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

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. 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. ADJ8092715
Regular
Apr 25, 2012

MARIO PEREZ-OSORIO vs. INTERLIFT, INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for removal filed by Interlift, Inc. and Compwest Insurance Company. The defendants sought to have a priority hearing to address their statute of limitations defense and issues regarding the applicant's change of treating physicians. The Board agreed with the WCJ's recommendation to deny the petition, citing that a second injury with the same employer could impact apportionment and consolidate proceedings. They found that the defendant did not establish AOE/COE as a disputed issue to warrant a priority conference.

Petition for removalStatute of limitationsChange of treating physiciansLabor Code section 5405Labor Code section 4061Labor Code section 4062Labor Code section 5502Priority conferenceAOE/COEApportionment
References
0
Case No. ADJ13703697
Regular
May 22, 2025

VICTOR ROMERO vs. SANTA BARBARA SMOKEHOUSE, COMPWEST INSURANCE COMPANY

Victor Romero, the applicant, sustained a COVID-19 related injury resulting in pulmonary fibrosis and chronic lung disease. The defendant, Santa Barbara Smokehouse and Compwest Insurance Company, sought reconsideration of a Findings and Award (F&A) which entitled the applicant to temporary disability exceeding 104 weeks. The defendant argued that Dr. Gerald Markovitz's medical report was not substantial evidence and that their due process rights were violated. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, affirming that Dr. Markovitz's report constituted substantial medical evidence. Consequently, the Board denied the defendant's Petition for Reconsideration.

AOE/COECOVID-19Pulmonary fibrosisChronic lung diseaseTemporary disabilityLabor Code § 4656Permanent and stationaryMMIPetition for reconsiderationSubstantial medical evidence
References
9
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
7
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
1
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
7
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
0
Case No. ADJ6730960
Regular
Jul 25, 2013

FRANCISCO JIMENEZ vs. FELBRO, INC., COMPWEST INSURANCE

This case concerns a Petition for Reconsideration filed by the applicant, Francisco Jimenez, from an order that previously granted reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The WCAB held that a petition for reconsideration can only be filed after a final order, decision, or award. An interlocutory order granting reconsideration without resolving the underlying issues is not considered final. Therefore, the petition was dismissed as procedurally improper.

Petition for ReconsiderationInterlocutoryFinal OrderDismissalLab. Code§ 5900Workers' Compensation Appeals BoardSafeway Stores v. Workers' Comp. Appeals Bd.California CEBHanna California Law
References
5
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