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

Case No. ADJ2419784 (LBO 0367096) ADJ2075423 (LBO 0367097) ADJ2337471 (LBO 0367098)
Regular
Jan 09, 2012

ANTHONY DE FAZIO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

Applicant Anthony De Fazio petitioned for reconsideration of a Joint Findings and Award and Order. The Workers' Compensation Appeals Board has granted this petition, finding it necessary to further study the factual and legal issues. This reconsideration is intended to allow for a complete understanding of the record and a just decision. Further proceedings may be determined as appropriate.

Anthony De FazioLos Angeles Unified School DistrictSedgwick CMSPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Appeals BoardStatutory time constraintsFactual issuesLegal issuesDecision After Reconsideration
References
Case No. ADJ4549941 (OXN 0133428) ADJ1729960 (OXN 0133245)
Regular
Jan 13, 2011

MARIA CORTEZ vs. EL TACO DE MEXICO, SCIF INSURED OXNARD

This case concerns Maria Cortez's workers' compensation claims against El Taco de Mexico and its insurer, SCIF. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the petition for reconsideration has been officially denied.

Workers' Compensation Appeals BoardMaria CortezEl Taco de MexicoSCIF Insured OxnardOrder Denying ReconsiderationPetition for ReconsiderationWorkers' compensation administrative law judgeWCJ reportAdopt and incorporateDeidra E. Lowe
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. ADJ246238 (SFO 0503079) ADJ491939 (SFO 0503081
Regular
Sep 01, 2011

JACKIE MOSELEY vs. ST. JOHNS KNITS, TRAVELERS INSURANCE COMPANY Administered By CCMSI

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision. The amendment corrected the permanent disability rating for Jackie Moseley's August 21, 2004 injury from 34% to 32%. This adjustment, equaling $31,950.00, was made after accounting for loss of earning capacity, age, occupation, and apportionment. The decision also clarified that the defendant's failure to offer modified work triggers an additional 15% permanent disability payment under Labor Code section 4658(d)(2).

WORKERS' COMPENSATION APPEALS BOARDST. JOHNS KNITSTRAVELERS INSURANCE COMPANYCCMSIADJ246238ADJ491939OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPERMANENT DISABILITYCERVICAL SPINE
References
Case No. ADJ7504765
Regular
May 05, 2014

JULIE PRIETO vs. DUC M NGUYEN, M.D.; TRAVELERS PROPERTY AND CASUALTY SACRAMENTO

This case involves applicant's attorney seeking reconsideration of an order approving stipulations for payment of prior attorneys' lien claims. The petition was dismissed because it was "skeletal," lacking specific legal arguments or record citations as required by statute and regulation. Furthermore, the petition failed to demonstrate proper service on all adverse parties. Even if considered on its merits, the petition would have been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalSkeletal PetitionLien ClaimantAttorneys' FeesStipulations and OrderWCJ Report and RecommendationLabor Code Section 5902California Code of Regulations Title 8 Section 10846
References
Case No. ADJ6894399
Regular
Jun 16, 2010

URIEL DE AVILA vs. BRENT REDMOND TRANSPORTATION, NOVAPRO RISK SOLUTIONS, CALIFORNIA TRUCKERS SAFETY ASSOCIATIONS

In *De Avila v. Brent Redmond Transportation*, the applicant, Uriel De Avila, sought removal in a workers' compensation case. The Workers' Compensation Appeals Board reviewed the petition and the accompanying administrative law judge's report. Finding no grounds for removal, the Board denied the petition. This decision means the case will proceed without the requested removal.

Workers' Compensation Appeals BoardPetition for RemovalDeniedBrent Redmond TransportationNovapro Risk SolutionsCalifornia Truckers Safety AssociationsUriel de AvilaAdministrative Law JudgeRecord ReviewIncorporation by Reference
References
Case No. ADJ2980699 (MON 0351671) ADJ1220548 (MON 0351672)
Regular
Jul 16, 2013

AURA DE LEON vs. MARRIOTT INTERNATIONAL, PSI and Self-Administered

This case involves a Petition for Removal filed by an applicant against Marriott International, PSI, and Self-Administered. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has ordered the Petition for Removal dismissed as no further action will be taken.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardAura De LeonMarriott InternationalPSISelf-AdministeredADJ2980699ADJ1220548
References
Case No. ADJ9332041
Regular
Mar 08, 2019

ANA VILLANUEVA vs. TEVA FOODS, TRAVELERS INSURANCE COMPANY

This case concerns whether lien claimant Firstline Health, Inc.'s lien should be subject to a stay under Labor Code section 4615 due to alleged control by criminally charged providers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's due process rights were violated. The WCAB rescinded the previous order and returned the case for further proceedings, specifically to allow Firstline an opportunity to rebut evidence of Dr. Uwaydah's de facto control. This decision emphasizes the need for fair hearing and timely notice before imposing a stay on a lien claimant's claim.

Workers' Compensation Appeals BoardLabor Code section 4615Labor Code section 139.21criminally charged providerslien claimantde facto ownershipde facto controlfraudulent documentsconspiracyinsurance fraud
References
Case No. ADJ1582101
Regular
Jun 16, 2011

MARITHA DE WERK vs. COUNTY OF CONTRA COSTA

The County of Contra Costa petitioned for reconsideration of an award of total permanent disability for Maritha De Werk, arguing for apportionment to non-industrial factors and between separate injuries. The parties subsequently notified the Board of a tentative settlement agreement. To allow for settlement approval and potential further proceedings, the Appeals Board granted reconsideration. The matter is being held in abeyance pending settlement finalization.

Workers' Compensation Appeals BoardMaritha De WerkCounty of Contra CostaPermissibly Self-InsuredADJ1582101WCJ 0059766Opinion and Order Granting ReconsiderationNew and further disabilitySpecific injuryCumulative trauma injury
References
Case No. ADJ10201509
Regular
Aug 28, 2019

ANGELA GARCIA vs. MANI BROTHERS NINE THOUSAND DE, LLC

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by lien claimant Qualified Billing and Collections, LLC, in the case of Angela Garcia v. Mani Brothers Nine Thousand DE, LLC. The Board adopted the findings of the workers' compensation administrative law judge, finding no evidence of fraud by the defendant concerning a deposition. Additionally, the Board admonished the lien claimant's representative for attaching inadmissible exhibits to their petition, warning of future sanctions for non-compliance with Board rules. Consequently, the petition for reconsideration was denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportlien claimantfrauddepositionIlona KulikovaQualified Billing and CollectionsLLCAppeals Board Rule 10842(c)
References
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