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

Case No. ADJ710353 (VNO 0479290)
Regular
Jun 04, 2012

DIMAS POSADA vs. PARKWOOD LANDSCAPE & MAINTENANCE, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration because it was filed untimely. The WCAB determined that the petition was submitted 36 days after the Order Dismissing Lien Claim was served, exceeding the statutory 20-day period plus an additional five days for mail service. As a result, the WCAB lacked jurisdiction to review the merits of the lien claimant's arguments. The lien claimant had argued the dismissal was due to a missed hearing caused by a file transfer and timely responded to a notice.

WCABADJ710353VNO 0479290Dimas PosadaParkwood Landscape & MaintenanceEverest National Insurance CompanyBel Air Surgical InstituteExpert Medical ReviewOrder Dismissing Lien ClaimNotice of Intention to Dismiss Lien
References
Case No. ADJ2078638
Regular
Jun 07, 2010

Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company

The applicant, Gloria Rivas, sought reconsideration of a prior Board decision that overturned a finding deferring determination on her psyche injury claim. The Board found the judge exceeded his authority by deferring the decision after the medical evidence presented was deemed not substantial. The applicant argued procedural errors related to trial scheduling, but the Board found the applicant stipulated to readiness for trial on the psyche injury issue, despite knowing her medical evidence was challenged as inadequate. Therefore, the Board denied reconsideration, reaffirming its decision to rule on the psyche injury claim based on the existing record.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order DenyingGloria RivasPosada WhittierMajestic Insurance CompanyADJ2078638LAO 0887310Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ8409144
Regular
Nov 16, 2016

STEPHANIE WILSON vs. SAN DIMAS COMMUNITY HOSPITAL, THE HARTFORD INSURANCE COMPANY, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied reconsideration of a prior award to applicant Stephanie Wilson. The Board adopted the WCJ's report, which found the defendant's petition untimely filed. Furthermore, the WCJ's credibility determination regarding the applicant's back injury was given great weight, with no substantial evidence presented to overturn it. The Board concluded there was no evidence of considerable substance warranting rejection of the WCJ's decision.

Workers Compensation Appeals BoardSan Dimas Community HospitalThe Hartford Insurance CompanyCorvel CorporationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGarza v. Workmen's Comp. Appeals Bd.Labor Code § 5903Findings and AwardAmended Application For Adjudication of Claim
References
Case No. ADJ4359205
Regular
Aug 07, 2013

HECTOR GONZALEZ vs. DIMAS ERNESTO RAMOS, BZZZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, PACIFIC SPECIALTY INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

This case concerns a petition for reconsideration in a workers' compensation matter where the applicant, Hector Gonzalez, claimed injury while working on a construction project. The defendant, Dimas Ernesto Ramos, contested that he was the employer, arguing Gonzalez was an independent contractor or a residential employee. The Administrative Law Judge found Ramos to be the employer based on extensive contradictions in Ramos's testimony and the credible testimony of others, establishing an employer-employee relationship. The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's findings and giving them great weight.

WCABPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.construction projectbuilder-ownerlicensed general contractorBZZZ ConstructionState Compensation Insurance Fund
References
Case No. ADJ7541189
Regular
Jul 22, 2013

MARIA DEL CARMEN POSADA vs. MICHAEL JOSEPH FURIE SALON, REPUBLIC INDEMNITY

This case involves a lien claimant seeking reconsideration of an order dismissing its lien. The Workers' Compensation Appeals Board dismissed the petition because the claimant was not a party to the case in which the order was issued, therefore it was not aggrieved by the order. The Board noted procedural issues with the original order's service and the judge's subsequent attempt to vacate it. However, the dismissal of the petition for reconsideration stands, and the lien claimant may still pursue its claim in the proper case or file a new lien.

Petition for ReconsiderationLien ClaimantWCJ OrderLabor Code Section 5900Aggrieved PartyCompromise and ReleaseLien ConferenceADJ NumbersWCABVacate Order
References
Case No. ADJ2078638 (LAO 0887310)
Regular
Mar 15, 2010

GLORIA RIVAS vs. POSADA WHITTIER/BERG SENIOR SERVICES, MAJESTIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to reverse a judge's decision to further develop the record on applicant Gloria Rivas' claim of psychological injury. The Board found that the applicant's psychiatric evidence lacked an adequate history, and she was put on notice of this deficiency prior to trial. Therefore, the Board determined she was not entitled to a second opportunity to supplement her case. Consequently, the Board amended the Findings and Award to find that the applicant did not sustain an industrial cumulative trauma injury to her psyche, while upholding the findings of injury to her bilateral upper extremities and neck.

cumulative traumabilateral upper extremitiesneck injurypsyche injuryhousekeepingindustrial injurymedical evidencesupplemental reportDeclaration of ReadinessMandatory Settlement Conference
References
Case No. ADJ10075857
Regular
Mar 26, 2019

VICTORINO POSADAS (DECEASED) vs. A & N SERVICE STATION INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed defendant's petition for reconsideration of an order rescinding a prior dismissal of the applicant's claim. The Board found the rescission order was not a final decision and thus not subject to reconsideration. However, the Board granted removal, rescinded the rescission order, and returned the matter to the trial level. This action was taken due to a lack of proceedings record, preventing review of the basis for rescinding the initial dismissal. The WCJ will now reconsider the petition to reopen, venue change, and potential consolidation with a death claim.

WCABPetition for ReconsiderationPetition for RemovalOrder Rescinding Order of Case DismissalDismissal without prejudicePetition to ReopenNew and Further DisabilitySubstitution of AttorneysDeath ClaimLack of Prosecution
References
Case No. ADJ8067245
Regular
Apr 23, 2015

ISABEL DIMAS vs. CLIFTON'S CAFETERIA, STAR INSURANCE COMPANY, Administered By ILLINOIS MIDWEST INSURANCE AGENCY, LLC, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Preferred Scan, Inc.'s petition for reconsideration. The Board affirmed the administrative law judge's decision to dismiss Preferred Scan's lien for failing to meet its burden of proof. Specific grounds for dismissal included failure to establish reasonableness and necessity of charges, improper service of exhibits, and inadequate evidence preparation. While the lien claimant's services could have been considered legitimate medical-legal costs for a contested claim, the other evidentiary failures were sufficient to uphold the lien's dismissal.

Lien claimantPetition for ReconsiderationWCJFindings and OrdersDismissed lienBurden of proofAOE/COEMedical-legal costsContested claimReasonableness and necessity
References
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