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

Case No. ADJ8492547
Regular
Oct 18, 2019

HECTOR ACEVEDO vs. SUN HO CORPORATION dba TREIU CHAU RESTAURANT, FARMERS TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board rescinded the prior findings that National Script Pharmacy's lien was stayed under Labor Code section 4615. This case, along with others involving National Script Pharmacy, has been consolidated into a master file to address common factual and legal issues regarding the applicability of section 4615. The matter is returned to the trial level for further proceedings consistent with the consolidation order, allowing all parties to be heard. This decision ensures consistent rulings and judicial economy given the complex ownership and criminal proceeding issues surrounding the lien claimant.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantLabor Code Section 4615ConsolidationMaster FileNational Script PharmacyBahar Danesh GharibCriminal ProceedingsJudicial Economy
References
Case No. ADJ8861723
Regular
Aug 27, 2018

ARACELI FLORES vs. VALLARTA SUPERMARKETS/SANTA ISABEL ENTERPRISES, CLAREDON INSURANCE

Lien claimant Mesa Pharmacy sought removal of a WCJ's order that deferred the critical issue of whether its lien was stayed under Labor Code § 4615. Mesa argued this denial of due process and prejudicially delayed adjudication of its lien. The Appeals Board granted removal, rescinded the WCJ's findings, and returned the matter for proceedings consistent with a prior consolidation order. This consolidation addressed common issues regarding Mesa Pharmacy's liens and potential stays under § 4615 due to criminal proceedings against related parties.

Petition for RemovalLien ClaimantLabor Code Section 4615Stayed LienCriminally Charged ProviderDue ProcessConsolidated CasesMaster FileWCJOrder of Consolidation
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ9447602
Regular
Aug 28, 2018

SANDRA SAUCEDO vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenge to a prior order regarding the stay of Mesa Pharmacy's lien. Due to the complexity of issues surrounding Mesa Pharmacy's ownership and alleged criminal connections, and to prevent inconsistent rulings, over 19,000 cases, including this one, were consolidated for efficient adjudication. The Board rescinded the prior finding regarding Mesa's lien, allowing it to be heard within the consolidated proceedings, while affirming the decision concerning another lienholder.

WCABPetition for ReconsiderationFindings of Fact and OrderLabor Code Section 4615Stay of LienOrder of ConsolidationMesa PharmacyJohn GarbinoCriminal ProceedingsWCJ William Gunn
References
Case No. ADJ9591968
Regular
Aug 21, 2018

ISMAEL RODRIGUEZ vs. CJR RESTAURANT, AMTRUST

This case involves a lien claim by Mesa Pharmacy, Inc. which was previously subjected to a stay by a WCJ. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address Mesa's petition. The WCAB rescinded the prior order and returned the case to the trial level for a judge to determine if it should be excluded from a master consolidation of over 19,000 cases concerning Mesa Pharmacy's liens. This consolidation aims to address complex factual and legal issues regarding Mesa's operations and potential violations of Labor Code section 4615.

Mesa PharmacyLabor Code section 4615lien claimantconsolidationWCAB Rule 10589common issues of fact and lawownership and controlJohn Garbinocriminal proceedingsjudicial resources
References
Case No. ADJ6835198
Regular
Dec 21, 2012

JOSEPH GARCIA vs. TRIANGLE SERVICES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a $1,500 sanction imposed on lien claimant Safety Works, Inc. for filing an improper Declaration of Readiness to Proceed. While the sanction was likely justified, the Board rescinded the order and returned the case to the trial level. This action is in light of a pending motion to consolidate multiple cases where Safety Works allegedly filed similar improper documents. Furthermore, the Board noted potential future disciplinary action for lien representatives under a new law effective January 1, 2013.

Petition for ReconsiderationLien ClaimantDeclaration of Readiness to ProceedSanctionWCJ ReportUnverified PetitionSkeletal PetitionLabor Code § 4907Lien Representative PrivilegeWorkers' Compensation Appeals Board
References
Case No. ADJ2601082 (SRO 00994437), ADJ641109 (SRO 0137184), ADJ2342446 (SRO 0132314) ADJ3682825 (SRO 0132313)
Regular
Jun 16, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. KMART CORPORATION; and SEDGWICK, TYRIS CORPORATION and STATE COMPENSATION INSURANCE FUND, G&G FOODS: STATE COMPENSATION

This case consolidates three workers' compensation matters involving attorney fee disputes before the same Workers' Compensation Judge. The petitioners argue that the judge erred by prioritizing attorney time spent over other factors in determining fees and by applying an arbitrary 12% cap. The Board granted consolidation and removed the cases for reconsideration, finding common legal and factual issues that necessitate further review to ensure just and reasoned decisions. The employer is ordered to pay settlement proceeds while withholding 15% pending the Board's final determination.

Workers Compensation Appeals BoardConsolidationRemovalAttorney's FeeReconsiderationFinding and OrderCompromise and ReleaseWCJWCAB Rule 10778Itemization of Time
References
Case No. ADJ4539662 (LBO 0266945)
Regular
Feb 07, 2011

RAUL ANAYA vs. MCDONNELL DOUGLAS; CIGA c/o CAMBRIDGE INTEGRATED SERVICES for FREMONT INDEMNITY in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a venue change order. However, treating the petition as a request for removal, the WCAB granted removal and rescinded the order. The WCAB found that the defendant improperly sought a venue change to consolidate cases, as consolidation requires following specific procedures outlined in Cal. Code Regs., tit. 8, § 10260(b).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueLabor Code Section 5501.5(c)Cal. Code Regs. tit. 8 § 10410Adjudication Case NumberPWCJStipulated AwardContribution Proceeding
References
Case No. ADJ15400555
Regular
Oct 10, 2025

MA LUISA OLIVARES vs. WINDSOR PALMS CARE CENTER, STARSTONE NATIONAL INSURANCE COMPANY, CANNON COCHRAN MANAGEMENT SERVICES, INC.

Defendant filed a petition for removal against a workers' compensation administrative law judge's (WCJ) orders from May 9, 2024, which took the matter off calendar and appeared to consolidate cases. The Appeals Board determined that the WCJ's orders, issued without creating a proper record or providing adequate notice for consolidation, constituted irreparable harm and violated the parties' right to due process. Consequently, the Board granted the petition for removal and rescinded the May 9, 2024 Minute Orders. The case was then returned to the trial level for further proceedings, emphasizing the necessity of creating a proper record to support any future orders.

Petition for RemovalOrder Taking Matter Off CalendarConsolidationDiscoveryDue Process ViolationIrreparable HarmSubstantial EvidenceRecord DevelopmentNotice and Opportunity to be HeardOrder of Consolidation
References
Case No. ADJ8944738, ADJ8028796, ADJ8030015
Regular
Jan 21, 2014

MANUEL GODOY vs. CARGILL BEEF PACKERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, Zenith Insurance Company, Lamanuzzi and Pantaleo

The Appeals Board granted petitions for removal by defendants Cargill Beef Packers and Zenith Insurance Company, rescinding a prior order consolidating three workers' compensation cases. Consolidation was deemed premature due to significant prejudice and potential trial delay, particularly concerning Zenith's pending statute of limitations and post-termination defenses. The Board ordered the January 30, 2014 priority hearing in Zenith's case to proceed as scheduled. Future consolidation considerations will require notice to all parties.

Petition for RemovalConsolidation OrderPrejudiceTrial DelayCumulative TraumaSpecific InjuryAgreed Medical ExaminersAOE/COE TrialStatute of Limitations DefensePost-Termination Defense
References
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