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Case Law Database

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

Case No. ADJ4189587
Regular
Mar 24, 2017

VERA ZAY vs. STUART ANDERSON'S BLACK ANGUS, CHUBB GROUP INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Vera Zay's petition for reconsideration in the case against Stuart Anderson's Black Angus. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Additionally, the Board admonished defense counsel for violating page limits, citing non-existent evidence, and raising new issues on reconsideration, warning of potential sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Director Rule 10205.12(10)Page-limit requirementEvidence not in the recordNew issues on reconsiderationSanctionsLab. Code§ 5813Cal. Code Regs.
References
Case No. ADJ7960157 (RDG 0095395) ADJ4276340
Regular
Apr 03, 2013

DAVID SANDROCK vs. INDEPENDENT BUSINESS FORMS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by the defendant, Independent Business Forms, Inc. The Workers' Compensation Appeals Board has granted this reconsideration. The Board intends to further study the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the Office of the Commissioners.

SandrockIndependent Business FormsPreferred Employers Insurance CompanyADJ7960157ADJ4276340ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardRedding District OfficeSan Francisco
References
Case No. ADJ7288448, ADJ7345282
Regular
Oct 18, 2011

DERVIS ESPINAL vs. BARRETT BUSINESS SERVICES, BARRETT BUSINESS SERVICES/BBSI

The Workers' Compensation Appeals Board (WCAB) initiated sanctions against attorneys Roy J. Park and Black and Rose LLP, jointly and severally, for $500.00. This action was taken for failure to demonstrate good cause following a notice of intention to impose sanctions. No timely objection was filed by the attorneys. The WCAB accepted the payment of $500.00 received from Black and Rose LLP as full satisfaction of the imposed sanctions.

WORKERS' COMPENSATION APPEALS BOARDremovalsanctionsLabor Code section 5813Appeals Board Rule 10561jointly and severallygood causetimely objectionDecision After RemovalGeneral Fund
References
Case No. ADJ7689073
Regular
Jul 03, 2012

WILLIAM OLIVE vs. COUNTY OF BUTTE, SHERIFF'S DEPARTMENT

In *Olive v. County of Butte*, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report in its decision. Therefore, the applicant's request for a rehearing or further review of the original decision was refused.

WORKERS' COMPENSATION APPEALS BOARDCOUNTY OF BUTTESHERIFF'S DEPARTMENTPermissibly Self-InsuredYORKADJ7689073ORDER DENYING RECONSIDERATIONPetition for Reconsiderationadministrative law judgerecord
References
Case No. ADJ2024655 (SAC 0331505)
Regular
Apr 24, 2009

MAURICE WEBSTER vs. JOHN L. SULLIVAN CHEVROLET, SAFETY NATIONAL CASUALTY CORPORATION

This order denies Maurice Webster's petition for reconsideration in his workers' compensation case against John L. Sullivan Chevrolet and Safety National Casualty Corporation. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Finding no basis for reconsideration, the WCAB adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationMaurice WebsterJohn L. Sullivan ChevroletSafety National Casualty CorporationADJ204655SAC 0331505Gregory G. Aghazarian
References
Case No. ADJ7689152
Regular
Jan 15, 2013

MARTINA IRAHETA vs. BAL SEAL ENGINEERING, INC., APPLIED RISK SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted the Administrative Law Judge's (ALJ) report, which found the applicant's exhibits inadmissible due to failure to meet service deadlines and inadequate medical reporting by Dr. Black. The ALJ also found the applicant's testimony not credible, failing to establish a prima facie case for injury. Therefore, the petition for reconsideration was denied.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONMandatory Settlement ConferenceLabor Code §46288 Cal. Code Reg. §10606credibilitydeveloping the recordprima facie burdencontinuous traumaDr. Black's reports
References
Case No. ADJ6651801
Regular
Jul 19, 2010

ESIQUIO GONZALEZ vs. VON'S GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petitions for reconsideration of a previous decision. This action was taken due to statutory time constraints and the need for further review of the factual and legal issues. The WCAB seeks a complete understanding of the record to issue a just and reasoned decision after reconsideration. All future filings related to this case should be directed to the Office of the Commissioners in San Francisco, not a local office.

GonzalezVon's Grocery CompanyPetitions for ReconsiderationWorkers' Compensation Appeals BoardADJ6651801ADJ3758568Decision After Reconsiderationstatutory time constraintsfactual and legal issuesjust and reasoned decision
References
Case No. OAK 0341450
Regular
May 11, 2008

MICHAEL PROFUMO vs. CONSOLIDATED FREIGHTWAYS, TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) has denied Michael Profumo's Petition for Removal in this case against Consolidated Freightways and its administrator. The Board adopted the reasoning presented in the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is denied.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardAdministrative Law Judge ReportConsolidated FreightwaysTIG Specialty Insurance CompanyRisk Enterprise ManagementMichael ProfumoOakland District OfficeHanna Brophy
References
Case No. ADJ1421021 (SFO 0487736)
Regular
Nov 06, 2008

MARGARITO RIVERA vs. J. RAVELLA CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in Margarito Rivera's case. The Board rescinded the prior decision and returned the matter to the WCJ for further proceedings and a new decision. This action is not a final determination on the merits of the case.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgegrant reconsiderationrescind decisionfurther proceedingsdecision after reconsiderationtrial levelSeptember 25 2008J RaveNlla Construction
References
Case No. ADJ8218969
Regular
Feb 05, 2015

JOSE CARRILLO (Deceased) ELVIRA CARRILLO (Widow) vs. ESTERLINE TECHNOLOGIES CORPORATION, ARCH INSURANCE, Administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration of a taken nothing order concerning the death claim of Jose Carrillo, who died of renal cell carcinoma. The initial decision found the widow failed to prove her husband's cancer was industrially caused by toxic exposure during his employment. The Board found the Qualified Medical Evaluator's opinion equivocal and the record insufficient to determine the extent of the decedent's exposure to carcinogens. Therefore, the case was returned to the trial judge for further development of the record regarding chemical exposure and a new determination of industrial causation.

Workers' Compensation Appeals BoardElvira CarrilloJose CarrilloEsterline Technologies CorporationArch InsuranceESISADJ8218969Petition for ReconsiderationFindings and Ordertaken nothing order
References
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