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Case No. ADJ10678864

Regular

Aug 08, 2025

ALEX CASTILLO MASIS vs. EAST BAY FOODS INC, EMPLOYERS ASSURANCE SAN FRANCISCO

The Workers' Compensation Appeals Board reviewed a Petition for Disqualification filed against a Workers' Compensation administrative law judge (WCJ). The petition alleged grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641, citing an unqualified opinion or bias. Upon review of the record and the WCJ's report, the Board found the petition lacked sufficient factual allegations, declared under penalty of perjury, to establish disqualification. Although the WCJ suggested sanctions for false statements by applicant's attorney, the Board declined to impose them but admonished the attorney for not being candid and truthful. Therefore, the Petition for Disqualification was denied.

Petition for DisqualificationLabor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10960Judicial BiasPrejudgmentWCJ ReportSanctionsRule 10421False Declarations

References

Case No. ADJ3802051 (STK 0172590)

Regular

Mar 23, 2015

RHONDA THOMPSON LEE vs. SAVEMART SUPERMARKETS, PEGASUS RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration and denied the defendant's petition. The WCAB amended the original award to extend temporary disability benefits for the applicant through May 12, 2011, establishing this as the new permanent and stationary date. This decision means the defendant is not entitled to credit for temporary disability paid after September 16, 2008, against permanent disability benefits. The original award's credit for temporary disability paid from January 22, 2005, through February 25, 2005, remains.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary DisabilityPermanent and Stationary DateIndustrial InjuryTemporary Total DisabilityAgreed Medical EvaluatorLabor Code Section 5313Medical TreatmentSurgical Candidate

References

Case No. FRE 0219842

Regular

Mar 11, 2008

ELBEY LONERO vs. MERCED TRANSPORTATION, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reversed an administrative law judge's decision regarding the applicant's temporary disability end date, finding it should be March 24, 2005, based on an agreed medical evaluator's opinion. The WCAB affirmed the use of the 1997 Permanent Disability Rating Schedule, finding that a treating physician's pre-2005 report indicated permanent disability. Finally, despite the adjusted temporary disability period, the defendant was denied credit for overpayments, as the applicant acted in good faith and the payments were continued after receiving the AME's report.

WORKERS' COMPENSATION APPEALS BOARDELBEY LONEROMERCED TRANSPORTATIONINC.STATE COMPENSATION INSURANCE FUNDCase No. FRE 0219842OPINION AND DECISION AFTER RECONSIDERATIONbus driverindustrial injurylow back

References

Case No. FRE 236537

Regular

Jul 25, 2007

CLOUDY LORAN-GRANT vs. JIM CRAWFORD CONSTRUCTION COMPANY, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant's right knee injury AOE/COE. The Board adopted the judge's report, which found the applicant's testimony credible and noted inconsistencies in defense witnesses' statements. The judge concluded that while medical evidence was not conclusive, the applicant's candid and honest presentation, coupled with contradictory defense testimony, supported the finding of industrial injury.

AOE/COEReconsideration DeniedWorkers' Compensation Appeals BoardJudge's ReportCredibility FindingPreponderance of EvidenceInjury OnsetMedical EvidenceDefense Witnesses InconsistenciesApplicant Credibility

References

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ALEX CASTILLO MASIS vs. EAST BAY FOODS INC, EMPLOYERS ASSURANCE SAN FRANCISCO

Petition for DisqualificationLabor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10960Judicial BiasPrejudgmentWCJ ReportSanctionsRule 10421False Declarations

RHONDA THOMPSON LEE vs. SAVEMART SUPERMARKETS, PEGASUS RISK MANAGEMENT

ELBEY LONERO vs. MERCED TRANSPORTATION, INC., STATE COMPENSATION INSURANCE FUND

CLOUDY LORAN-GRANT vs. JIM CRAWFORD CONSTRUCTION COMPANY, INC., ZURICH AMERICAN INSURANCE COMPANY