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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. ADJ1497584 (SAC 0370207)
Regular
Jan 01, 2013

ERNEST SURITA vs. FRANCHISE TAX BOARD, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration filed by Mr. McKown. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because Mr. McKown was not an aggrieved party by the WCJ's order, as the applicant had already substituted and dismissed him as counsel. Furthermore, the order was not considered final as it did not determine Mr. McKown's entitlement to attorney's fees. Therefore, the WCAB adopted the WCJ's report and dismissed the petition.

Petition for ReconsiderationAggrieved PartyFinal OrderSubstitution of AttorneysNotice of Dismissal of AttorneyAbsolute Right to DismissAttorney's Fee EntitlementWorkers' Compensation Appeals BoardAdministrative Law JudgeSubstantive Right
References
Case No. ADJ546489 (LBO 0369181) ADJ2419002(LBO 0370548)
Regular
Feb 02, 2011

JOSE GUTIERREZ vs. PREFERRED PERSONNEL, REINSURANCE COMPANY OF AMERICA, SOUTHLAND CLAIMS SERVICE

This case concerns a petition for reconsideration filed by a former attorney seeking to control attorney fee disbursement from a compromise and release order. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The WCAB found the petition lacked specificity and failed to articulate how the judge's order to hold fees in trust pending agreement was unjust or unlawful. The former attorney is adequately protected and can pursue further proceedings if a fee allocation cannot be reached.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAttorney FeesLien ClaimantSkeletal PetitionLabor Code section 5902Rule 10846WCJDismissal
References
Case No. ADJ10715097
Regular
Aug 13, 2019

Katherine Sanchez vs. Garage And Lock, LLC, Farmers Insurance Company

The Appeals Board granted reconsideration on its own motion to set aside a prior dismissal. The dismissal occurred when the applicant failed to appear at trial, but her attorney did attend. The administrative law judge conceded error, as dismissal is not permitted under these circumstances per WCAB Rule 10562. Furthermore, the applicant alleged she never received actual notice of trial due to her former attorney's failure to update her address. The Board rescinded the dismissal and returned the case for further proceedings, favoring a hearing on the merits.

Petition to Set Aside DismissalWCJ Order of DismissalFailure to AppearAttorney ErrorChange of AddressActual NoticeTimely Petition for ReconsiderationAppeals Board MotionLabor Code Section 5900(b)Rescind Order of Dismissal
References
Case No. ADJ1340949 (MON 0357520)
Regular
Sep 16, 2013

MARCO ROSALES vs. BARRETT BUSINESS SERVICES

Here is a summary of the case for a lawyer: The Workers' Compensation Appeals Board granted reconsideration of an order dismissing lien claimant Jerry A. Jacobson's attorney fee lien. The dismissal was based on Mr. Jacobson's failure to appear at a mandatory settlement conference, but the Board found the WCJ improperly designated applicant's counsel to serve a self-executing dismissal order. Furthermore, there was no proof of service of the dismissal order or confirmation that a timely objection was not received. The Board rescinded the dismissal order and returned the case to the trial level for proper notice and further proceedings.

Workers' Compensation Appeals BoardLien ClaimantDismissal of LienReconsiderationWCJ ErrorAttorney FeesDeclaration of Readiness to ProceedEAMSAppeals Board Rule 10770.1(h)Notice of Intention to Dismiss
References
Case No. ADJ9191048, ADJ9191050
Regular
Jul 18, 2016

TERRANCE MARTINEZ vs. MK ROOFING, INC., STATE COMPESNATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration to set aside an Order of Dismissal for Lack of Prosecution. The dismissal was problematic because the defendant's notice letter was sent over sixteen months prior to the dismissal petition, and the applicant's counsel claims never to have received the dismissal petition itself, thus denying due process. Furthermore, a motion for the applicant's attorney to withdraw was pending at the time of dismissal. The Board rescinded the dismissal order and returned the case to the trial level for further proceedings, emphasizing the public policy favoring hearing cases on their merits.

Workers' Compensation Appeals BoardOrder of Dismissal for Lack of ProsecutionPetition for ReconsiderationWCJNotice of IntentionPetition for DismissalWCAB Rule 10582NoticeOpportunity to be heardApplicant's attorney
References
Case No. ADJ932256 (LBO 0396558)
Regular
Jul 14, 2010

DANIEL MASCORRO vs. PREFERRED PERSONNEL, AMERICAN INSURANCE GUARANTEE

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration. The claimant, a former attorney, sought reconsideration of an order approving a compromise and release that set aside $1,000 for attorney fees. The Board found the claimant lacked standing as no order had yet been made regarding the division of those fees. Any party aggrieved by a future division order can then seek reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney FeesLien ClaimantStandingAggrieved PartyLabor Code Section 5900Workers' Compensation JudgeDivision of Attorney Fee
References
Case No. ADJ4250427 (MON 0359204)
Regular
Sep 16, 2011

ANA AGUILAR vs. METRO BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Ana Aguilar's claim for lack of prosecution. The Board found that applicant's attorney was relieved as counsel and had lost contact with the applicant prior to the dismissal order, raising due process concerns. The dismissal order was based on a defendant's petition and a notice of intention to dismiss, but the Board found no evidence that the applicant actually received these notices. Therefore, the matter was returned to the trial level to ensure the applicant has an opportunity to be heard.

WCAB Rule 10582dismissal for lack of prosecutionex parte orderdue processlack of noticepetition for dismissalnotice of intention to dismissmotion to be relieved as counselcumulative traumamaintenance worker
References
Case No. ADJ2557196
Regular
Jul 24, 2012

GREGORY THOMPSON vs. CITRUS VALLEY MEDICAL CENTER, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a dismissal order. The dismissal for lack of prosecution was improper because the applicant's attorney did not receive proper notice of the defendant's petition to dismiss or the WCJ's notice of intention. The WCAB returned the matter to the trial level for further proceedings. However, the applicant's attorney was admonished to file any necessary substitutions of attorney.

SIBTFSubsequent Injuries Benefit Trust FundPetition to DismissLack of ProsecutionDue ProcessNoticeOpportunity to be HeardGlauber/BerensonLaw Offices of Samuel SalazarSubstitution of Attorney
References
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