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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. 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. ADJ6918185
Regular
Jan 07, 2017

LORRAINE ROBBINS vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, AAA AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, SEDGWICK

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration due to multiple procedural defects. Specifically, the petition was deemed skeletal, unverified, and lacked proof of service on adverse parties, all of which are required by Labor Code section 5902 and relevant Appeals Board Rules. The applicant was also provided notice of the lack of verification but failed to cure the defect. Consequently, the petition was dismissed, and subsequent filings were rejected.

Petition for ReconsiderationDismissalSkeletal PetitionUnverified PetitionProof of ServiceLabor Code § 5902Appeals Board RulesWCJ ReportTimelinessVerification Defect
References
Case No. ADJ2444225 (GRO 0016225) ADJ811699 (GRO 0016226) ADJ4137711 (GRO 0016352)
Regular
Aug 04, 2009

DWIGHT SMITH vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, legally uninsured, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, adjusting agency

This case involves a California Supreme Court decision that reversed an award of attorney's fees to the applicant's counsel. The Court found that Labor Code section 4607 did not authorize such fees, overturning previous decisions by the WCJ and the Appeals Board. Consequently, the Appeals Board reinstated its original order denying reconsideration and attorney's fees.

Workers' Compensation Appeals BoardRemittiturAttorney's feesLabor Code section 4607ReconsiderationDenying ReconsiderationCalifornia Supreme CourtCourt of AppealLegally uninsuredAdjusting agency
References
Case No. ADJ 3782237
Regular
Sep 04, 2008

PAUL GARCIA vs. SAN FRANCISCO BAY AREA RAPID TRANSIT, INC.

The court awarded applicant's counsel $114.29 in appellate costs, rejecting defendant's objection based on a late-filed answer. The decision is based on California Rules of Court, rule 26(c) and Johnson v. Workers' Comp. Appeals Bd.

WORKERS' COMPENSATION APPEALS BOARDLabor Code § 5811Petition for Writ of ReviewAppellate CostsApplicant's CounselDefendant's ObjectionCalifornia Rules of Courtrule 26(c)reproduction of briefsJohnson v. Workers' Comp. Appeals Bd.
References
Case No. ADJ9997985, ADJ9997986, ADJ10037755
Regular
Apr 10, 2017

DAVID LIVINGSTON vs. SOUTHEAST PERSONNEL LEASING, INC.;, PACKARD CLAIMS ADMINISTRATION;, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by the defendant. The WCAB found the petition was untimely because it was filed one day after the 20-day deadline for removal following personal service. This deadline is jurisdictional, and the WCAB cannot consider petitions filed outside this timeframe. Therefore, the petition was dismissed with no request for supplemental pleading granted.

Petition for RemovalUntimely FilingPersonal ServiceWCJ DecisionAppeals Board RuleJurisdictional Time LimitSupplemental PleadingWCAB Rule 10848WCAB Rule 10843WCAB Rule 10507
References
Case No. ADJ8937901
Regular
Mar 03, 2016

SANDRA DELAO vs. MARTIN TRANSPORTATION, LTD., CANNON COCHRAN

The Workers' Compensation Appeals Board dismissed Sandra Delao's petition for reconsideration because it was untimely filed. The petition was filed over 25 days after the WCJ's December 10, 2015 decision, exceeding the statutory filing deadline. Additionally, the petition was not verified and was not served on applicant's attorney or defendant's attorney, providing further grounds for dismissal. Therefore, the Board had no jurisdiction to consider the petition's merits.

Petition for ReconsiderationTimelinessJurisdictionalVerificationServiceLabor Code Section 5902Labor Code Section 5903Rule 10507Rule 10508Rule 10845
References
Case No. ADJ6535347, ADJ6534384
Regular
Nov 02, 2015

CHRISTINE KNAPP vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The applicant sought to overturn findings of $53\%$ permanent disability and disputed the exclusion of vocational expert reports and a claim of $100\%$ disability. The Board found the petition contained numerous factual misrepresentations and violations of WCAB rules and professional conduct by the applicant's attorney. The Board adopted the WCJ's report, which recommended denial due to the petition's legal defects and factual inaccuracies.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardOccupational Group NumberIndustrial InjuryRight ShoulderMigraine HeadachesPermanent DisabilityAgreed Medical ExaminerQualified Medical Examiner
References
Case No. ADJ9267687
Regular
Apr 02, 2019

NORMA DE JESUS ZARAGOZA vs. FRANCHISE INVESTMENT CORPORATION dba ROUND TABLE PIZZA and TRUCK INSURANCE EXCHANGE/FARMERS INSURANCE GROUP, EMPLOYERS COMPENSATION INSURANCE GROUP

The Workers' Compensation Appeals Board imposed a $500 sanction against applicant's attorney, Peter T. Nguyen, and his law firm. This sanction arose from attaching over 325 pages of exhibits, many not in evidence, to a petition, violating WCAB rules regarding page limits and proper exhibit submission. The attorney's claim of inexperience was rejected, as attorneys are responsible for knowing and adhering to procedural rules, and zealous advocacy does not excuse rule violations. The Board also noted the attorney's failure to adequately cite the trial record in support of his petition.

WCABRemovalSanctionsLabor Code section 5813WCAB Rule 10561WCAB Rule 10842WCAB Rule 10845WCAB Rule 10856Petition for ReconsiderationExhibits
References
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