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

Case No. ADJ10344350; ADJ10344309
Regular
Sep 29, 2025

JUAN SALAZAR vs. MAYWOOD PLAZA MARKET, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision by a workers' compensation administrative law judge (WCJ) concerning lien claimants Industrial Healthcare PMG, Complete Interpreting, and Peralta Hills-Mission Valley Imaging. The WCJ had dismissed their liens, finding their declarations under Labor Code section 4903.8(d) invalid. The WCAB, however, found that the declarant, Ilona Kulikova, possessed sufficient personal knowledge and access to information to competently testify regarding the services provided and billing accuracy. Consequently, the WCAB rescinded the WCJ's Findings and Orders and substituted new findings declaring the lien claimants' original section 4903.8(d) declarations valid, thus remanding the matter for further proceedings.

Labor Code Section 4903.8(d)Lien claimantsDeclarationsCompetent to testifyPrima facie evidenceBurden of proofIndustrial Healthcare PMGComplete InterpretingPeralta Hills-Mission Valley ImagingIlona Kulikova
References
Case No. ADJ9393235
Regular
Jan 17, 2018

MARIA FLORES TORRES vs. AMERICAN BUILDING JANITORIAL, INC.

The Workers' Compensation Appeals Board rescinded a prior decision finding a medical lien invalid due to an issue with the declarant's competency. The Board found that the initial declaration under penalty of perjury, while conforming to statutory language, was deemed invalid by the trial judge solely because the declarant was not an employee of the lien claimant. However, the Board determined the record lacked sufficient evidence to establish the declarant's incompetence and that the defendant did not adequately demonstrate their efforts to present this witness at trial. Therefore, the case is remanded for further proceedings to address the admissibility of an amended declaration and to properly litigate the declarant's competency and its impact on the lien's validity.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONLIEN CLAIMANTLABOR CODE SECTION 4903.8DECLARATION UNDER PENALTY OF PERJURYSTATUTE OF LIMITATIONSADMINISTRATIVE LAW JUDGECOMPROMISE AND RELEASECOMPLIANCECOMPETENT TO TESTIFY
References
Case No. ADJ7523998
Regular
Nov 03, 2014

GEORGE HARVEY SMITH vs. STATE OF CALIFORNIA

The defendant sought reconsideration of an order for further development of the record regarding the applicant's competency. The applicant had previously sustained industrial injuries, including to his psyche, resulting in an $88\%$ permanent disability award. The judge ordered a comprehensive evaluation to determine the applicant's competency from 2006 to the present. The Board dismissed the petition, ruling that the order for further discovery was not a final order and thus not subject to reconsideration. The dissenting opinion argued that while the petition was procedurally flawed, the order for further development should be rescinded as the record did not support a finding of incompetency.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryPsychePermanent DisabilityCompetencyLabor Code Section 5408Guardian Ad LitemMental Incompetency
References
Case No. ADJ8390531
Regular
Feb 21, 2018

SARA RUSH vs. PROCARE MOBILE RESPONSE, EVEREST NATIONAL INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a medical treatment lien disallowance for non-compliance with Labor Code § 4903.8(d), which requires a declaration from a competent person attesting to services rendered and accurate billing. The Appeals Board rescinded the initial decision, finding that the lien claimant had substantially complied with the statute. The Board held that an electronic "S" signature was sufficient and that the billing clerk, Jennifer Zambrana, was competent to make the declaration given the circumstantial evidence of treatment. Consequently, the lien was not disallowed, and the case was returned for further proceedings.

WCABreconsiderationlien claimantdeclarationsection 4903.8(d)billing statementcostssanctionsJennifer Zambranacompetent witness
References
Case No. ADJ498505 (SFO 0420916), ADJ4168794 (SFO 0485699), ADJ6979901
Regular
May 15, 2012

DEBORAH ROLLINS vs. COUNTY OF SOLANO, YORK INSURANCE SERVICES

The Appeals Board granted removal, rescinded a prior order, and canceled a trial date. This action prevents the relitigation of issues concerning the adequacy and applicant's competence to enter into a Compromise and Release agreement. The Board found that these issues were already decided with finality in a prior order that had res judicata effect. Therefore, the defendant would suffer prejudice by having to re-litigate settled matters.

