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

Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ10250093
Regular
Dec 22, 2016

DENIS PADILLA vs. BARRETT BUSINESS SERVICES, INC.

This case concerns an applicant, Denis Padilla, versus their employer, Barrett Business Services, Inc. The Workers' Compensation Appeals Board (WCAB) has denied Padilla's Petition for Reconsideration in this matter. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been formally denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOpinion on DecisionPermit Self-InsuredADJ10250093Pomona District OfficeDenying PetitionWCJ ReportAdopted Opinion
References
0
Case No. ADJ1662150 (LAO 0883291) ADJ3538875 (LAO 0869896)
Regular
Apr 08, 2011

CLAUDIA LARRAVE vs. BERNARD'S PARKING SERVICES, INC., CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration for case ADJ3538875 regarding cumulative trauma injury. However, they granted reconsideration for case ADJ1662150, affirming the finding of industrial injury to the applicant's back, neck, and psyche with 23% permanent disability. The Board also amended the award to allow the applicant's former attorney to pursue their lien, ordering current counsel to hold their fee in trust pending resolution. Defendant's request for credit for advances from another employer was denied as it was raised for the first time on reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsIndustrial InjuryPermanent DisabilityAttorney's FeesCumulative TraumaLabor Code Section 5405Substantial Medical EvidencePermanent Disability Advances
References
0
Case No. ADJ6825643
Regular
Dec 14, 2010

ESPERANZA TORRES vs. RESCUE MISSION ALLIANCE, ZENITH WOODLAND HILLS

This is an Order Denying Reconsideration from the Workers' Compensation Appeals Board. The Board adopted the WCJ's report and denied the applicant's petition for reconsideration. The Board gave great weight to the WCJ's credibility findings, which formed the basis for denying reconsideration.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ Credibility FindingGarza v. Workmen's Comp. Appeals Bd.Rescue Mission AllianceZenith Woodland HillsADJ6825643ApplicantDefendantAdministrative Law Judge
References
1
Case No. ADJ540138 (LAO 0879553)
Regular
Apr 26, 2005

GEORGE RODRIGUEZ vs. USF BESTWAY, GALLAGHER BASSETT RANCHO CUCAMONGA

This is an Order Denying Reconsideration from the Workers' Compensation Appeals Board. The Board reviewed the petition for reconsideration and the WCJ's report. It adopted and incorporated the WCJ's reasoning in its decision to deny the petition. Therefore, the applicant's request for reconsideration has been formally denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWorkers' Compensation Administrative Law Judgedenied reconsiderationUSF BESTWAYGALLAGHER BASSETTGEORGE RODRIGUEZADJ540138LAO 0879553
References
0
Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)
Regular
Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue
References
7
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ9214889
Regular
Dec 08, 2014

JIE BAI vs. PEBBLE BEACH, INTERCARE

This case involves applicant Jie Bai's petitions for reconsideration and removal stemming from two separate orders by the Workers' Compensation Judge. The Workers' Compensation Appeals Board denied both petitions, adopting the judge's reasoning. Reconsideration was denied regarding sanctions imposed on applicant's attorney for a late appearance, finding the attorney's tardiness and lack of excuse justified the sanction. Removal was denied regarding a change of venue to Salinas, as the judge found good cause based on the applicant's residence, injury location, and logistical convenience, despite the applicant's counsel's objections.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Imposing SanctionsOrder Changing VenueWorkers' Compensation JudgeLabor Code §5813Title 8CCR §10561Failure to Appear
References
0
Case No. ADJ1178440
Regular
Apr 05, 2010

ERNESTO VENTURA vs. BMW OF NORTH AMERICA, ZURICH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies reconsideration of a prior decision. The applicant argued the defendant's petition for reconsideration was untimely, but the Board found it was timely filed because the 25th day following service was a Sunday. The Board adopted the WCJ's report and reasoning, incorporating it into its decision to deny the petition. Therefore, the defendant's petition for reconsideration has been denied.

WCABPetition for ReconsiderationUntimely filingCal. Code Regs. tit. 8 § 10508Sunday computationDenied reconsiderationADJ1178440ZURICH AMERICAN INSURANCE COMPANYBMW OF NORTH AMERICAERNESTO VENTURA
References
0
Case No. ADJ3851267
Regular
May 29, 2009

RICARDO LARA vs. JJJ PALOMOS STEEL, STATE COMPENSATION INSURANCE FUND

In Case No. ADJ3851267, the Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision. The applicant, Ricardo Lara, sought relief, but the WCAB adopted and incorporated the workers' compensation administrative law judge's report. This report provided the reasons for denying reconsideration, though those specific reasons are not detailed in this order. Consequently, the petition for reconsideration was formally denied by the Board.

Denial of ReconsiderationWorkers' Compensation Appeals BoardJJJ Palomos SteelState Compensation Insurance FundWCJ ReportAdopt and IncorporatePetition for ReconsiderationADJ3851267LAO 0824515Ricardo Lara
References
0
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