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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8463132 ADJ8752512
Regular
2014-05-00

MARIA JIMENEZ vs. IHG RESOURCES, INC., ZURICH NORTH AMERICA

This case involves a petition for removal filed by applicant Maria Jimenez regarding the calendaring of hearings. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that the Division of Workers' Compensation (DWC) has discretion in providing office quarters and scheduling hearings based on budgetary and space limitations. The WCAB can calendar hearings at different offices due to resource constraints, even if venue is established elsewhere. Therefore, the petition for removal was denied as per the administrative law judge's report.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' Compensationbudgetary constraintsvenuesatellite officejudicial resourcesspace resourcesadministrative law judge reportdenying removal
References
Case No. ADJ3587886 (LAO 0857059)
Regular
Feb 03, 2012

JUAN ROSA vs. R.C. WENDT PAINTING, INC., STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Liz West Interpreting, represented by Collective Resources, concerning a decision from August 23, 2011. The Workers' Compensation Appeals Board (WCAB) has granted the petition. The WCAB deems reconsideration necessary to thoroughly review the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardLiz West InterpretingCollective Resourcesstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ3587886 (LAO 0857059)
Regular
Jul 05, 2012

JUAN ROSA vs. R.C. WENDT PAINTING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by lien claimant Liz West Interpreting regarding a $\$500.00$ sanction. The Workers' Compensation Appeals Board previously ordered sanctions against Liz West Interpreting and Collective Resources for sanctionable actions outlined in a Notice of Intention. The Board found that Liz West Interpreting is liable for the actions of its representative. Consequently, the petition for reconsideration is denied, upholding the original sanction order.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantJointly and SeverallyNotice of Intention to Impose SanctionsOpinion and OrderCollective ResourcesLiz West InterpretingR.C. Wendt Painting
References
Case No. ADJ9316584
Regular
May 12, 2014

FRANCISCO BAEZ vs. JOHN CRAVENS PLASTERING, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal, upholding the administrative law judge's decision. The WCAB clarified that "satellite offices," like the one in Santa Barbara, do not qualify as "district offices" for venue purposes under Labor Code Section 5501.5. This distinction is based on the greater resources and staffing available at full-fledged district offices, supported by administrative interpretation and practical necessity. The WCAB affirmed its authority to calendar hearings at various locations based on available resources, regardless of the applicant's preferred venue.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeSatellite OfficeVenueLabor CodeAdministrative ConstructionContemporaneous Administrative ConstructionJudicial Resources
References
Case No. ADJ1101592 (LBO 0316823) ADJ2164352 (LBO 0295581) ADJ3141628 (LBO 0343754)
Regular
Mar 28, 2017

ESTER LOANZON vs. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

This case involves lien claimant David Silver, M.D.'s petition for removal of an order taking his lien off calendar. The lien claimant argued prejudice and waste of resources due to the order. The Workers' Compensation Appeals Board denied the petition, adopting the Workers' Compensation Judge's recommendation. The judge reasoned that the expenditure of time and resources was caused by the petitioner's own failure to appear, not the Board or the defendant, and there was no prejudice as the claimant could refile to collect the lien.

Workers Compensation Appeals BoardPetition for RemovalOrder Taking Off CalendarLien ClaimantWCJPetition for ReconsiderationOrder Dismissing LienWCAB Rule 10859WCAB Rule 10848Supplemental Response
References
Case No. ADJ6880011
Regular
Dec 28, 2012

LUIS VASQUEZ vs. EMPIRE PERSONNEL, CLAIMQUEST, INC.

This case involves lien claimant Med-Legal, Inc. seeking reconsideration of a $750 sanction order. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the administrative law judge's finding. The sanctions were imposed due to Med-Legal's pattern of filing Declarations of Readiness to Proceed in multiple cases and then withdrawing them without explanation, thereby wasting judicial resources. The WCAB agreed that this conduct constituted false representation and was sanctionable, affirming the penalty in the Vasquez case.

Workers' Compensation Appeals BoardSanctionsLien ClaimantDeclaration of Readiness to ProceedReconsiderationWCJJudicial ResourcesFalse RepresentationPenalty of PerjuryGood Cause Response
References
Case No. ADJ9166662
Regular
Apr 04, 2014

EDITH BARRETT vs. PACIFICA GRADUATE INSTITUTE, TRAVELERS CASUALTY AND SURETY COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal. The WCAB affirmed the administrative law judge's report, which found no irreparable harm from rescheduling a conference to the Oxnard office due to space limitations at the Santa Barbara satellite office. The WCAB reiterated its authority to calendar hearings at different locations based on available resources and noted that CourtCall is available for remote appearances. The applicant's attorney failed to demonstrate significant prejudice or substantial harm resulting from the venue change.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationVenueDistrict OfficeHearing LocationBudgetary ConstraintsJudicial ResourcesSpace ResourcesCourtCall
References
Case No. ADJ1421024 (AHM 0105331) ADJ3172700 (AHM 0130888)
Regular

ALICIA URBANO vs. EMPLOYERS RESOURCE, LIBERTY MUTUAL INSURANCE COMPANY

This order denies Alicia Urbano's Petition for Reconsideration in her workers' compensation case against Employers Resource and Liberty Mutual Insurance Company. The Workers' Compensation Appeals Board (WCAB) adopted the findings and reasoning of the workers' compensation administrative law judge (WCJ). Therefore, the WCAB has concluded that reconsideration of its previous decision is not warranted. The petition for reconsideration is formally denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportDeny ReconsiderationADJ1421024ADJ3172700Alicia UrbanoEmployers ResourceLiberty Mutual Insurance CompanyAdministrative Law Judge
References
Case No. ADJ8777230
Regular
Jun 29, 2015

TIMETHY BLAKELEY vs. AIR RESOURCES BOARD, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration filed by the defendants, Air Resources Board and State Compensation Insurance Fund, following a Workers' Compensation Appeals Board (WCAB) decision that awarded benefits to Timothy Blakeley. The defendants argued the administrative law judge erred in determining Blakeley's psychiatric injury was not primarily caused by lawful personnel actions and that the causation threshold was misapplied. The WCAB denied the petition, adopting the WCJ's report which found the defendants failed to demonstrate the personnel actions were in good faith and that the applicant's injury was predominantly work-related. The WCAB gave significant weight to the WCJ's credibility determination of the applicant's testimony.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationLabor Code §3208.3(h)substantial causegood faith personnel actionpsychiatric injuryAir Resources BoardSCIFAME Dr. Donald Feldman
References
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