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

Case No. ADJ7219831
Regular
Aug 27, 2012

LORENA MARQUEZ vs. CARL'S JR.; TRAVELERS INSURANCE

This case involves a workers' compensation claim for a psychiatric injury sustained by Lorena Marquez while employed as a cashier at Carl's Jr. The applicant sought reconsideration of the denial of temporary disability benefits, arguing she was partially disabled and her resignation was not a voluntary choice. The defendant insurer sought reconsideration regarding their affirmative defense that the injury stemmed from lawful personnel actions, but failed to adequately present this argument. Both petitions for reconsideration were denied, upholding the original award of 23% permanent disability and future medical treatment.

Workers' Compensation Appeals BoardReconsideration DeniedPsyche InjuryTemporary DisabilityPermanent DisabilityPQMELabor Code Section 3208.3(h)Affirmative DefensePersonnel ActionDeemed Denied
References
Case No. ADJ1468445 (AHM 0109357)
Regular
Jun 08, 2009

CYNTHIA MAYFIELD vs. VERIZON, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) has denied Cynthia Mayfield's Petition for Removal. The Board adopted the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition to remove the case from its current status has been denied.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardWCJ reportADJ1468445Cynthia MayfieldVerizonSedgwick CMSadministrative law judgedeny removal
References
Case No. ADJ3546267 (LBO 0364744)
Regular
Apr 02, 2013

JOSE ZAVALA vs. CAL-STATE AUTO PARTS, INC., AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This order from the Workers' Compensation Appeals Board dismisses Applicant Jose Zavala's Petition for Reconsideration and denies removal. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's Report and Recommendation. Therefore, the petition is dismissed, and removal is denied.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENY REMOVALADMINISTRATIVE LAW JUDGEREPORT AND RECOMMENDATIONDISMISSEDDENIEDADJ3546267LBO 0364744CAL-STATE AUTO PARTS
References
Case No. SDO 304863
Regular
Jun 09, 2008

FELICIANO CAMPOS vs. EARL K. POWERS CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR LEGION INSURANCE COMPANY, IN LIQUIDATION C/O BROADSPIRE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable injury. The Board adopted the WCJ's report and reasoning, reiterating that removal is an extraordinary remedy rarely granted. Therefore, the petition for removal was officially denied.

Workers' Compensation Appeals BoardPetition for RemovalDeniedSubstantial PrejudiceIrreparable InjuryWCJ ReportAdministrative Law JudgeExtraordinary RemedyWrit DeniedLegion Insurance Company
References
Case No. ADJ1169225 (STK 0210283)
Regular
Sep 28, 2009

KRISTIN PYLE (Deceased) vs. SCHENONE SPECIALTY FOODS, dba CHOCOHOLICS DIVINE, TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration in the case of Kristin Pyle (deceased) v. Schenone Specialty Foods and Truck Insurance Exchange. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) in their decision. The order denying reconsideration was filed on September 28, 2009.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgeSCHENONE SPECIALTY FOODSCHOCAHOLICS DIVINETRUCK INSURANCE EXCHANGEDeceased ApplicantKristine PyleCase Number ADJ1169225
References
Case No. ADJ7330565 ADJ7330566
Regular
Dec 03, 2012

MICHAEL ACOSTA vs. M.S. ROUSE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed from a final order determining substantive rights or liabilities, but rather from interlocutory procedural orders. The petition for removal was also denied as the applicant failed to demonstrate substantial prejudice or irreparable harm if removal was not granted. Consequently, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrdersProcedural DecisionsEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ4453862 (VNO 0519650)
Regular
May 24, 2012

WILLIAM LANEY vs. CLARK PLUMBING & HEATING, STATE COMPENSATION INSURANCE FUND, CALIFORNIA COMPENSATION

This case involves applicant William Laney's petition for disqualification against defendants Clark Plumbing & Heating and their insurers. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Based on the record and the judge's reasoning, the Board denied the disqualification petition. Therefore, the Board issued an order formally denying Laney's request.

Petition for DisqualificationWorkers' Compensation Appeals BoardDenying DisqualificationAdministrative Law JudgeReportRecordAdopt and IncorporateDeniedVan Nuys District OfficeClark Plumbing & Heating
References
Case No. ADJ4440730 (SFO 0491327) ADJ3960828 (SFO 0491326) ADJ1986626 (SFO 0494011)
Regular
Apr 26, 2009

MICHAEL EMBLEY vs. CITY OF SAUSALITO; LEGALLY UNINSURED

This Workers' Compensation Appeals Board (WCAB) order denies reconsideration of a previous decision concerning Michael Embley versus the City of Sausalito. The WCAB adopted the findings and reasoning of the workers' compensation administrative law judge in their entirety. Therefore, the petitions for reconsideration filed by the parties are formally denied. The order was dated and filed on April 26, 2009.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONCITY OF SAUSALITOLEGALLY UNINSUREDADMINISTRATIVE LAW JUDGEPETITIONS FOR RECONSIDERATIONADOPT AND INCORPORATEDENIEDALFONSO J. MORESISERVICE MADE BY MAIL
References
Case No. ADJ10138647
Regular

CSMERALDA SOLIS vs. CALIFORNIA DEPARTMENT OF GENERAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration in the case of Esmeralda Solis. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Although the defendant requested trial transcripts, they did not allege any inaccuracies in the WCJ's prepared Minutes of Hearing and Summary of Evidence. Therefore, the petition for reconsideration was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJOpinion on DecisionMinutes of HearingSummary of EvidenceDENIEDSTATE COMPENSATION INSURANCE FUNDESMERALDA SOLIS
References
Case No. ADJ7733498
Regular
Aug 14, 2012

MINOO DANESHRAD vs. NESSAH EDUCATIONAL AND CULTURAL CENTER, TOWER GROUP COMPANIES

This case involves a Petition for Reconsideration and Removal filed by an applicant. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was filed from a non-final interlocutory order, which does not determine substantive rights. The petition for removal was denied because the applicant failed to demonstrate substantial prejudice or irreparable harm, as required by regulation. Consequently, both the petition for reconsideration and removal were dismissed and denied, respectively.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrdersProcedural DecisionsEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable Harm
References
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