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

Case No. ADJ10258281
Regular
Dec 22, 2020

MARIA VASQUEZ, KAYLYN VASQUEZ vs. SUN HEALTHCARE GROUP DBA PARK WEST CARE & REHAB CENTER, NATIONAL UNION INSURANCE COMPANY

In this case, the WCAB granted reconsideration after the WCJ initially denied the applicants' claim that Hernan Vasquez's death from prostate cancer was work-related. Following a settlement conference, the parties agreed to a compromise and release for $30,000. The WCAB found the settlement adequate and in the applicants' best interest. Consequently, the WCAB rescinded the original Findings and Order and approved the Compromise and Release agreement.

Hernan VasquezMaria VasquezKaylyn VasquezSun Healthcare GroupPark West Care & Rehab CenterNational Union Insurance CompanyBroadspireProstate CancerIndustrial InjuryCompromise and Release
References
Case No. LAO 873064, LAO 875477
Regular
Feb 15, 2008

DIANA VASQUEZ vs. CHOICE ONE FOODS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, remanding the case to the trial level. The Board found that while the applicant's specific injury notification after termination was valid, the date of the claimed cumulative trauma injury was not determined, making it unclear if it was barred by post-termination claim defenses. Therefore, the case must be further developed to determine the date of injury and apply the relevant statutes.

Workers' Compensation Appeals BoardDiana VasquezChoice One FoodsZurich North Americanon-compensable injuriesaoe/coeright hand injuryright upper extremity injurypsyche injuryLabor Code section 3600(a)(10)
References
Case No. SJO 0235006
Regular
Apr 04, 2008

Geronimo Vasquez vs. RAMOS BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered a prior award for Geronimo Vasquez's back injury, adjusting the permanent disability. The Board found that 20% of the applicant's permanent disability should be apportioned to a pre-existing condition, reducing the overall award. The weekly indemnity rate was also corrected from $230.00 to $93.33.

Workers Compensation Appeals BoardGeronimo VasquezRamos Building MaintenanceState Compensation Insurance FundSJO 0235006ReconsiderationPermanent DisabilityApportionmentPre-existing ConditionQualified Medical Evaluator
References
Case No. ADJ244571 (VEN 0110022) ADJ3315572 (VEN 0110023) ADJ3817980 (OXN 0145232) ADJ2004405 (OXN 0145234) ADJ4239471 (OXN 0145235)
Regular
Jan 19, 2010

DIANA HARDMAN vs. COMMUNITY MEMORIAL HOSPITAL, AIG DOMESTIC CLAIMS, INC./CHARTIS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, CALIFORNIA COMPENSATION INSURANCE COMPANY, FREMONT COMPENSATION INSURANCE COMPANY, American Home Assurance

This case involves five workers' compensation claims by applicant Diana Hardman against Community Memorial Hospital, with American Home Assurance (AIG) as a defendant insurer. AIG seeks reconsideration of the WCJ's findings, arguing it should only be liable for permanent disability directly arising from injuries covered by its policies, not those covered by insolvent insurers now handled by CIGA. The Appeals Board granted reconsideration, rescinded the WCJ's decisions, and returned the matter for further proceedings. Key issues include the admissibility of a deposition, the apportionment of permanent disability based on recent appellate decisions, and clarification of liability for injuries that occurred during periods covered by multiple insurers, including insolvent ones.

Workers' Compensation Appeals BoardDiana HardmanCommunity Memorial HospitalAIG Domestic ClaimsCalifornia Insurance Guarantee AssociationBroads PireCalifornia Compensation Insurance CompanyFremont Compensation Insurance CompanyOpinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. AHM 0089837 AHM 0093898
Regular
Aug 06, 2008

LETICIA M. VASQUEZ vs. TRANSWESTERN COMMERCIAL SERVICES, ROYAL & SUN ALLIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision and rescinded it, returning the case to the administrative law judge (WCALJ) for further proceedings. This action indicates the WCAB found the original decision flawed or incomplete and requires further development of the record. The parties retain the right to seek reconsideration of any subsequent decision made by the WCALJ.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsWorkers' Compensation Appeals BoardWCJDecision After ReconsiderationAdministrative Law JudgeRoyal Sun Alliance
References
Case No. ADJ1979366 (SBR 0335915) ADJ4029179 (SBR 0335933)
Regular
Sep 25, 2013

