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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ7204282
Regular
Oct 21, 2010

ROBERT TARA (Deceased) vs. HEAVENLY VALLEY, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a dispute over venue in a workers' compensation claim for a deceased employee. The defendant employer timely objected to the San Diego venue designated by the applicant's attorney, who practices there. The Workers' Compensation Appeals Board granted the defendant's petition for removal, reversing the prior order. The Board found the venue objection was timely under Labor Code section 5501.5(c) and therefore mandatory venue change to the Sacramento district office.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Change of VenuePresiding Workers' Compensation Administrative Law JudgeLabor Code Section 5501.5(c)Venue ObjectionApplication for Adjudication of ClaimPrincipal Place of BusinessIndustrial InjuryDeceased Employee
References
Case No. ADJ4320293 (PAS0014831)
Regular
Nov 03, 2011

LAWRENCE WEITZER vs. LAW OFFICES OF LAWRENCE WEITZER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior order, primarily to delete a penalty award. The Board affirmed that the defendant incorrectly paid an attorney's fee installment to a trust instead of the applicant's attorney. Consequently, the defendant must pay the outstanding attorney fee, plus interest, and interest on funds repaid by the trust. The penalty was removed because the applicant was deceased, as such penalties are payable to the applicant.

SCIFattorney's fee paymentWeitzer Trustinterest on awardLabor Code section 5814 penaltyunreasonable delaygood faith legal basisCompromise and Releaseapplicant deceasedpenalty paid to applicant
References
Case No. ADJ6540051, ADJ6540050
Regular
Jun 16, 2010

CHARLOTTE SINGER vs. COUNTY OF FRESNO

This case involves a Petition for Removal filed by applicant Craig Singer (deceased) against the County of Fresno. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the reasoning of the workers' compensation administrative law judge's report. Therefore, the appeal challenging the findings of fact and order denying the petition for removal was unsuccessful.

Petition for RemovalWorkers' Compensation Appeals BoardFindings of FactOrder Denying PetitionCounty of FresnoPermissibly Self-InsuredClaims Management Inc.ADJ6540051Deceased ApplicantAdministrative Law Judge Report
References
Case No. ADJ7485185, ADJ9885267
Regular
Sep 18, 2017

LAURA ORTIZ vs. FARMERS INSURANCE GROUP, MID CENTURY INSURANCE

This Workers' Compensation Appeals Board decision denies a petition for reconsideration, affirming the applicant's timely invocation of jurisdiction to seek additional benefits. The Board adopted the WCJ's reasoning that the applicant's filings of an Application for Adjudication of Claim and an Amended Application, along with documented medical evidence of worsening condition, satisfied the requirements for reopening and seeking further compensation. These actions put the defendants on notice of the applicant's intent to pursue increased benefits, even without a formal petition to reopen.

Petition for ReconsiderationLabor Code section 5410Application for Adjudication of ClaimRiel v. State of CaliforniaBeaida v. Workers' Comp. Appeals Bd.stipulated awardpro perfuture medical treatmentincreased symptomsworsening condition
References
Case No. ADJ11893382
Regular
Mar 10, 2020

JAIME ANGUIANO (Deceased) vs. INTER CON SECURITY SYSTEMS, ARCH INSURANCE COMPANY

This case involves a deceased applicant, Jaime Anguiano, and the defendants Inter Con Security Systems and Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) denied a Petition for Removal filed by one of the parties. The WCAB emphasized that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm that reconsideration cannot remedy. Because the WCJ's report suggested placing the matter back on calendar, the WCAB determined the issue is best handled at the trial level and denied the petition.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationTrial LevelStatus ConferenceMandatory Settlement ConferenceWorkers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ2903398 (BAK 0150336)
Regular
Feb 27, 2012

ERIC FLEMING, Deceased GINGER FLEMING vs. KENAI DRILLING, ZURICH AMERICAN INSURANCE COMPANY

This case involves Eric Fleming's widow, Ginger Fleming, as the applicant in a workers' compensation claim against Kenai Drilling and its insurer. The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal. The WCAB adopted the WCJ's report and found no significant prejudice or irreparable harm to the defendant. The board also noted that no lien for attorney Hildreth's services had been filed, nor had a Petition for Costs.

Petition for RemovalWCJ reportlienWCABLabor Code section 5811Petition for Costsprejudiceirreparable harmworkers' compensationdeceased
References
Case No. ADJ9431614
Regular
Jan 31, 2019

RAYMUNDO ESTRADA vs. GREEN GARDEN SERVICE

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order due to improper notice. The dismissal was based on the applicant's failure to appear at conferences and suspected death, but the Notice of Intent to Dismiss did not adequately reflect these grounds. The Board found good cause to grant the applicant's attorney's petition to withdraw. The case is returned to the WCJ for further proceedings and issuance of a new Notice of Intent to Dismiss.

Petition for ReconsiderationNotice of Intent to DismissMandatory Settlement ConferenceStatus ConferencePetition to be Relieved as Attorney of RecordDeceased ApplicantOrder Dismissing CaseWithdrawal PetitionReinstatementFailure to Appear
References
Case No. MON 0291071
Regular
Jan 22, 2008

JESSE CHMELAR, JOANNE CHMELAR (Deceased) vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's contentions that the administrative law judge failed to state reasons, erred on the statute of limitations, and improperly relied on defense medical opinions. While the Board found that the judge's report sufficiently explained her reasoning and acknowledged an issue with the statute of limitations filing, the applicant failed to prove their deceased spouse's employment caused her death. Therefore, the Board amended the finding to state no determination was made on the claim's timeliness, affirming the decision that the applicant is not entitled to benefits.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAmended Finding of Fact and Ordersindustrial injuryinternal systemdeceasedstatute of limitationsqualified medical evaluatorLabor Code section 5313Report and Recommendation
References
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