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

Case No. MISSING
Regular Panel Decision
Sep 25, 2003

Peycke v. Newport Media Acquisition II, Inc.

The plaintiff, an employee of DSA Community Publishing, was allegedly injured after a slip and fall on ice in an office parking lot. She initiated an action for personal injuries against Newport Media Acquisition II, Inc., the building owner, and A. Ciesinski Snow Plowing, Inc., the company responsible for snow removal. The Supreme Court denied Newport's motion for summary judgment but granted A. Ciesinski's cross-motion. On appeal, the cross-appeal by the plaintiff was dismissed. The appellate court modified the order, affirming the denial of summary judgment for Newport but denying A. Ciesinski's motion to dismiss Newport's cross-claim for indemnification, citing triable issues of fact.

Personal InjurySlip and FallSummary JudgmentCross ClaimsIndemnificationWorkers' Compensation DefenseTriable Issues of FactAppellate ReviewNegligenceBuilding Owner Liability
References
6
Case No. MISSING
Regular Panel Decision

Danielson ex rel. National Labor Relations Board v. Dressmakers Joint Council, International Ladies Garment Workers Union

This case involves a petition for a temporary injunction filed by the acting Regional Director of the National Labor Relations Board (NLRB) against the Dressmakers Joint Council, International Ladies Garment Workers Union (ILGWU). The NLRB sought to enjoin the union from picketing Newport Miss, Inc. (Newport) following a complaint that the union was engaging in an unfair labor practice in violation of Section 8(b)(7)(C) of the National Labor Relations Act. The union argued that its picketing had lawful objectives, including protesting an employee discharge and informing the public about Newport's substandard wages, and denied any current organizing interest. The court found that the Regional Director had reasonable grounds to believe the union's picketing had an unlawful objective of compelling recognition or employee union membership, causing irreparable injury to Newport and its contractors. Consequently, the court granted the temporary injunction against the union's picketing for 60 days or until the NLRB determines the merits of the pending charge.

Labor LawUnfair Labor PracticeTemporary InjunctionPicketingNational Labor Relations ActUnion OrganizingSecondary BoycottNLRB EnforcementEmployer RightsLabor Dispute
References
11
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
1
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
2
Case No. ADJ1936857
Regular
Jul 08, 2010

Robert Terrazas vs. COMPUSA, Westmont College, Zurich Los Angeles, COMPWEST Newport Beach

The Workers' Compensation Appeals Board (WCAB) amended a prior award concerning Robert Terrazas's cumulative trauma knee injury. The WCAB corrected the cumulative trauma injury date to February 25, 2008, establishing liability for employers during the final year of exposure, specifically Westmont College and COMPUSA. Apportionment of disability was confirmed, but the division of liability and reimbursement between the two employers was deferred pending mandatory arbitration. The WCAB also admonished Westmont's counsel for violating procedural rules in their petition for reconsideration.

Cumulative traumaSpecific injuryApportionmentDate of injuryContinuous traumaLeft kneePermanent disabilityIndustrial exposureEmployer liabilityContribution
References
4
Case No. ADJ645552 (LAO 0886551)
Regular
Jan 19, 2012

JOSE MARTINEZ vs. EXERCERA, INC. & CHINA LING LLC, COMPWEST NEWPORT BEACH, CHARTIS PHOENIX

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, which sought to terminate temporary disability indemnity payments. The defendant claimed they had exceeded the statutory 104-week limit for temporary disability. However, the Board found insufficient evidence to support the defendant's claim, noting that no hearing was held and records regarding payment periods and the applicant's claims were missing. Additionally, the applicant's estoppel argument, based on delayed payments preventing necessary surgery, requires further evidentiary development. Therefore, the denial of the defendant's petition to terminate benefits was affirmed.

Petition for RemovalOrder Denying Petition to TerminateTemporary Disability IndemnityLabor Code section 4656(c)(1)104 compensable weeksestoppeldate of injuryAgreed Medical Evaluator (AME)surgeryWCJ
References
0
Case No. ADJ8088335
Regular
Jun 17, 2015

JOSE HERNANDEZ vs. NEWPORT MESA UNIFIED SCHOOL DISTRICT

This case involves a Petition for Reconsideration filed by Jose Hernandez against the Newport Mesa Unified School District. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely, having been filed over 25 days after the Workers' Compensation Judge's (WCJ) decision. Furthermore, the petition was deficient as it failed to specify the grounds for reconsideration. The WCAB emphasized that an untimely petition is jurisdictional and cannot be considered.

Petition for ReconsiderationUntimely FilingWCJ ReportJurisdictional Time LimitLabor CodeWCAB RuleDismissalFinal DecisionService by MailProof of Mailing
References
4
Case No. ADJ8822025
Regular
Sep 13, 2016

JASON FLICK vs. A AND M ENGINEERING, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address whether a lien filed by United Health Services (United) was timely under Labor Code section 4903.5(a). Defendant Compwest argued the lien was barred because it was filed over 18 months after services ended. The Board determined that the 18-month period expired on June 1, 2015, making United's June 2, 2015 lien untimely. Therefore, United's lien claim was denied.

Workers' Compensation Appeals BoardLien claimLabor Code section 4903.5(a)Statute of limitationsStipulation and AwardReconsiderationWCJAdministrative judgeCalifornia Code of Civil Procedure section 12Timeliness
References
3
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
0
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
0
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