RemovalCompromise and ReleaseAdequacyCompetenceReconsiderationFindings of Fact and LawLabor Code section 5803Petition for ReconsiderationPetition for RemovalSua Sponte
References
Case No. ADJ3461326
Regular
Aug 30, 2013

MARK CLEMENTI, TOM CLEMENTI vs. BURCH CONSTRUCTION CO., INC., CALIFORNIA INS. GUARANTEE ASSOCIATION, BROADSPIRE, SUPERIOR NATIONAL INS. CO.

The Workers' Compensation Appeals Board (WCAB) granted a petition for removal to further develop the record in this case. The WCAB rescinded the trial setting order and returned the matter to the WCJ for further proceedings. This action was taken to address questions regarding the applicant's competency to sign a compromise and release agreement in 2011. The WCAB indicated potential avenues for further discovery, including supplemental medical opinions and depositions, but left the scope to the WCJ's discretion.

Petition for RemovalGuardian ad LitemTrusteeCalifornia Ins. Guarantee AssociationSuperior National Ins. Co.LiquidationSupplemental OpinionCompromise and Release AgreementCompetencyCross-examine
References
Case No. ADJ3: (SBR 0316406) ADJ68:825 (SBR 0316740)
Regular
Sep 26, 2017

HELCIAS PUERTO vs. TRANSPORT CORPORATION OF AMERICA

This case involves an applicant's petition for reconsideration and removal challenging prior Minute Orders. The Appeals Board dismissed the petition for reconsideration, ruling that the Minute Orders were not final decisions but rather interlocutory procedural rulings. Furthermore, the petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. The Board noted that proceedings are suspended until the applicant is found competent to participate, and that legal actions should be conducted by his appointed Guardian Ad Litem.

Labor Code Section 132aPetition for ReconsiderationPetition for RemovalGuardian Ad Litem and Trustee (GAL&T)CompetencyOff Calendar (OTOC)Final OrderInterlocutory OrderSubstantive Right or LiabilityThreshold Issue
References
Case No. ADJ7247160
Regular
Oct 15, 2012

ARTURO VERA vs. DIRKSEN TRANSPORTATION, NATIONAL INTERSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that took the case off calendar. The Board found that the applicant had not shown due diligence in obtaining a psychiatric QME before the mandatory settlement conference and subsequent trial dates. The case was returned to the trial level for a status conference to address the applicant's condition and the defendant's contentions. This action was taken despite the applicant's change in legal representation.

Petition for RemovalOff Calendar OrderQualified Medical EvaluatorPsychiatric InjuryCompetency to TestifyDue DiligenceMandatory Settlement ConferenceTrial ContinuanceWorkers' Compensation Appeals BoardRescinded Order
References
Case No. ADJ9248422, ADJ9247183
Regular
Sep 12, 2019

VERONICA VASQUEZ vs. EAST COAST FOODS, dba ROSCOE'S HOUSE OF CHICKEN AND WAFFLES, STATE COMPENSATION INSURANCE FUND

This case concerns the validity of liens filed by medical providers and interpreters. The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order, finding that the declarations supporting the liens were invalid because the declarant, Ilona Kulikova, lacked personal knowledge. The Board dismissed one lien completely due to the lack of any other valid declaration. However, for two other liens, the Board remanded the case to allow the trial judge to reconsider additional declarations that were not initially evaluated.

Labor Code section 4903.8DeclarationPersonal knowledgeCompetent to testifyElectronic signatureLien claimantsAmended declarationsDue processJoint Findings and OrderPetition for Reconsideration
References
Case No. ADJ9638509; ADJ9638510
Regular
Nov 17, 2020

CESAR MARROQUIN vs. OAKWOOD CEMETERY, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Appeals Board rescinded the original Findings and Order, finding that Advanced Pain Control's declaration under Labor Code section 4903.8(d) was valid, but Quality Interpreting's declaration was invalid due to the declarant's lack of personal knowledge and insufficient supporting evidence. Consequently, Quality Interpreting's lien was dismissed for failing to comply with statutory requirements and for being untimely filed. The case was returned for further proceedings regarding Advanced Pain Control's lien.

Labor Code section 4903.8(d)Joint Findings and Orderprima facie evidencecompetent to testifylien claimantdeposition transcripthearsay evidencepersonal knowledgeevidentiary ruleslien conference
References
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