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

Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
Case No. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
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. ADJ7714776, ADJ7714779
Regular
Oct 27, 2018

JOHNNY MCCORVEY vs. DELTA SIGMA THETA HEAD START, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by the applicant, Johnny McCorvey, which the Workers' Compensation Appeals Board (WCAB) has denied. The WCAB adopted the findings of the Workers' Compensation Judge (WCJ) and found no substantial evidence to overturn the WCJ's credibility determination. This decision relies heavily on the WCJ's opportunity to observe witness demeanor, as established in *Garza v. Workmen's Comp. Appeals Bd.*. Therefore, the petition for reconsideration has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Denying PetitionMcCorveyDelta Sigma Theta Head StartZenith Insurance CompanyState Compensation Insurance Fund
References
Case No. ADJ2285767
Regular
Oct 23, 2013

JOSE CORRALES vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Jose Corrales' Petition for Reconsideration. The Board adopted the reasoning of the Workers' Compensation Judge's report, which was not provided. This order means Corrales' prior request for a review of a decision was unsuccessful. The denial was issued on October 23, 2013.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWorkers' Compensation Administrative Law JudgeReport of WCJAdopt and IncorporateCity of Los AngelesPermissibly Self-InsuredADJ2285767LAO 0764751Jose Corrales
References
Case No. ADJ4439745 (ANA 0351385)
Regular
Jul 24, 2012

ERNESTO AGRAMONT vs. ASSOCIATED CONCRETE PRODUCTS (NEW BASIS), AMERICAN PROTECTION INSURANCE COMPANY, GALLAGHER BASSETT INSURANCE SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, RELIANCE INSURANCE COMPANY

This case involves a denial of reconsideration for a workers' compensation claim. The Appeals Board adopted the Workers' Compensation Judge's (WCJ) findings, finding substantial support in the record for the determined dates of cumulative trauma injury, despite some conflicting evidence on missed work. The Board also noted a discrepancy in the defendant's insurer identification, stating defense counsel must properly identify their client. Consequently, the petition for reconsideration of the original findings of fact is denied.

WCABErnesto AgramontAssociated Concrete ProductsAmerican Protection Insurance CompanyGallagher BassettCalifornia Insurance Guarantee AssociationReliance Insurance CompanyWCJ ReportPetition for ReconsiderationCumulative Trauma Injury
References
Case No. ADJ7114025
Regular
Nov 07, 2011

KATHLEEN KENNEDY vs. COMMUNITY HEALTH NETWORK SAN FRANCISCO GENERAL HOSPITAL, INTERCARE

The Workers' Compensation Appeals Board reviewed a case where defense counsel filed a petition exceeding the 31-page limit. Although the Board initially considered sanctions, it ultimately decided against imposing them. However, the Board strongly admonished defense counsel to adhere to page limit regulations in future filings. Consequently, no sanctions were imposed on the defendant or their counsel for the oversized petition.

Workers' Compensation Appeals BoardRemovalSanctionsPetition for ReconsiderationCalifornia Code of RegulationsTitle 8Section 10845(a)Page LimitsAdmonishmentDefendant Counsel
References
Case No. ADJ10024494, ADJ8067794
Regular
May 30, 2017

JOHN CLINGINGSMITH vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND STATE EMPLOYEES

The Workers' Compensation Appeals Board (WCAB) denied John Clingingsmith's Petition for Reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ). The decision means the WCALJ's prior ruling stands, and Clingingsmith's petition for review of that ruling was unsuccessful.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportdeny reconsiderationADJ10024494ADJ8067794Van Nuys District OfficeDeidra E. LoweKatherine ZalewskiCristine E. Gondak
References
Case No. ADJ3255503 (SDO0362975)
Regular
Mar 15, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings. The core issue is whether the applicant deputy sheriff's hypertension constitutes "heart trouble" for the purposes of a statutory presumption of industrial injury. The WCAB found the agreed medical evaluator's opinion regarding "heart trouble" unclear, as it did not definitively address the broad legal definition of the term. Therefore, the case requires further medical evaluation and deposition to clarify the applicant's cardiac condition in relation to the legal standard.

Workers' Compensation Appeals BoardDeputy SheriffHeart Trouble PresumptionLabor Code Section 3212.5Labor Code Section 4663(e)ApportionmentAgreed Medical EvaluatorDr. Daniel J. BresslerHypertensionGERD
References
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