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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3525697 (LAO 0534774) ADJ2342373 (LAO 0512482) ADJ1310306 (LAO 0568035) ADJ2645702 (LAO 0519888) ADJ1384751 (LAO 0568036) ADJ2871875 (ANA 0235799)
Regular
Feb 03, 2017

ALICE BRYANT vs. REGENTS OF THE UNIVERITY OF CALIFORNIA, permissibly self-insured, UCLA MEDICAL CENTER; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Alice Bryant's petition for reconsideration of prior dismissed workers' compensation claims and a Labor Code section 132a retaliation claim. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the administrative law judge's findings. The WCAB concluded that Bryant's claims were previously dismissed, with some dismissed by her own request and others for failure to prosecute. Furthermore, the WCAB found that Bryant failed to demonstrate extrinsic fraud and lacked the required diligence to reopen these final dismissals, even with newly discovered evidence.

Workers' Compensation Appeals BoardRegents of the University of CaliforniaSedgwick Claims Management ServicesPetition for ReconsiderationFindings and OrdersWorkers' Compensation Administrative Law JudgeLabor Code section 132aRetaliation claimExtrinsic fraudDismissed claims
References
Case No. WCK 60593
Regular
Mar 28, 2008

SUSANA AGUILAR vs. CUSTOM SENSORS AND TECHNOLOGIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior dismissal order. The defendant argued they were denied due process because they did not receive notice of intention to dismiss, and the dismissal was improper as the main claim was settled, leaving only a contribution issue. The Board agreed that substantial justice warranted a hearing on the merits, remanding the case for further proceedings.

Petition for ReconsiderationOrder of DismissalApplication for Adjudication of ClaimNotice of Intention to DismissDue ProcessCompromise and ReleaseContribution between defendantsReport and RecommendationProof of serviceDismissal of contribution claim
References
Case No. ADJ1896744 (VNO 0528980)
Regular
Mar 09, 2012

RICARDO AGUILAR, RICARDO MORENO vs. ADECCO STAFFING, INSURANCE COMPANY STATE OF PENNSYLVANIA c/o BROADSPIRE SERVICES

This case involves a workers' compensation claim for neck and psyche injuries. The applicant claims he was unaware of any dismissal proceedings for his case. The Board granted reconsideration of the dismissal, finding a lack of proof of service for key dismissal documents. Defendant's counsel is ordered to provide proof of service for the Notice of Intention to Dismiss, the Order of Dismissal, and minutes from a 2010 hearing. The Board will then determine the merits of the applicant's petition.

Petition for ReconsiderationDismissal of ClaimLack of ProsecutionProof of ServiceNotice of Intention to DismissOrder of DismissalWCABWCJIndustrial InjuryForklift Driver
References
Case No. LAO 0843620
Regular
May 23, 2008

Michelle Bloess-Mitchell vs. Brown Bunyan Moon & More, Inc., Zenith Insurance Company

The Workers' Compensation Appeals Board granted reconsideration to clarify an order dismissing an applicant's claim for lack of prosecution. The Board affirmed the dismissal of the applicant's claim but amended the order to explicitly state that jurisdiction is retained over all unresolved lien claims. This amendment aims to prevent confusion and ensure lien claimants, like Dr. Silver, can still litigate their claims.

Workers' Compensation Appeals BoardLien claimantReconsiderationDismissal for lack of prosecutionDue processNotice of Intention to DismissOrder of DismissalWCJIndustrial injuryApplicant's claim
References
Case No. ADJ7242258
Regular
Feb 21, 2012

ANGELICA ALVARADO vs. SIZZLER, INTERCARE, AMERICAN CLAIMS

This case involves an applicant seeking reconsideration of a WCAB order dismissing her workers' compensation claim for lack of prosecution. The applicant's claim was dismissed under WCAB Rule 10582 after the defendant filed a petition and the WCJ issued a notice of intention to dismiss. Although the applicant filed timely objections stating she was continuing discovery and treatment, the WCJ proceeded with the dismissal. The majority denied reconsideration, noting the dismissal was without prejudice, allowing the applicant to refile or seek to set aside the order. One Commissioner dissented, arguing the dismissal abused discretion given the timely objections and that the majority's solution creates unnecessary procedural hurdles, contradicting the system's goal of expeditious resolution.

WCAB Rule 10582Petition for ReconsiderationOrder Dismissing CaseLack of ProsecutionNotice of Intention to DismissGood CauseObjections to DismissalDiscovery ContinuesMedical TreatmentLabor Code Section 5803
References
Case No. ADJ3865022 (LAO 837425) ADJ1234925 (LAO 837426) ADJ4652554 (LAO 889199) ADJ4467339 (LAO 889200)
Regular
Dec 08, 2008

MANUEL VILLARREAL vs. DELUXE LABORATORIES, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board denied Defendant's petition for removal, finding no substantial prejudice or irreparable harm, and dismissed their petition for reconsideration as it was not from a final order. The Board noted that Applicant's refiling of dismissed claims was procedurally irregular and that the WCJ incorrectly denied dismissal on procedural grounds without addressing the substantive issue of good cause for relief from dismissal. The case is returned to the trial level for the WCJ to consider Defendant's contention that Applicant must show good cause to set aside the earlier dismissal order and to potentially dismiss the later-filed applications.

Petition for RemovalPetition for ReconsiderationWCJDismissal Without PrejudiceDuplicate ClaimsStatute of LimitationsLabor Code Section 5405Applications for Adjudication of ClaimNotice of Intention to DismissGood Cause to Set Aside Dismissal
References
Case No. ADJ11276421
Regular
Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors
References
Case No. ADJ8173703
Regular
Mar 29, 2018

NASHEMAN DESAI vs. 7-ELEVEN, MITSUI SUMITOMO MARINE MANAGEMENT (USA) INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a WCJ's decision that dismissed a lien claimant's case due to the applicant's claim being dismissed for lack of prosecution. The WCAB held that the dismissal of the applicant's claim does not automatically dismiss lien claims. Lien claimants become parties by operation of law when the applicant's claim is dismissed, and the WCAB retains jurisdiction to adjudicate these outstanding lien claims. The matter was returned to the WCJ for further proceedings.

Lien claimantReconsiderationJurisdictionDismissalLack of prosecutionLien claimApplicant's claimAppeals BoardWCJLabor Code
References
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