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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8088868
Regular

DAVID WEDDLE (Deceased),\nDENISE WEDDLE (Guardian Ad Litem) vs. STATE OF CALIFORNIA CORRECTIONS\nAND REHABILITATION PAROLE, legally\nuninsured; STATE COMPENSATION\nINSURANCE FUND, adjusting agency

The Workers' Compensation Appeals Board denied a Petition for Removal and a Petition for Reconsideration filed by the defendant, State Compensation Insurance Fund. The Board adopted the reasoning of the Workers' Compensation Judge's report supporting the denials. This order pertains to a case involving David Weddle (deceased) and his guardian ad litem, Denise Weddle.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDavid Weddle (Deceased)Denise Weddle (Guardian Ad Litem)State of California Corrections and Rehabilitation ParoleState Compensation Insurance Fundlegally uninsuredadjusting agencyworkers' compensation administrative law judge
References
Case No. ADJ9093456, ADJ9996405, ADJ9996406
Regular
Jan 19, 2023

OTTO STOWE vs. DALLAS COWBOYS, DENVER BRONCOS, LOS ANGELES RAMS, TRAVELERS, CIGA

This case involves an applicant seeking removal of a prior order, arguing prejudice from the denial of his Labor Code section 5500.5 election and refusal to allow evidence regarding a guardian ad litem. The Appeals Board granted removal, finding that the applicant's competency and need for a guardian ad litem must be determined before proceeding. Consequently, the prior order was rescinded, and the case was returned to the trial level for a hearing on the guardian ad litem issue.

Petition for RemovalGuardian ad LitemLabor Code section 5500.5Competency determinationRescinded OrderReturn to Trial LevelIncompetent injured workerWorkers' Compensation Appeals BoardAdministrative law judgePrejudice
References
Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
References
Case No. BAK 0144430 ANA 0384706
Regular

JOSE T. BOCANEGRA (DECEASED), VICTORIA VALDEZ IZAZAGA For Herself and as Guardian Ad Litem For JOAQUIN GOMEZ VALDEZ, A Minor, MALAKIAS GOMEZ VALDEZ, A Minor, EMMA GUZMAN For Herself and as Guardian Ad Litem forJASMYNE BOCANEGRA VALLE, A Minor, GABRIELLA BOCANEGRA, A Minor, vs. SUN-GRO COMMODITIES; STATE COMPENSATION INSURANCE FUND,

This case involves a deceased worker's dependents claiming serious and willful misconduct by the employer. The Workers' Compensation Appeals Board (WCAB) granted removal and deferred the serious and willful misconduct claim despite the employer's objection. The WCAB found that the issue was not properly noticed for trial and bifurcated it to prevent prejudice and ensure due process for all parties involved.

Serious and willful misconductPetition for removalGuardian Ad LitemIndustrial injuryDeath benefitsMandatory settlement conferencePretrial conference statementBifurcationDue processIrreparable harm
References
Case No. ADJ9711633
Regular
Feb 02, 2015

MICHAEL DEAN vs. CENTRAL TRANSPORT, CHEROKEE INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Gino Dean's petition for reconsideration of an order appointing Shannen Patton as guardian ad litem and trustee for a minor applicant. Gino Dean, the decedent's brother and applicant's uncle, lacked standing to challenge the order as he is not a party and failed to demonstrate good cause for removal of the applicant's mother. Furthermore, the order appointing the guardian is not a final award, rendering it ineligible for reconsideration.

Guardian ad LitemTrusteeMinorPetition for ReconsiderationStandingGood CauseNot a Final OrderRemovalExtraordinary RemedySubstantial Prejudice
References
Case No. VNO 450531
Regular
May 30, 2007

Claudia Cisneros, Guardian Ad Litem for Summer Corina Pimentel vs. DAYNITE FACILITIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinded the decision, and returned the case to the trial level for further proceedings. The applicant sought reconsideration regarding denial of penalties for delayed death benefit payments and her attorney sought a higher fee. The Board found no error in denying penalties but remanded the attorney fee issue due to insufficient notice to the applicant. Additionally, the Board noted and will require correction of a clerical error in the original award regarding the weekly payment amount for death benefits.

Guardian Ad LitemDeath BenefitStatutory Death BenefitReconsiderationAwardPetition for PenaltiesUnreasonable DelayStipulated AwardAttorney FeesMandatory Settlement Conference
References
Case No. ANA 0400833
Regular
Aug 18, 2008

WILLIAM GEORGE THOMAS JULIE THOMAS as GUARDIAN AD LITEM and TRUSTEE vs. H&A AUTO, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an award finding industrial injury and permanent total disability. The employer challenged the reliance on the applicant's treating physician's medical reports. The Board affirmed the findings, holding that treating physician reports are admissible under Labor Code sections 4060(b) and 4061.5. The employer failed to rebut the treating physician's opinions by properly invoking independent medical evaluation procedures.

Workers Compensation Appeals BoardGuardian Ad LitemTrusteeIndustrial InjuryAuto MechanicNeck InjuryQuadriplegiaTemporary DisabilityPermanent Total DisabilityTreating Physician
References
Case No. ADJ9888782
Regular
Jun 23, 2015

MARK MEDINA, Deceased, DIANA HERNANDEZ, Guardian ad Litem vs. KWK TRUCKING, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The defendant, KWK Trucking, Inc., sought removal, alleging denial of due process due to improper service and insufficient time to prepare for a mandatory settlement conference. The Workers' Compensation Appeals Board dismissed the petition as moot. This was because the trial, which the defendant sought to vacate, had already proceeded with both parties represented by counsel. The Board found the defendant's participation in the subsequent proceedings rendered their objections to the initial scheduling moot.

Petition for RemovalDue ProcessMandatory Settlement ConferenceDeclaration of ReadinessNotice of RepresentationWCJMinutes of HearingReport and RecommendationApplication for AdjudicationPre-Trial Conference Statement
References
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
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