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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. ADJ441028, ADJ1016830, ADJ8012703
Regular
Aug 11, 2015

STANLEY THOMAS vs. L3 COMMUNICATIONS, ACE USA PROPERTY & CASUALTY, ESIS, INC.

Defendant sought removal of an order setting two consolidated cases (ADJ1016830 and ADJ8012703) for trial before a different judge, arguing applicant waived the right to automatic reassignment by not challenging the original judge in a previously adjudicated case (ADJ441028). The WCAB dismissed the petition as to the adjudicated case, finding it not consolidated with the others. Regarding the consolidated cases, the Board denied the petition, affirming applicant's timely exercise of the right to automatic reassignment. The WCAB adopted the WCJ's reasoning that no grounds for removal were established, as the applicant had a right to reassignment and the defendants suffered no prejudice.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentWCJ ChallengeConsolidated CasesJudge ShoppingVenue TransferAdministrative Law JudgePresiding JudgeMinutes of Hearing
References
Case No. ADJ7349833
Regular
Jun 10, 2014

JOSE MARCOS, (JOSE MENDOZA) vs. VIP SEAFOOD AND POULTRY MARKET, STAR INSURANCE COMPANY, Administered By ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board (WCAB) rescinded a dismissal order, finding the applicant was denied due process. The applicant's current attorneys were not properly served with notice of the intention to dismiss or given an opportunity to be heard. The WCAB noted the applicant had actively pursued his case, including filing an amended application and attending a deposition. Therefore, the case was not dismissed for lack of prosecution.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseAmended Application for Adjudication of ClaimLaw Offices of Kenneth ForbesHinden & BreslavskyElectronic Adjudication Management System (EAMS)Petition for DismissalNotice of Intention to Dismiss Caselack of prosecution
References
Case No. ADJ18890787; ADJ10622598; ADJ10936287; ADJ11180688
Regular
Apr 01, 2025

Kevin Perry vs. Asset Protection and Security Services L.P., Insurance Company of the State of PA

The applicant, Kevin Perry, sought reconsideration of a prior Order Dismissing Case with Prejudice, which was based on the doctrine of res judicata. The Workers' Compensation Appeals Board (WCAB) acknowledged that the petition was timely filed within the 60-day statutory period. However, due to the absence of a complete evidentiary record from the lower tribunal, the WCAB was unable to adequately review the applicant's contentions. Consequently, the Petition for Reconsideration was dismissed as premature, and the matter was returned to the Presiding Workers' Compensation Judge (PWCJ) with a recommendation to treat the original petition as one to set aside the initial Order Dismissing, allowing for further proceedings and a new decision that can then be subject to reconsideration.

Res judicataVexatious litigantPetition for reconsiderationOrder dismissing case with prejudiceLabor Code section 5909Cumulative traumaAsset Protection and Security ServicesGallagher Bassett ServicesAIG ClaimsApplication for Adjudication of Claim
References
Case No. ADJ9 994758
Regular
Mar 07, 2016

CHRISTOPHER LOMANTO vs. COUNTY OF SONOMA\/SHERIFF'S DEPARTMENT

In this Workers' Compensation Appeals Board case, the defendant sought removal of an order that had taken the case off the calendar despite defendant's objection. The defendant argued the applicant's claim was barred by the statute of limitations, which should be decided before further discovery. The Board granted the defendant's petition for removal, finding merit in their argument. Consequently, the prior order was rescinded, and the case was returned to the trial level for adjudication of the statute of limitations issue.

Workers' Compensation Appeals BoardRemovalStatute of LimitationsDenial of ClaimAdjudicateDiscoveryPetition for RemovalOrder Taking Case off CalendarRescindedTrial Level
References
Case No. ADJ7670126; ADJ7670124; ADJ8134230; ADJ8134232
Regular
May 24, 2012

WANDA MCNAIR vs. CITY OF INGLEWOOD

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, reversing a prior order that had taken the case off calendar. The Board found that the defendant had not acted with due diligence in preparing its case, and the applicant argued this would cause unreasonable delay in adjudicating her benefits. The Board adopted the WCJ's recommendation to return the matters to the trial level due to unresolved factual issues. The case is now scheduled for a status conference to determine necessary further proceedings.

Petition for RemovalOff Calendar OrderDue DiligenceUnreasonable DelayAdjudicate EntitlementProcedural HistoryUnresolved Factual IssuesTrial LevelStatus ConferenceRescind Order
References
Case No. ADJ8588344
En Banc
Oct 26, 2017

Jose Guillermina Rodriguez vs. Garden Plating Co., Intercare Holdings Insurance Services

The Appeals Board consolidated over 1,200 Petitions for Reconsideration from lien claimants regarding a filing deadline. The petitions were dismissed as moot because the challenged administrative action was reversed, and the issue of timeliness was returned to the trial level for case-by-case adjudication.

WCABEn Banc DecisionLien ClaimantsPetitions for ReconsiderationLabor Code 4903.05(c)DeclarationTimelinessMootnessConsolidation of CasesMaster Case
References
Case No. ADJ9070475
Regular
Dec 15, 2017

CARTO GROZCO vs. SUNSET MASONRY & CONCRETE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for TOWER CASTLEPOINT INSURANCE

Radiology Disc of Encino's petition for reconsideration is dismissed because it was not filed from a final order. The Appeals Board grants removal, rescinds the previous order, and returns the case to the trial level. This allows Radiology Disc an opportunity to argue its jurisdiction and present evidence regarding its medical-legal services. The WCJ should have adjudicated jurisdiction rather than taking the case off calendar.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOff-Calendar OrderFinal OrderSubstantive RightInterlocutory OrderMedical-Legal Expense DisputeWCJRemoval Granted
References
Case No. ADJ7628650
Regular
Dec 18, 2015

JESUS CASTANON vs. INTERNATIONAL PAPER COMPANY

This case concerns lien claimants' right to have their claims adjudicated after the underlying workers' compensation case was dismissed without prejudice. The Workers' Compensation Appeals Board (WCAB) initially ruled it lacked jurisdiction to hear the liens, reasoning that the claimants did not seek reconsideration of the dismissal. However, on reconsideration, the WCAB found it retains jurisdiction over liens even after the main claim is dismissed without prejudice. The Board rescinded its prior order, finding jurisdiction, and returned the matter for further lien proceedings.

Workers' Compensation Appeals BoardLien claimantsJurisdictionDismissal without prejudiceProcedural due processPetition for reconsiderationCase-in-chiefLien disputesApplicantDefendant
References
Case No. OAK 0325086
Regular
Sep 11, 2007

KENNETH GMEINER vs. CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as premature, but granted removal to address the judge's improper deferral of a permanent disability decision. The judge had vacated submission, citing uncertainty about the validity of the 2005 Permanent Disability Rating Schedule (PDRS) based on a pending case. The Board ruled that deferring a decision on permanent disability due to an unresolved legal issue concerning the PDRS's validity prejudiced the parties and violated the mandate for expeditious adjudication.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and Order Vacating SubmissionPermanent Disability Rating ScheduleSB 899Boughner v. CompUSAInc.Costa v. HardyAdministrative Director
References
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