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

Case No. ADJ7518237; ADJ7518238
Regular
Nov 28, 2011

MARCELA ACOSTA vs. FLOYD'S 99 BARBERSHOP, STAR INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case and issued a notice of intent to sanction attorney Daniel V. Anaya $500.00 for unspecified reasons. No objection was filed by Anaya, and the $500.00 sanction was subsequently paid. The WCAB confirms the sanction and acknowledges the payment has been transmitted to the General Fund.

RemovalSanctionsWorkers' Compensation Appeals BoardDaniel V. AnayaFloyd's 99 BarbershopStar Insurance CompanyTower Select Insurance CompanyIllinois Midwest Insurance CompanyGeneral FundBradford & Barthel
References
Case No. ADJ9778324
Regular
Nov 08, 2017

JAIRO RAMOS vs. JTS JOSE TREE SERVICE, INC., JOSE MIGUEL SOTO, DANIEL SOTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a workers' compensation claim where the applicant sustained an admitted industrial injury. The primary issue is determining the identity of the employer(s), with allegations of joint ownership/operation between JTS Jose Tree Service, Inc., Jose Miguel Soto, and Daniel Soto. Jose Soto's petition for reconsideration was dismissed as untimely and procedurally deficient. Daniel Soto's petition was granted because the original findings lacked evidentiary support and the record required further development regarding employment status and potential licensing issues. The case is remanded to the trial level for further proceedings.

Workers Compensation Appeals BoardJTS Jose Tree ServiceJose Miguel SotoDaniel SotoUninsured Employers Benefits Trust FundFindings of FactOrder of DeferralPetition for ReconsiderationJoint EmployersSubstantial Shareholder
References
Case No. ADJ1807866 (VNO 0555240)
Regular
Nov 06, 2013

ELVIRA ANAYA vs. GRIMMWAY ENTERPRISES, TRISTAR

This case involves Elvira Anaya's workers' compensation claims against Grimmway Enterprises. The Workers' Compensation Appeals Board (WCAB) has dismissed the Petition for Reconsideration filed by an applicant/defendant/lien claimant. The dismissal is due to the petition being filed untimely, as it was submitted more than 25 days after the Order Amending Finding of Fact issued on July 5, 2013. This failure to meet the statutory filing deadline under Labor Code section 5903 and Code of Civil Procedure section 1013 mandates the dismissal.

Petition for ReconsiderationuntimelydismissalWCABLabor Code section 5903Code of Civil Procedure section 1013Order Amending Finding of Factadministrative law judgeGrimmway EnterprisesTristar
References
Case No. Misc. No. 254
Regular
Apr 20, 2012

Daniel Escamilla vs. Workers' Compensation Appeals Board

The Workers' Compensation Appeals Board (WCAB) denied Daniel Escamilla's petitions seeking production of eleven sanction case files and clarification of issues. The WCAB found Mr. Escamilla already possessed or had access to the relevant documents and had adequate notice of the issues concerning his alleged misconduct. His objections to providing an offer of proof were deemed untimely and without merit. Consequently, the Board affirmed the existing procedures and denied his requests.

WCABDaniel Escamillasanction proceedingsoffer of proofpetition for removalLabor Code Section 4907suspensionremoval of privilegerepresentativemoral character
References
Case No. ADJ3024498
Regular
Jul 02, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of *Acosta v. Anaya*. This decision was made after an initial review of the record indicated a need for further study of the factual and legal issues. The WCAB granted reconsideration to ensure a complete understanding and to issue a just decision, ordering all related communications to be filed directly with the Commissioners. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the WCAB.

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE
References
Case No. ADJ6778085
Regular
Jan 08, 2014

DANIEL LOBATO vs. PENHALL INTERNATIONAL CORPORATION, ZURICH/CONVERIUM, Administered by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order dismissing a Petition for Reconsideration in the case of Daniel Lobato v. Penhall International Corporation. The petitioner, who filed the reconsideration, has withdrawn their petition. Consequently, the WCAB has formally dismissed the reconsideration as requested.

Petition for ReconsiderationWithdrawn PetitionerDismissed PetitionWorkers' Compensation Appeals BoardADJ6778085November 14 2013 DecisionLong Beach District OfficeZurich/ConveriumSedgwick CMSPenhall International Corporation
References
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
Case No. ADJ4229205 (MON0323976)
Regular
Oct 03, 2017

ADRINE GARABEDIAN vs. DANIEL BOUDAIE, an individual, dba DANIEL BOUDAIE, D.D.S., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award. The applicant's attorney fees under Labor Code § 5814.5 were determined in a 2013 award, which became final despite the exact amount being deferred for itemization. The Board found that the applicant was not seeking penalties more than two years from the due date, and therefore, Labor Code § 5814(g) did not apply to bar recovery. The prior award established a substantive right to attorney fees, and the reservation of jurisdiction for amount adjustment did not negate its finality.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYWCJ REPORTADRINE GARABEDIANDANIEL BOUDAIEUNINSURED EMPLOYERS BENEFITS TRUST FUNDSECTION 5814(G)PENALTIESATTORNEY FEES
References
Case No. ADJ689141 (VNO 0427602)
Regular
May 09, 2013

CHERYL CORRAL vs. COUNTY OF LOS ANGELES, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the WCJ's reasoning. Simultaneously, the Board dismissed the defendant's petition for reconsideration. This dismissal was based on the defendant not being an aggrieved party by the WCJ's decision. The outcome was the denial of the applicant's reconsideration request and the dismissal of the defendant's reconsideration request.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDDISMISSEDaggrievedWCJ's decisionLab. Code§ 5900Mullen & Filippi LLPDaniel Anaya
References
Case No. ADJ7949362
Regular
Dec 14, 2015

DANIEL CONTRERAS vs. GHILOTTI BROTHERS INCORPORATED, ZURICH

This case involves a petition for reconsideration filed by a petitioner that was subsequently withdrawn. The Workers' Compensation Appeals Board has issued an order dismissing the petition due to its withdrawal. Therefore, the appeal proceeding is terminated as per the petitioner's request.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWithdrawnGhilotti Brothers IncorporatedZurichDaniel ContrerasADJ7949362San Francisco District OfficeMarguerite Sweeney
References
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