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

Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ3615708 (BAK 0147668) ADJ2881957 (BAK 0147353) ADJ1664277 (BAK 0147354)
Regular
Oct 27, 2015

FRANCISCO JAVIER CASILLAS vs. SAN JOAQUIN VALLEY TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision, arguing that a key psychiatric AME report was unreliable and that the WCJ failed to address this in the opinion. The WCAB denied the reconsideration, finding that the WCJ properly relied on the reports of a different psychiatric AME, thus rendering the applicant's argument regarding the disputed report irrelevant. However, the WCAB granted reconsideration on its own motion to correct clerical errors in the original decision identified by the parties. The matter was then remanded to the WCJ to reissue a corrected decision.

California Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact Awards and OrdersAgreed Medical Evaluator (AME)Dr. John StalbergDr. Carl Marusaksubstantial medical evidencepsychiatric claimspermanent disabilitylabor code section 132a
References
4
Case No. ADJ1130717 (LAO 0793991)
Regular
May 02, 2013

CLAUDIA DIAZ vs. PROSPECT MANOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's prior decision. The Board rescinded that decision and returned the case to the trial level for further proceedings. This is an interlocutory order, not a final decision on the merits. Parties retain the right to seek reconsideration of the new decision.

Workers' Compensation Appeals BoardProspect ManorCalifornia Insurance Guarantee AssociationADJ1130717LAO 0793991Opinion and Order Granting ReconsiderationDecision After ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeRescinded
References
0
Case No. ADJ2065472
Regular
Aug 15, 2013

CARLOS DURAN vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in *Carlos Duran v. Ralphs Grocery Company*. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings and a new decision. This action means the prior decision is no longer in effect and the case will be reheard by the WCJ. The parties retain their rights to seek further reconsideration of any new decision.

WCABReconsiderationRescindedReturned to Trial LevelFurther ProceedingsWCJ DecisionAdministrative Law JudgeRalphs Grocery CompanySedgwickCarlos Duran
References
0
Case No. ADJ450115 (MON 0230555) ADJ1578833 (VNO 0399228)
Regular
Dec 15, 2008

CONSTANCE SHILLINGFORD vs. GREENBERG GLUSKER FIELDS, CAL. COMP, in liquidation by CIGA and ZENITH INSURANCE COMPANY, CAL. COMP, in liquidation by BROADSPIRE INSURANCE COMPANIES for CIGA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB rescinded the judge's decision and returned the case to the trial level for further proceedings and a new decision. This action means the original decision is not final, and the parties can again seek reconsideration after the WCJ issues a new ruling.

Workers Compensation Appeals BoardReconsiderationRescindedReturnedWCJCIGAZenith Insurance CompanyBroadspire Insurance CompaniesLiquidationAdministrative Law Judge
References
0
Case No. ADJ540267 (GOL 0097056)
Regular
May 03, 2010

RACHEL RAMIREZ vs. SANTA BARBARA COTTAGE HOSPITAL, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) decision in the case of Rachel Ramirez v. Santa Barbara Cottage Hospital. The WCAB rescinded the ALJ's decision and returned the matter to the trial level for further proceedings and a new decision. This action indicates the initial decision was insufficient or flawed, requiring further development of the record and a new ruling. The parties retain the right to seek reconsideration of any future decision by the ALJ.

Workers Compensation Appeals BoardSanta Barbara Cottage HospitalKeenan & AssociatesPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGranting ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial Level
References
0
Case No. ADJ2218706 (VNO 0501260) ADJ1058308 (VNO 0482296)
Regular
Apr 19, 2010

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELER'S INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

This case concerns appeals from a workers' compensation judge's decision regarding liability for cumulative trauma injury. The Appeals Board granted reconsideration to clarify the determination of the date of injury under Labor Code § 5412, which is crucial for assigning liability to the insurer covering the last year of exposure. The Board found the WCJ's decision lacked sufficient clarity and specific findings regarding disability and knowledge of causation. Therefore, the prior decision was rescinded, and the case was returned for further proceedings to make clear findings consistent with established legal principles.

Workers' Compensation Appeals BoardDonna DeRussyAntelope Valley Health Care SystemTravelers InsuranceSafety NationalFrontier Insurancecumulative traumadate of injuryLabor Code §5500.5Labor Code §5412
References
2
Case No. ADJ1576468 (OXN 0133481)
Regular
Apr 20, 2009

ELAINE BREA ULT vs. LONG'S DRUG STORE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

Defendant seeks reconsideration of a decision finding applicant temporarily totally disabled from a neck and shoulder injury. Defendant argues the judge erred by finding ongoing temporary disability when evidence suggests permanent stationary status, and by awarding temporary disability beyond statutory limits, citing *Nickelsberg*. The Appeals Board granted reconsideration due to procedural deficiencies, specifically the lack of a proper opinion by the judge and a required report on reconsideration. Therefore, the Board rescinded the original decision and returned the case for a proper record and new decision.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityPermanent and StationaryLabor Code Section 4656Nickelsberg v. Workers' Comp. Appeals BoardOpinion on DecisionReport and RecommendationFindings and AwardRescinded
References
2
Case No. ADJ1210556 (AGO 0018589)
Regular
Oct 10, 2008

EDWIN MILLER vs. KEEBLER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and granted reconsideration of the WCJ's prior decisions regarding medical mileage and penalties. The Board found the WCJ failed to properly consider statutory factors in determining a "reasonable geographic area" for the applicant's medical treatment. Consequently, the WCAB rescinded the WCJ's decisions and returned the case to the trial level for further proceedings and a new decision addressing all outstanding issues, including the definition of a reasonable geographic area for treatment.

WCABPetition for RemovalPetition for ReconsiderationMedical MileageReasonable Geographic AreaLabor Code Section 4600Administrative Director Rule 9780(h)WCJBoltonRamirez
References
2
Case No. ADJ7937881
Regular
Jul 31, 2014

ROBERT ESCOBAR vs. SWINERTON/SHOTCRETE SYSTEMS, INC.; ZURICH NORTH AMERICA

This case involves a Petition for Reconsideration of a prior decision. The Appeals Board discovered a $130,000.00 Compromise and Release entered into after the initial decision. Consequently, the Board granted reconsideration, rescinded the previous decision, and returned the matter to the trial level for further proceedings on the settlement's approval. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardSwinerton/Shotcrete SystemsZurich North AmericaCompromise and ReleaseEAMSReconsiderationAdministrative Law JudgeWCJRescindedTrial Level
References
0
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