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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. SJO 0237342
Regular

LINDA ONTIVEROS vs. SAVERS STORES, ZURICH AMERICA INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration, upholding the WCJ's original decision. The WCAB clarified its judicial authority and the role of WCJs in delegating those powers. Specifically, the Board ordered a correction to the heading of the WCJ's report to accurately reflect the "Workers' Compensation Appeals Board" as the decision-making body.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJJudicial AuthorityOriginal JurisdictionLab. CodeCal. Code RegsSan Jose District OfficeAdministrative Law Judge
References
Case No. ADJ9346293
En Banc
Apr 13, 2020

ANTHONY DENNIS vs. STATE OF CALIFORNIA – DEPARTMENT OF CORRECTIONS AND REHABILITATION INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

The WCAB holds that Administrative Director Rule 10133.54 is invalid as it exceeds the statutory authority granted to the Administrative Director and restricts the WCAB's exclusive power to adjudicate compensation claims. It also holds that an employer must provide a bona fide offer of work to avoid liability for a supplemental job displacement benefit voucher.

AD Rule 10133.54Supplemental Job Displacement BenefitWCAB exclusive jurisdictionadministrative director authoritybona fide work offerinmate laborstatutory authorityadjudicatory poweren banc decisionreconsideration
References
Case No. ADJ6721899
Regular
Apr 04, 2014

RICARDO VILLAREAL MENDOZA vs. PUEBLO PACKING INC., BERKSHIRE HATHAWAY, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Ricardo Villareal Mendoza's petition for removal. The petition argued that moving Mandatory Settlement Conferences (MSCs) from Santa Barbara to Oxnard caused irreparable harm due to travel burdens. The WCAB cited statutory authority and case law establishing its power to calendar hearings at different district offices based on available resources and space limitations. The Board also noted the availability of CourtCall and alternative arrangements for unrepresented workers to mitigate travel difficulties.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationMandatory Settlement ConferenceVenueCourtCallIrreparable HarmJudicial PowersInherent PowersCalendar Control
References
Case No. ADJ4609174 (RDG 0041947)
Regular
Oct 27, 2010

DOYLE CANADA vs. REDDING POWER SAWMILL DIVISION, ESIS PORTLAND

In this Workers' Compensation Appeals Board case, Doyle Canada's petition for reconsideration was denied. The Board adopted the findings of the Workers' Compensation Administrative Law Judge, whose report detailed the reasons for the denial. This order, dated October 27, 2010, upholds the original decision and denies further review. The defendants were Redding Power Sawmill Division and ESIS Portland.

WCABPetition for Reconsiderationworkers' compensation administrative law judgereport of the workers' compensation administrative law judgedeny reconsiderationADJ4609174Redding Power Sawmill DivisionESIS PortlandDoyle CanadaADJUDICATION
References
Case No. MON 0290566
Regular
Aug 12, 2008

MARTHA MANRIQUEZ vs. DEPARTMENT OF WATER AND POWER/DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the administrative law judge's findings that the defendant unreasonably delayed paying a stipulated award, thus incurring penalties and attorney's fees. The Board affirmed the judge's decision to limit the defendant's credit for a third-party settlement to prospective benefits due to the defendant's inaction in pursuing its credit rights after the stipulated award. Furthermore, the Board ruled that the defendant could not apply its third-party credit against the penalties and attorney's fees awarded.

Workers' Compensation Appeals BoardMartha ManriquezDepartment of Water and PowerLabor Code sections 4650(b)58145814.5Supplemental Findings and AwardPetition for Reconsiderationcumulative traumathird-party settlement
References
Case No. ADJ7490731
Regular
Aug 07, 2013

JORGE PEREZ vs. SAN GABRIEL INSULATION, CHARTIS

This case concerns lien claimants whose liens were dismissed with prejudice for failing to appear at a lien conference and not objecting within the prescribed ten days. The lien claimants sought reconsideration, arguing a clerical error caused their non-appearance and that service of the dismissal order was defective as delegated to the defendant. However, the Appeals Board dismissed the petition because it was untimely filed, exceeding the 25-day statutory limit for reconsideration after service of the April 25, 2013 order. The Board found the order was properly considered a notice of intention, allowing delegation of service, and the lien claimants were properly charged with receipt of the dismissal.

Lien claimantsReconsiderationDismissalClerical errorService delegationWCAB Rule 10349Notice of intentionWCAB Rule 10500(a)Timely objectionCompromise and Release Agreement
References
Case No. LBO 279827
Regular
Apr 21, 2008

DEENNISE NOVAK vs. GOODHEW AMBULANCE SERVICE, NATIONAL UNION FIRE INSURANCE, c/o BROADSPIRE, a CRAWFORD COMPANY

The Appeals Board granted reconsideration because the WCJ improperly disregarded the Agreed Medical Evaluator's opinion and made a finding without adequate medical evidence. The Board found that due to conflicting medical opinions and the AME's unclear stance, further development of the medical record is required. Consequently, the matter is returned to the trial level for a WCJ to appoint a "regular physician" to re-examine the applicant and address all outstanding medical issues.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryRight KneeHead InjuryNeurological SystemBack InjuryNeck InjuryShoulder Injury
References
Case No. ADJ9138064
Regular
Sep 02, 2016

EZEQUIEL HERNANDEZ vs. MURANAKA FARMS, INC., ZENITH INSURANCE COMPANY

Zenith Insurance sought reconsideration of an order requiring it to distribute attorney fees held in trust. Zenith had mistakenly paid the full $6,000 to one attorney, Manuel Martinez, who then failed to fully distribute the funds to the other two attorneys as agreed. The Appeals Board granted reconsideration, finding prior agreements and orders already dictated the fee distribution between the attorneys. Consequently, the Board rescinded the June 10, 2016 order and directed Manuel Martinez to comply with prior court orders for distribution.

Petition for ReconsiderationStipulation and OrderCompromise and ReleaseAttorney FeesTrust AccountMistake in DistributionUnjust EnrichmentPlenary PowerEquitable PowersRestitution
References
Case No. ADJ1259001
Regular
Apr 08, 2014

Patricia Scharli vs. County of Santa Barbara, Corvel Corporation

The Workers' Compensation Appeals Board (WCAB) denied Patricia Scharli's Petition for Removal. The denial was based on the administrative law judge's report, which concluded that moving a mandatory settlement conference from Santa Barbara to Oxnard due to space limitations at the new Santa Barbara office was a mere inconvenience, not significant prejudice. The WCAB has statutory authority to determine hearing locations based on budgetary and space constraints, and can calendar hearings at different offices even without formally changing venue. The WCAB encourages the use of CourtCall for attorneys to mitigate travel difficulties for applicants.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCalendaring AuthorityMedical Treatment Lien ConferenceCourtCallMandatory Settlement ConferenceExpedited Hearings
References
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