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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. ADJ1053269
Regular
May 05, 2010

Leroy Berry vs. Bay City Electric, Inc., Zenith Insurance Company

This case involves an applicant who injured his back, neck, knee, and arm while working. The applicant filed a Petition for Employer's Serious and Willful Misconduct which was not properly filed with the Board. The applicant’s Petition for Reconsideration is dismissed because there is no evidence the petition was ever received by the Board. The Board adopted the judge's report, finding the petition was not filed and thus could not be acted upon.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeSerious and Willful MisconductEmployer LiabilityJurisdictionTimelinessUntimely FilingNon-FilingRecord of Case
References
Case No. ADJ9943129, ADJ9943127, ADJ10338826
Regular
Dec 22, 2015

LUISA CORTES vs. LUCY'S MEXICAN RESTAURANT, AMGUARD INSURANCE CO, GUARD INSURANCE

This case concerns a Petition for Reconsideration filed by the defendants, Lucy's Mexican Restaurant and its insurers. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely filed. The WCAB clarified that a petition must be received by the Board within the statutory 25-day period, not merely mailed. Since the petition was filed three days after the deadline, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimely filingLabor CodeCalifornia Code of RegulationsJurisdictional time limitWCJJoint Findings of Fact and OrderMailing dateFiling dateDismissal
References
Case No. ADJ1600976 (OAK 0345394) ADJ1359107 (OAK 0345395)
Regular
May 03, 2016

ELAINE JACKSON vs. COMCAST CORPORATION

This case involves a petition for removal filed by Comcast Corporation. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB found that the petition was filed more than 25 days after the WCJ's decision was served, exceeding the statutory deadline for filing such a petition. Even if it had been timely, the WCAB would have denied it on the merits based on the WCJ's report.

Petition for RemovalTimelinessWCAB Rule 10843(a)WCJ DecisionService by MailPetition FilingWCAB Rule 10507(a)(1)WCAB Rule 10508Mailing vs. FilingWCAB Rule 10845(a)
References
Case No. ADJ195920 (FRE 0239875) ADJ8378632
Regular
Apr 15, 2015

Darrell Coufal vs. Osmse, Ace America

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal regarding the WCJ's February 2, 2015 decision. The WCAB affirmed the original decision but amended it to allow Ms. Cheryl Jolley Smith the opportunity to reconstruct the file electronically. If electronic reconstruction is not possible, she is ordered to subpoena the records at her own expense. This order ensures the integrity and accessibility of the case file.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJ's reportreconstruct the filesubpoenaing recordsexpenseelectronic reconstructioncase fileapplicant
References
Case No. ADJ3180407 (LAO 0785803)
Regular
Nov 10, 2008

Carl Brewer vs. CAPITAL REPROGRAPHICS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for VILLANOVA INSURANCE, In Liquidation

This case concerns CIGA's petition for reconsideration of a WCJ's award of penalties for various payment failures, including attorney fees, home health care, and a case management nurse. CIGA argues these penalties are not "covered claims" under its statutory exemption. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case to the trial level due to a missing case file.

CIGAVillanova InsurancePenaltiesAttorneys FeesHome Health CareGuardian Ad LitemCase Management NurseInsurance Code Section 1063.1(c)(8)Covered ClaimsReconsideration
References
Case No. ADJ2585481 (SAL 0078232)
Regular
Apr 21, 2040

Robert James vs. FERMA CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves applicant Robert James seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) award. The original award found James sustained a permanent spinal injury causing total disability and requiring further medical treatment, and it also awarded attorney fees. James argued the attorney fee percentage was unauthorized and the disability payment rate was too low. However, the WCAB dismissed the petition for reconsideration as untimely. The petition was filed nearly ten years after the original award, far exceeding the jurisdictional 20-day filing deadline.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjurySpine InjuryPermanent DisabilityAttorney FeesLabor Code Section 5903Untimely FilingJurisdictional Time Limit
References
Case No. ADJ9963963
Regular
Feb 06, 2018

Michelle Canedo vs. McDonald's, Broadspire

This case involves Michelle Canedo's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed Canedo's petition because it was filed untimely. California law requires petitions for reconsideration to be *received* by the WCAB within 25 days of service by mail, with extensions for weekends or holidays. Canedo's petition, filed on December 14, 2017, was after the December 8, 2017 deadline, rendering it jurisdictionally invalid.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ OrderDismissalJurisdictional Time LimitService by MailLast Day for FilingProof of MailingMaranian v. Workers' Comp. Appeals Bd.
References
Case No. ADJ12634746
Regular
Nov 07, 2025

BLANCA ARRIOLA vs. OAK VALLEY HOSPITAL DISTRICT, BETA HEALTHCARE GROUP

The applicant, Blanca Arriola, filed a pro per Petition for Reconsideration on August 25, 2025, challenging a decision from June 20, 2025, despite being represented by counsel. The Workers' Compensation Appeals Board found the petition to be untimely, as it exceeded the 25-day statutory limit for filing. Consequently, the Board dismissed the petition due to lack of jurisdiction. The decision also clarified recent amendments to Labor Code section 5909 concerning the Appeals Board's 60-day action period and notification requirements for case transmission.

Petition for ReconsiderationPro Per FilingUntimely PetitionLabor Code § 5909Appeals BoardTransmission of CaseElectronic Adjudication Management System (EAMS)Case EventsProof of ServiceReport
References
Case No. ADJ1049634
Regular
Jul 24, 2013

WOLFGANG PUSBACK vs. HEWLETT PACKARD, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant's Petition for Removal as untimely. The petition sought to reverse an order denying a change of venue from San Jose to Santa Rosa, but it was filed nearly six months after the original order. The WCAB noted that while venue petitions require specific justification, the applicant's filing deadline had long passed. The Board also requested the defense provide case documentation due to the destruction of the physical file.

Petition for RemovalChange of VenueUntimely FilingWCAB Rule 10843Labor Code section 5501.6Order Denying MotionFuture Medical TreatmentDestroyed FileEAMSFindings and Award
References
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