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

Case No. ADJ8899793
Regular
Jul 01, 2015

CARLOS IVAN RODAS (DECEASED), AMANDA GUERRA & CARLOS ILDEFONSO vs. PORCINI, INCORPORATED dba GUIDO'S RESTAURANT; TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding the deceased worker, Carlos Ivan Rodas, and his dependents. The defendant, Porcini, Inc. dba Guido's Restaurant, sought this reconsideration. The WCAB determined that further study of the factual and legal issues is necessary to ensure a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners in San Francisco, not to district offices or through the EAMS system.

Workers' Compensation Appeals BoardReconsideration GrantedPetition for ReconsiderationCarlos Ivan Rodas (Deceased)Amanda GuerraCarlos IldefonsoPorciniIncorporated dba Guido's RestaurantTruck Insurance ExchangeADJ8899793
References
Case No. ADJ4700525 (MON 0327585) ADJ3003071 (MON 0330719)
Regular
Aug 26, 2014

CARLOS FUENTES vs. WORLD VARIETY PRODUCE, PACIFIC COMPENSATION INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a prior WCAB decision. The Board granted reconsideration to allow for further study of the factual and legal issues. This action is deemed necessary for a complete understanding of the record and to issue a just decision. Further proceedings will be determined as appropriate, and all future filings must be submitted directly to the WCAB Commissioners' office.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemWCABADJ4700525ADJ3003071World Variety ProducePacific Compensation Insurance CompanyCarlos Fuentes
References
Case No. ADJ2065472
Regular
Aug 15, 2013

CARLOS DURAN vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in *Carlos Duran v. Ralphs Grocery Company*. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings and a new decision. This action means the prior decision is no longer in effect and the case will be reheard by the WCJ. The parties retain their rights to seek further reconsideration of any new decision.

WCABReconsiderationRescindedReturned to Trial LevelFurther ProceedingsWCJ DecisionAdministrative Law JudgeRalphs Grocery CompanySedgwickCarlos Duran
References
Case No. ADJ1129507
Regular
May 23, 2013

CARLOS LEDESMA vs. CALIFORNIA FURNITURE SUPPLY COMPANY, ZENITH INSURANCE COMPANY

This case involves a petition for reconsideration filed by applicant Carlos Ledesma against California Furniture Supply Company and Zenith Insurance Company. The Workers' Compensation Appeals Board has reviewed the petition and the administrative law judge's report. The Board has adopted the judge's recommendation and ordered the dismissal of the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReport and RecommendationDismissalCarlos LedesmaCalifornia Furniture Supply CompanyZenith Insurance CompanyADJ1129507LBO 0384640
References
Case No. ADJ1 0127152
Regular
Jun 26, 2017

ROBERT CARLOS vs. GENESIS LOGISTICS INC., NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied applicant Robert Carlos's Petition for Removal. Carlos sought to rescind an order that took his case off calendar pending a supplemental report from an orthopedic QME and requested a rheumatology QME panel or a hearing. The WCAB adopted the Workers' Compensation Judge's report, finding that Carlos failed to demonstrate substantial prejudice or irreparable harm required for removal. Consequently, the WCAB affirmed the order and denied the petition.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalWCJQualified Medical EvaluatorQME panelorthopedicrheumatologytaken off calendarsupplemental reportdiscretionary power
References
Case No. ADJ 1436137
Regular
Sep 04, 2008

Carlos Lopez vs. Target Corporation

Reconsideration granted; prior award rescinded due to incorrect application of the 1997 Schedule instead of the 2005 Schedule for determining permanent disability.

Workers' Compensation Appeals BoardCarlos LopezTarget CorporationADJ 1436137VNO 0468258ReconsiderationFindings and AwardWCJ1997 Schedule2005 Schedule
References
Case No. ADJ4280040 (VNO 0557524)
Regular
Jun 09, 2010

CARLOS GUZMAN vs. BARRETT BUSINESS SERVICES, INC.

This case involves a supplemental attorney's fee award for applicant's counsel. The Court of Appeal denied the defendant's petition for writ of review and remanded for attorney's fees and costs. While the applicant's attorney requested $2100 based on six hours at $350/hour, the Board awarded $1500 based on six hours at $250/hour, considering the attorney's recent admission to the bar and lack of specialization. Costs were not awarded as they were not requested.

Supplemental Attorney's FeesLabor Code §5801Petition for Writ of ReviewReasonable Attorney's FeesHourly RateState Bar AdmissionCertified SpecialistWorkers' Compensation Appeals BoardBarrett Business ServicesInc.
References
Case No. ADJ4370094
Regular
May 16, 2011

CARLOS MESONES vs. WINSTON TIRE COMPANY, ZURICH NORTH AMERICA

This case involves a petition for reconsideration filed by Winston Tire Company and Zurich North America that was dismissed by the Workers' Compensation Appeals Board. The dismissal was primarily due to the petition not being verified, violating Labor Code section 5902. Additionally, the Board noted that the petition's excessive length (30 pages) violated WCAB Rule 10232(a)(10) regarding page limits. The Board also indicated that, even if properly filed, the petition would have been denied on the merits based on the administrative law judge's report.

Petition for ReconsiderationDismissalVerificationLabor Code section 5902WCJ Report and RecommendationMeritsWCAB Rule 10232(a)(10)Page LimitWinston Tire CompanyZurich North America
References
Case No. ADJ10474797
Regular
Nov 13, 2017

Hernan Fuentes vs. STAFFMARK INVESTMENT, LLC, ACE AMERICAN INSURANCE COMPANY, CANNON COCHRAN

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Order, and returned the case for further medical record development. The Board found the Qualified Medical Evaluator's (QME) report lacked substantial evidence due to the physician's apparent misunderstanding of workers' compensation principles and conflicting dates of maximum medical improvement. The applicant's primary treating physician's reports were also insufficient as they did not address a significant MRI finding of a re-tear. Therefore, a new medical evaluation from an Agreed Medical Examiner or a WCJ-selected physician is required to determine the applicant's entitlement to temporary disability indemnity.

Workers' Compensation Appeals BoardHernan FuentesStaffmark Investment LLCACE AMERICAN INSURANCE COMPANYCannon CochranADJ10474797San BernardinoPetition for ReconsiderationTemporary Disability IndemnityPrimary Treating Physician
References
Case No. LAO 781390
Regular
Apr 21, 2008

CARLOS PORCAYO vs. AMERICAN WORK FORCE, INC., ATLANTIC MUTUAL INSURANCE COMPANY, RISK ENTERPRISES MANAGEMENT

The Appeals Board granted reconsideration to further develop the medical record regarding apportionment of the applicant's permanent disability. The prior decision relied on an apportionment opinion that lacked sufficient discussion and justification. The case is returned to the trial level for a new decision after the medical record is clarified.

Workers' Compensation Appeals BoardCarlos PorcayoAmerican Work ForceInc.Atlantic Mutual Insurance CompanyRisk Enterprises Managementpermanent disabilityapportionmentprior injuriesmedical reporting
References
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