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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. FRE 0191303
Regular
Nov 27, 2007

NORMA OZUNA vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board (WCAB) rescinded a finding that the defendant was not responsible for the costs of the applicant's vocational expert. The WCAB remanded the case to the trial level for further analysis, instructing the judge to consider the factors outlined in *Costa v. Hardy Diagnostic* regarding the reasonableness and necessity of expert costs. The decision does not comment on the merits of whether the costs are ultimately reimbursable.

Vocational expert costsLabor Code section 5811Costa v. Hardy DiagnosticPermanent Disability Rating ScheduleAppeals Board en banccumulative traumaHepatitis Ccorrectional officeragreed medical evaluatorfindings of fact and award
References
Case No. ADJ7852362
Regular
May 21, 2018

JOSEPH HARRIS vs. VISITACION VALLEY COMMUNITY CENTER, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinded the WCJ's Minute Order, and returned the case to the trial level. The WCJ had taken the matter off calendar and "inferentially dismissed" the lien claim, reasoning it was dismissed when the underlying case was dismissed. The Board found the lien claimant's petition for reconsideration timely and determined that the dismissal of the case-in-chief does not automatically dismiss a properly filed lien claim. Therefore, the lien claimant was denied due process and a fair hearing, and the lien claim remains viable.

Petition for RemovalMinute OrderInferentially DismissedCase-in-ChiefLien ClaimantPetition for ReconsiderationFinal OrderThreshold IssueStatute of LimitationsWCAB Rule 10582.5
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7948406
Regular
May 25, 2012

Edwin Mendoza vs. AUTO HAND-WASH

The Appeals Board granted the applicant's petition for removal, ordering that the Labor Code section 132a claim be bifurcated from the main workers' compensation case. The Board found significant prejudice would result from hearing the recently filed 132a claim, which lacked completed discovery, alongside the case in chief. This decision corrects the WCJ's order that would have improperly consolidated these issues. The 132a claim, alleging discriminatory termination, will now be heard separately.

Workers' Compensation Appeals BoardRemovalMandatory Settlement ConferenceLabor Code section 132aPetition for Increased BenefitsCase in ChiefDeclaration of Readiness to ProceedDiscoveryPrejudiceCumulative Trauma Injury
References
Case No. ADJ2813255 (STK 0210632)
Regular
Nov 08, 2011

JONA DUNCAN vs. J.M. KECKLER MEDICAL COMPANY INC, REDWOOD FIRE AND CASUALTY, BERKSHIRE HATHAWAY (ENDURANCE INSURANCE)

This case involves a workers' compensation claim for cumulative trauma injury to the lower back and right leg. The applicant, Jona Duncan, claims injury while employed by J.M. Keckler Medical Company, Inc. The insurer, Redwood Fire and Casualty, filed a petition for removal, arguing that the issuance of an arbitrator panel by the WCJ would prematurely cut off discovery. The WCAB denied removal, finding the petition premature and lacking a showing of significant prejudice or irreparable harm. The Board adopted the WCJ's report, which stated that Redwood's fears of lost discovery were unsubstantiated and that Endurance had indicated contribution proceedings would only commence after the case-in-chief was resolved.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeMandatory ArbitrationCumulative TraumaInsurerContribution ProceedingsCase-in-ChiefDiscovery RightsPrejudice
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. ADJ13806639
Regular
Oct 06, 2025

PATRICIA OROZCO vs. CENTRAL CALIFORNIA CHILD DEVELOPMENT SERVICES, PROCENTURY INSURANCE COMPANY

Lien claimant Kenneth R. Mackie, applicant's former attorney, sought reconsideration of an order that reimbursed him for vocational expert evaluation costs but deferred penalties. The Appeals Board granted the petition for reconsideration, finding that Labor Code section 4622(a) was not applicable to the lien claimant. The Board affirmed the WCJ's amended order, but further amended it to defer both interest and penalties until the end of the case in chief.

Petition for ReconsiderationLien ClaimantVocational ExpertReimbursement of CostsPenaltiesInterestLabor Code Section 4622StandingDeferred IssuesDue Process
References
Case No. ADJ8018559
Regular
May 20, 2013

LEIGH RICE vs. REIMERS GIFTS CANDIES, STATE FARM CALIFORNIA WORKERS' COMPENSATION CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to Med-Legal LLC (Petitioner), a lien claimant. The WCAB rescinded an order dismissing Petitioner's lien, finding that Petitioner was denied due process. Specifically, the WCAB determined that the record did not establish that Petitioner received adequate notice that its lien would be adjudicated at the trial for the case-in-chief. The matter was returned to the trial level for further proceedings to properly develop the record and ensure appropriate notice.

ReconsiderationLien DismissalNotice of Intention to Dismiss LienDue ProcessCase-in-ChiefLack of ProsecutionFailure to AppearMandatory Settlement ConferenceDeclaration of Readiness to ProceedWCJ
References
Case No. ADJ2987188 (LBO 0277672) ADJ6543172
Regular
Sep 15, 2015

LUPE CHAVEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

This order denies Lupe Chavez's Petition for Reconsideration in her workers' compensation case against the County of Los Angeles and Tristar Risk Management. The Workers' Compensation Appeals Board adopted the reasoning of the workers' compensation administrative law judge's report. Therefore, the denial of reconsideration stands.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying ReconsiderationCounty of Los AngelesTristar Risk ManagementCase Number ADJ2987188Case Number ADJ6543172San FranciscoCalifornia
References
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