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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
Case No. ADJ2140586
Regular
Sep 01, 2009

ARMANDO AVILA-GONZALEZ vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board reversed a WCJ's decision to reopen a case, finding no "good cause" based on a purported change in law. The WCJ had relied on the *Vera* case to apply an older disability rating schedule, but subsequent appellate decisions created a conflict, not a definitive change, in the law. The Board determined *Vera* remained citable and that the evidence did not support reopening or a finding of permanent disability. Therefore, the applicant's petition to reopen was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenGood CauseChange in LawVera v. WCABPermanent Disability Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusMedical Reports
References
Case No. ADJ6690678
Regular
May 24, 2012

PEDRO RAMIREZ vs. PCL CONSTRUCTION, RISK ENTERPRISE MANAGEMENT

In **Ramirez v. PCL Construction**, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge, finding no basis to grant the removal. Notably, the WCAB clarified that the California Insurance Guarantee Association (CIGA) is not involved, and therefore, a reference to "other insurance" in the judge's report was disregarded. The decision effectively upholds the status quo of the case as determined by the administrative law judge.

Workers' Compensation Appeals BoardPetition for RemovalWCJ ReportDenying RemovalCalifornia Insurance Guarantee AssociationCIGAOther InsuranceAdministrative Law JudgeLabor LawIndustrial Accident
References
Case No. ADJ9230683
Regular
Jul 07, 2014

JOSE GARCIA, Jorge Garcia, JORGE LUIS GARCIA vs. RAMTEX INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY, RAMTEX INCORPORATED, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a Petition for Removal filed by applicant Jose Garcia challenging an administrative law judge's discovery rulings. The applicant sought specific documents, including witness statements and employee handbooks, which the defendant claimed did not exist. The judge ordered the production of the personnel file but denied the request for other documents, finding the defendant's representations credible and applicant's discovery requests lacking due diligence. The Workers' Compensation Appeals Board denied the Petition for Removal, adopting the judge's reasoning that the petition was untimely and that no prejudice or irreparable harm resulted from the discovery rulings.

Petition for RemovalWorkers' Compensation Appeals BoardRamtex Inc.Employers Compensation Insurance CompanyADJ9230683Administrative Law JudgeReport of Workers' Compensation Administrative Law JudgeVerified AnswerGood Faith InvestigationDeposition of Applicant
References
Case No. ADJ9586764, ADJ10425110
Regular
Sep 19, 2016

JOE TORRES vs. CITY OF LOMPOC

The Appeals Board granted the applicant's petition for removal, overturning a previous order that consolidated two workers' compensation cases in San Luis Obispo. The Board found that venue should be proper in Santa Barbara, where the applicant resides, the employer is located, and the injuries occurred. As the Santa Barbara office was available and the applicant initially sought that venue, the Board ordered the cases transferred and consolidated there. This decision prioritizes the statutory venue requirements over the administrative law judge's recommendation for judicial economy.

Petition for RemovalChange of VenueConsolidationWorkers' Compensation Appeals BoardLabor Code Section 5501.5Labor Code Section 5501.6Applicant's ResidenceInjury LocationSanta Barbara District OfficeSan Luis Obispo District Office
References
Case No. ADJ10035604; ADJ10036839
Regular
Jun 01, 2016

ERIC VOLK vs. LITTLE COMPANY OF MARY HOSPITAL, SEDGWICK CMS

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied the applicant's petition for removal, upholding the Administrative Law Judge's (ALJ) prior order. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The applicant also failed to serve a crucial party, Dr. Glaser, with the petition, violating due process. Furthermore, the applicant's claim of an absolute right to be present at a deposition was not supported by statutory law, which allows for protective orders to prevent annoyance or oppression.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationDue ProcessProtective OrdersDepositionPsychiatric QMEMedical Reports
References
Case No. ADJ9160815
Regular
Jun 10, 2014

ALMA CEDILLO vs. CEDARS SINAI MEDICAL CENTER, TRISTAR RISK MANAGEMENT

This case involves an applicant, Alma Cedillo, seeking workers' compensation benefits from Cedars Sinai Medical Center and Tristar Risk Management. The Workers' Compensation Appeals Board (WCAB) issued an order denying a Petition for Removal filed in the case. The WCAB adopted the reasoning of the workers' compensation administrative law judge (WCJ) in reaching its decision to deny removal. Therefore, the applicant's request to remove the case from the current process was rejected.

Petition for RemovalWorkers' Compensation Appeals BoardCedars Sinai Medical CenterTristar Risk ManagementAdministrative Law JudgeADJ9160815Van Nuys District OfficeAlma Cedillodenying removalworkers' compensation
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
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