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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ13419906
Regular
Jun 13, 2025

JOSE HERNANDEZ vs. ROTO DYNAMICS, INC.; COMPWEST NEWPORT

While this matter was pending reconsideration, the parties reached a proposed settlement. To allow the Workers' Compensation Administrative Law Judge (WCJ) to review the settlement, the Appeals Board rescinded the prior decision and returned the case to the trial level. This action allows the WCJ to consider the settlement, with the possibility of reinstating the original decision if the settlement is not approved. This decision does not address the merits of the issues previously pending on reconsideration.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWCJAdministrative Law JudgeProposed SettlementFurther ProceedingsDecision After Reconsideration
References
Case No. ADJ6496249
Regular
Feb 04, 2019

GLADIS MORALES vs. QUAKE CITY; Administered by COMPWEST

Gladis Morales sought reconsideration of a prior Workers' Compensation Appeals Board decision. The Board denied her petition, finding no grounds to overturn the original finding. This ruling likely affirmed or modified an initial determination regarding Morales's claim against Quake City, administered by Compwest. The specific reasons for the denial are detailed within the full opinion.

Workers' Compensation Appeals BoardQuake CityCOMPWESTGLADIS MORALESADJ6496249Petition for ReconsiderationDenying PetitionLos Angeles District OfficeOpinion and OrderCalifornia Workers' Compensation
References
Case No. ADJ7968587
Regular
Aug 07, 2015

RAFAEL RODRIGUEZ vs. SWEET TEMPTATIONS USA, INC., AMERICAN CASUALTY COMPANY, COMPWEST INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, upholding the prior finding that he could not proceed against CNA ClaimPlus. This is because a prior Compromise and Release (C&R) agreement, approved by a judge, resolved all issues for the entire cumulative trauma period, including future medical treatment, against both CompWest and CNA. The Board found that the C&R, having the effect of a judgment, constituted a bar to further claims against CNA for the released period, and the applicant's failure to properly address the C&R's terms did not constitute good cause to set it aside. CNA's citation of an unpublished case and procedural violations by their counsel were noted and admonished.

Workers' Compensation Appeals BoardRAFAEL RODRIGUEZSWEET TEMPTATIONS USAINC.AMERICAN CASUALTY COMPANYCNA CLAIMPLUSCOMPWEST INSURANCEADJ7968587Petition for ReconsiderationFindings of Fact
References
Case No. ADJ8581601
Regular
Sep 24, 2014

MARTIN CERECER vs. HUXTABLES KITCHEN, INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by Huxtables Kitchen, Inc. and Compwest Insurance Company. The WCAB adopted the reasoning of the workers' compensation administrative law judge's (WCJ) report. Additionally, the WCAB noted that the petitioners' representative, the Law Office of Robin Jacobs, had a pattern of failing to appear at lien hearings, which would not be tolerated.

ADJ8581601Petition for ReconsiderationWCJ ReportDenying ReconsiderationLaw Office of Robin JacobsLien HearingsPattern of ConductWorkers' Compensation Appeals BoardHuxtables KitchenCompwest Insurance Company
References
Case No. ADJ7539480
Regular
Sep 20, 2011

GARY KREFT vs. CELESTRON, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, COMPWEST INSURANCE COMPANY, HARTFORD INSURANCE COMPANY, AMERICAN CLAIMS MANAGEMENT, STATE COMPENSATION INSURANCE FUND, Everest National Insurance Co.

This case concerns a cumulative injury claim where the Workers' Compensation Appeals Board (WCAB) granted Everest National Insurance Co.'s Petition for Removal. The WCAB amended a prior order joining Everest and other carriers, clarifying that Labor Code section 5500.5(a) limits liability for cumulative injuries to employers/insurers covering the year immediately preceding the date of injury or last exposure. As the date of injury/exposure was not yet determined and appeared to be the last day of employment, only the carriers covering that final year (CompWest and Hartford) were ordered joined. Everest was removed as a party defendant pending further determination.

Petition for RemovalLabor Code section 5500.5(a)cumulative injurylast injurious exposurejoinder of partiesWorkers' Compensation Appeals Boarddate of injuryrepetitive job dutiesCalifornia Insurance Guarantee AssociationCIGA
References
Case No. ADJ8302620
Regular
May 16, 2018

ENRIQUE MUNOZ vs. ACROMIL CORPORATION, COMPWEST

Lien claimants Preferred Scan and Tower Copy sought reconsideration after their photocopying liens were initially disallowed by the WCJ. The WCJ found the charges not reasonably required to prove a contested case. Following mediation, the parties stipulated to settle Preferred's lien for $4,500 and Tower's for $600. The Appeals Board amended the original order to approve these stipulations and award the settlement amounts.

WCABADJ8302620lien claimantsreconsiderationFindings and OrderWCJphotocopying chargescontested caseStipulationsmediation
References
Case No. ADJ3186295
Regular
Dec 06, 2015

EMILIO LOPEZ vs. TEMPO INDUSTRIES, COMPWEST

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The petition was deemed untimely because it was filed more than 20 days after the Administrative Law Judge's decision was personally served. California Labor Code section 5903 sets a strict 20-day deadline for filing a petition for reconsideration, with no mailing extension applicable for personal service. The WCAB emphasized that this jurisdictional deadline cannot be extended, and therefore, the untimely petition was dismissed.

ReconsiderationUntimely petitionLabor Code section 5903Jurisdictional time limitPersonal serviceMailing extensionWCJ decisionAppeals BoardDismissalCalifornia Workers Compensation
References
Case No. ANA 0372417
Regular
Mar 11, 2008

CARMEN SANTANGELO vs. NEWPORT MESA UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied the Petition for Removal in the case of Carmen Santangelo v. Newport Mesa Unified School District. The Board adopted the administrative law judge's report, finding no grounds to disturb the existing proceedings. The matter remains set for a Status Conference.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportStatus ConferenceDenial of RemovalNewport Mesa Unified School DistrictKeenan & AssociatesCarmen SantangeloLegal Service BureauFalk & Hamblin
References
Case No. ADJ6453284
Regular
Dec 05, 2012

LIBRADO VAZQUEZ vs. SUNTOPIA FRUIT GROUP, INC., COMPWEST

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claim. The Board found the lien claimant's petition for reconsideration to be unverified, skeletal, and unmeritorious. Additionally, the lien claimant failed to appear at mandatory proceedings and falsely claimed lack of notice. Consequently, the Board affirmed the dismissal of the lien and imposed a $500 sanction jointly and severally against the lien claimant and its representative.

Workers' Compensation Appeals BoardSAI Professional ServicesSuntopia Fruit GroupInc.CompwestPetition for ReconsiderationLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Order Dismissing LienMandatory Settlement Conference
References
Case No. ADJ6894400
Regular
Nov 21, 2011

ROBERTO RIOS vs. SITCOM FURNITURE, COMPWEST INSURANCE

The Workers' Compensation Appeals Board dismissed NMCI Medical Clinic's petition for reconsideration because it was filed in response to a Notice of Intention to Dismiss Lien, not a final order. A Notice of Intention is not a final determination of substantive rights or liabilities and therefore not subject to reconsideration. The Board found that an subsequent "Order Vacating Notice of Intent to Dismiss" was invalid as it was filed outside the permissible timeframe. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationNotice of intention to dismissWCJFinal orderLab. Code§ 5900Rule 10859Order vacating
References
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