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

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. ADJ7270261
Regular
Mar 01, 2012

MEKAL FARUKI vs. MACY'S DEPARTMENT STORES

This case involves Mekal Faruki's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition as untimely. Labor Code section 5903 establishes a strict 20-day deadline for filing reconsideration petitions, with a possible 5-day extension for mailing. Critically, the petition is considered filed upon receipt, not mailing date. Faruki's petition was filed over 25 days after the December 10, 2010 decision, rendering it jurisdictionally barred.

Mekal FarukiMacy's Department StoresPetition for ReconsiderationUntimely FilingLabor Code Section 5903WCAB Rule 10507Jurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardSacramento District Office
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ7020366
Regular
Aug 22, 2013

OCTAVIO GONZALEZ vs. BODEGA LATHE CORPORATION, PACIFIC COMP INSURANCE

The Workers' Compensation Appeals Board dismissed Octavio Gonzalez's petition for reconsideration because it was untimely filed. The petition was submitted more than 25 days after the administrative law judge's decision, exceeding the 20-day statutory limit, which can be extended by five days for mail. Because the deadline for filing a petition for reconsideration is jurisdictional, the Board lacked the authority to consider it. Had the petition been timely, it would have been denied on the merits as well.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely filingJurisdictional time limitLabor Code section 5903Administrative Law JudgeWCJ's Report and RecommendationMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v. Workers' Comp. Appeals Bd.
References
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
References
Case No. ADJ9097128
Regular
Jun 18, 2015

MATTHEW WALKER vs. TAMPA BAY LIGHTNING, CHICAGO BLACKHAWKS, ST. LOUIS BLUES, FEDERAL INSURANCE (CHUBB GROUP OF INSURANCE COMPANIES)

This case concerns a professional hockey player's workers' compensation claim filed after September 15, 2013. The key issue was whether the amended Labor Code section 3600.5, effective on that date, barred the claim. The Appeals Board reversed the initial finding, holding that the statute's plain language dictates its application to claims filed on or after September 15, 2013. As the applicant's claim was filed after this date, the amendments apply. Due to a stipulation that the amended law bars the claim, the applicant was ordered to take nothing.

Labor Code 3600.5Petition for ReconsiderationDecision After ReconsiderationProfessional AthleteCumulative Industrial InjuryFiling DateLabor Code 5401(c)Code of Civil Procedure 12aCalifornia Code of Regulations title 8 section 10508Operative Date
References
Case No. ADJ8053765
Regular
Nov 14, 2014

JAMES WALTON vs. MENS WEARHOUSE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a decision filed on September 3, 2014. This grant is to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future filings regarding this case must be submitted in writing directly to the WCAB Commissioners' office in San Francisco, not to any district office or via e-filing.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGRANTEDDecision After Reconsiderationstatutory time constraintsfactual and legal issuesjust and reasoned decisionfurther proceedingsOffice of the CommissionersElectronic Adjudication Management System
References
Case No. ADJ188649 (LBO 0289923) ADJ668755 (LBO 0252821)
Regular
Jan 30, 2009

VERNITA CAREY vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior WCJ decision because the official case file was lost. The matter is returned to the trial level for file reconstruction and a new decision by the WCJ. This process aims for efficiency at the trial level while preserving parties' rights to future reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeMissing FileRescind DecisionReturn to Trial LevelReconstruct FilePleadingsIssue DecisionAggrieved Party
References
Case No. VNO 425189
Regular
Dec 31, 2007

ROBERT ELSON vs. COUNTY OF LOS ANGELES

Due to a lost or missing official file, the Workers' Compensation Appeals Board granted reconsideration and rescinded the previous decision. The case is returned to the trial level for file reconstruction by the parties, after which a new decision will be issued. This procedural step ensures fairness and efficiency while preserving the right to future appeals.

Workers' Compensation Appeals BoardReconsiderationWCJMissing FileRescind DecisionReconstruct FileTrial LevelFurther ProceedingsRobert ElsonCounty of Los Angeles
References
Case No. ADJ1526919 (POM 0292502)
Regular
Jan 22, 2078

EVERARDO SALAZAR vs. OMNIA ITALINA DESIGN, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Everardo Salazar's petition for reconsideration because it was untimely filed. California law requires such petitions to be filed within 25 days of the WCJ's decision, with extensions for weekends/holidays, and receipt by the Board, not just mailing, is determinative. As the petition was filed over 25 days after the decision date, it was jurisdictional and the Board lacked authority to consider it. Had it been timely, the petition would have been denied on its merits.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDISMISSALTIMELINESSJURISDICTIONALSTATUTE OF LIMITATIONSWCJ DECISIONSERVICE BY MAILCALIFORNIA LABOR CODECALIFORNIA CODE OF REGULATIONS
References
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