claimant California Imaging's petition. The Board rescinded the prior order that dismissed California Imaging's lien. The decision adopted the reasoning presented in the workers' compensation administrative law judge's report. This means the lien previously dismissed will now be reinstated for further consideration.

Workers' Compensation Appeals BoardLien DismissalReconsideration GrantedPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJLien ClaimantCalifornia ImagingOrder Dismissing LienRescinded
References
Case No. ADJ7777152
Regular
Aug 30, 2012

PABLA CORTEZ vs. PVH SUPERVA, INC., LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, California Imaging, seeking reconsideration of an order dismissing its lien. The lien was dismissed because California Imaging failed to appear at a required lien conference and its objection was untimely and never properly filed with the board. The Appeals Board denied reconsideration, finding that the lien claimant's non-appearance was not excused. The Board noted that lien claimants are considered parties and must follow procedural rules, including timely appearances and filings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceNonappearanceUntimely ObjectionTelephonic AppearanceCompromise and Release
References
Case No. ADJ8059604 ADJ8193294
Regular
May 26, 2016

EDDI MENDOZA GUZMAN vs. DIRECT CHASSIS, LLC, CYPRESS INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's sanction order against lien claimant California Imaging Solutions and its representatives. The WCAB affirmed sanctions against Maria Trujillo and Nancy Ramirez for failing to appear at a hearing as ordered, reducing their sanction to $100 each. However, the WCAB rescinded sanctions against the lien claimant and its hearing representative, finding no basis for bad faith or sanctionable conduct by them. The case was returned for further proceedings on the lien claim itself.

Workers' Compensation Appeals BoardSan Diego ImagingCalifornia Imaging SolutionsLien ClaimantWCJSanction OrderLabor Code Section 5813Hearing RepresentativeBusiness LicenseDue Process
References
Case No. ADJ8374434
Regular
Feb 23, 2018

VICTORIANO EUSEDA vs. ABEL MENDOZA, INC., STAR INSURANCE

This case involves a lien claimant, California Imaging Solutions (CIS), whose lien was initially denied by the Workers' Compensation Appeals Board (WCAB). CIS petitioned for reconsideration, arguing the denial was in error. Subsequently, CIS and the defendant insurer, Star Insurance, mediated and reached a settlement for $1,100 to resolve the lien and related claims. The WCAB rescinded the original denial and approved the settlement agreement, commending the parties for their good faith negotiations.

Victimeno EusedaAbel Mendoza Inc.Star InsuranceCalifornia Imaging SolutionsSan Diego ImagingLien claimantFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judge (WCJ)Denied the lien
References
Case No. ADJ6426842
Regular
Jul 22, 2013

DAN FIKE vs. BALTIMORE RAVENS/CLEVELAND BROWNS

This case concerns a claim for cumulative industrial injury by a professional football player against his former employer. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that California lacked jurisdiction over the claim. This was based on Labor Code section 3600.5(b), which exempts employees hired outside California and temporarily working within the state, provided the employer has extraterritorial coverage with another state that reciprocally exempts California. The employer, the Browns, successfully demonstrated these conditions were met under Ohio law.

Labor Code section 3600.5extraterritorial provisionsregularly employedtemporarily in Californiahired outside of Californiaself-insured employerOhio workers' compensation lawsCalifornia workers' compensation lawcumulative industrial injuryprofessional football player
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
Case No. ADJ916063
Regular
Dec 24, 2010

TERRY SCUDDER vs. VERIZON CALIFORNIA, INC., SEDGWICK CMS

This case involves a petition for reconsideration filed by defendant Verizon California, Inc. The Workers' Compensation Appeals Board (WCAB) granted the petition. This action was taken due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications related to this matter should be directed to the WCAB's Office of the Commissioners.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOPINION AND ORDERVERIZON CALIFORNIASEDGWICK CMSSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATION
References
Case No. ADJ7489641
Regular
Sep 26, 2013

BRIAN SIKES vs. AAA QUALITY SERVICES

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by California Imaging Solutions, upholding the dismissal of their lien claim. The lien was dismissed because the claimant failed to appear at a lien conference and present proof of activation fee payment, a requirement under Labor Code §4903.06(a)(4). The WCAB also noted the petition was invalid due to an unidentified author, thus failing to meet verification requirements. California Imaging Solutions' arguments regarding compliance with the statute, culpability, due process, and the fifteen-day timeframe were rejected.

Petition for ReconsiderationPetitionReconsiderationWCABBrian SikesAAA Quality ServicesADJ7489641Order Denying PetitionCalifornia Imaging Solutionslien claim
References
Case No. ADJ2681583 (MON 0239411)
Regular
May 01, 2012

GUILLERMINA GONZALEZ vs. SOUTHERN CALIFORNIA JOBBERS, CALIFORNIA INSURANCE GUARANTEE (CIGA) by BROADSPIRE, for CALIFORNIA COMPENSATION INSURANCE, in liquidation

In *Gonzalez v. Southern California Jobbers*, the Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision. The Board rescinded the prior decision and returned the matter to the trial level for further proceedings and a new decision. This order signifies the matter is not yet finalized on its merits.

Reconsideration OrderRescindedFurther ProceedingsWorkers' Compensation Appeals BoardWCJCalifornia Insurance Guarantee AssociationCIGABroadspireLiquidationSouthern California Jobbers
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
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