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

Case No. ADJ178491 (FRE 0247775)
Regular
Aug 15, 2014

FRANCISCO DE LA TORRE vs. QUIRING GENERAL, AMTRUST NORTH AMERICA

This case concerns Francisco De La Torre's workers' compensation claim for a back injury, for which he was later convicted of insurance fraud. The defendant sought to deny permanent disability and medical treatment benefits, arguing the fraud rendered him ineligible. However, the Workers' Compensation Appeals Board affirmed the original award, finding that the permanent disability was based on objective radiological evidence, not the applicant's misrepresentations. The Board also noted that any future contested medical treatment could be addressed individually. Therefore, the defendant's petition for reconsideration was denied.

Workers' Compensation Appeals BoardFrancisco De La TorreQuiring GeneralAmtrust North AmericaPetition for ReconsiderationPermanent DisabilityFurther Medical TreatmentInsurance FraudConvictionIneligibility
References
Case No. ADJ8296919
Regular
Nov 26, 2012

ISMAEL DE LA TORRE vs. WELLS FARGO BANK, SEDGWICK

The Workers' Compensation Appeals Board dismissed Wells Fargo Bank's Petition for Removal and/or Reconsideration. Defendant had requested the rescission of an order continuing the case to trial, asserting it was not ready. However, the parties subsequently agreed to take the case off calendar at the scheduled trial date. Consequently, the Board found the defendant's petition to be moot.

WCABPetition for RemovalPetition for ReconsiderationMootDismissedOff CalendarWCJ OrderAdministrative Law JudgeWells Fargo BankSedgwick
References
Case No. ADJ1973305 (STK 0199710)
Regular
Jan 30, 2009

Silviano De La Torre vs. PETE POSTMA DAIRY, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration and rescinded the prior award, returning the case for re-evaluation of permanent disability. The board found merit in the applicant's argument that gait derangement and cane use were not adequately considered in the original rating. However, the WCAB upheld the finding that the defendant failed to establish apportionment to a prior injury due to a lack of due diligence. The applicant's request to apply the 1997 rating schedule was deemed waived.

Workers' Compensation Appeals BoardSilviano De La TorrePete Postma DairyState Compensation Insurance FundADJ1973305STK 0199710ReconsiderationFindings Award and OrdersWorkers' Compensation JudgeTemporary Disability
References
Case No. ADJ1036250 (LBO 0379542)
Regular
Jan 02, 2014

RAMON BAUTISTA vs. DE LA ROSA MANUFACTURING, INC., BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration filed by a lien claimant in the case of Bautista v. De La Rosa Manufacturing, Inc. The WCAB found the petition to be untimely because it was filed more than 25 days after the October 15, 2013 order, exceeding the statutory deadline. Additionally, the petition was dismissed for being unverified. Therefore, the WCAB ordered the Petition for Reconsideration dismissed.

Petition for ReconsiderationUntimely filingLabor Code section 5903Code of Civil Procedure section 1013DismissalUnverifiedWorkers' Compensation Appeals BoardAdministrative law judgeLien claimantDe La Rosa Manufacturing
References
Case No. ADJ9743291
Regular
Nov 06, 2018

CDWARD DE LA ROSA vs. ALL AREA PLUMBING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Edward De La Rosa's removal petition, finding the WCAB lacks jurisdiction over his claim. De La Rosa failed to timely dispute his claim denial through the mandatory Alternative Dispute Resolution (ADR) process, as required by his union's agreement. Specifically, he did not request a Qualified Medical Evaluator within the prescribed 30-day period after receiving notice of denial. This failure to follow the ADR procedures, including timely dispute resolution steps, bars the WCAB from adjudicating the merits of his injury claim.

RemovalLabor Code section 5301Petition for RemovalDue ProcessJurisdictionADR ProgramCertified RecordApplication for AdjudicationPetition to DismissQualified Medical Evaluator
References
Case No. ADJ6857476
Regular
Dec 10, 2019

MARIA DE LA VEGA vs. RALLY STAFFING, AMERICAN HOME ASSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration to reduce applicant's permanent disability rating from 91% to 81%. The Board found the Agreed Medical Examiner's opinion regarding adding impairments rather than using the Combined Values Chart (CVC) lacked sufficient medical evidence. Defendants failed to meet their burden on apportionment for the gastrointestinal system. The award for permanent disability, life pension, and medical treatment was amended accordingly.

Workers' Compensation Appeals BoardRally StaffingAmerican Home AssuranceBroadspireMaria De La VegaPermanent DisabilityAgreed Medical ExaminerAMEDr. MajcherHypertension
References
Case No. LAO 0781233, LAO 0781234
Regular
Aug 20, 2008

MICHAEL L. LA FRANCE vs. COUNTY OF LOS ANGELES

This case concerns Michael L. La France's workers' compensation claim against the County of Los Angeles. The Appeals Board denied La France's petition for reconsideration, upholding the Workers' Compensation Judge's (WCJ) findings. The WCJ found La France lacked credibility and that his claims of psychiatric injury due to employment conditions were not supported by evidence, particularly noting he worked less than six months. Additionally, the WCJ found no violation of Labor Code Section 132a regarding termination and no compensable orthopedic or internal medicine injuries based on medical examiner reports.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilityGarza v. Workmen's Comp. Appeals Bd.Order Denying ReconsiderationLAO 0781233LAO 0781234Michael L. La FranceCounty of Los Angelesemployment application inaccuracies
References
Case No. ADJ19479057
Regular
Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor
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. ADJ9338501
Regular
Nov 17, 2017

MARTIN TORRES vs. LORAL LANDSCAPING, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Martin Torres v. Loral Landscaping, Inc. However, the petitioner subsequently withdrew their Petition for Reconsideration. Consequently, the WCAB vacated its order granting reconsideration and dismissed the petition.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationVacatedDismissedLoral LandscapingSecurity National Insurance CompanyAmtrust North AmericaMartin TorresADJ9338501
References
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