MARY PENA vs. FRITO LAY, ACE AMERICAN INSURANCE

This case concerns the dismissal of liens for failure to timely pay activation fees. The defendant argued that liens from Vasquez Vocational Experts and JAM Medical Equipment should have been dismissed at a lien conference due to non-payment of the activation fee prior to the scheduled conference. While the WCJ did not dismiss the liens, the Appeals Board granted the defendant's petition for removal. The Board found that both lien claimants failed to comply with Labor Code section 4903.06(a)(4), as JAM paid after the conference began and Vasquez paid months later. Consequently, the liens of Vasquez Vocational Experts and JAM Medical Equipment were dismissed with prejudice.

Petition for RemovalLien TrialLien ConferenceLien Activation FeeLabor Code Section 4903.06(a)(4)Dismissal with PrejudiceVasquez Vocational ExpertsJAM Medical EquipmentFigueroa v. B.C. Doering Co.Declaration of Readiness to Proceed
References
Case No. ADJ8799397
Regular
Jul 01, 2014

GABRIEL VASQUEZ vs. CEVA FREIGHT, LLC, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found applicant Gabriel Vasquez was an employee of CEVA Freight, LLC, reversing the original finding that he was an independent contractor. The WCAB determined that CEVA Freight exerted significant control over Vasquez's work, dictating delivery routes, times, and requiring specific attire and truck branding. Factors such as the nature of the work being part of CEVA's core business and Vasquez's limited English proficiency and education further supported the conclusion that he was an employee, not an independent contractor. This decision overturns the administrative law judge's initial order.

Workers' Compensation Appeals BoardEmployee statusIndependent contractorControl of workBorello factorsDistinct occupationSkill requiredInstrumentalitiesMethod of paymentRegular business
References
Case No. AHM 0118044
Regular
Aug 04, 2008

LUCY IBRAHIM vs. SHERWOOD MANAGEMENT COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision to disallow part of a lien filed by Dr. J. Carlos Vasquez. The Board found the reasonable value of Dr. Vasquez's services to be in accordance with Labor Code section 4504.5(d)(1) and the Official Medical Fee Schedule, with the remaining balance of the lien disallowed. The original decision was otherwise affirmed.

Workers' Compensation Appeals BoardReconsiderationAmended DecisionLienLabor Code section 4504.5(d)(1)Official Medical Fee SchedulePhysical TherapyExaminationsX-raysInclinometer range of motion
References
Case No. WCK 0071841
Regular
Aug 26, 2008

VICTOR VASQUEZ vs. COUNTY OF ALAMEDA

The WCAB rescinds the prior decision and returns the matter to the trial level to determine if the applicant is a qualified injured worker (QIW) and other related issues.

Workers' Compensation Appeals BoardVictor VasquezCounty of AlamedaReconsiderationFindings Award OrderAdministrative Law JudgeIndustrial InjuriesRight Shoulder InjuryLeft Shoulder InjuryTruck Driver
References
Case No. ADJ4236385 (OXN 0129675)
Regular
Jun 17, 2013

HILARIO VASQUEZ vs. ABEL AUTOMATICS, EMPLOYERS COMPENSATION

The Workers' Compensation Appeals Board granted reconsideration to further study the case of Hilario Vasquez. The Board amended the original award to find that Vasquez is entitled to medical treatment for gastrointestinal and urological/sexual dysfunction conditions. However, the Board affirmed the original finding of 82% permanent disability, rejecting the applicant's claims of total disability and error in the determination of these conditions. The decision emphasizes that while these specific conditions did not warrant an increase in permanent disability, they are compensable for treatment purposes as a consequence of the industrial injury.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryGastrointestinal ConditionUrological Sexual DysfunctionPermanent DisabilityMedical TreatmentCompensable ConsequenceStipulated Award
References
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