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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ6959869
Regular
Nov 12, 2013

DAVID BODIN vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS CLAIMS INC.

The Workers' Compensation Appeals Board granted reconsideration of an order that dismissed "Entertainment Partners" as a party defendant with prejudice. The applicant sought to have the dismissal be without prejudice to allow for potential rejoining of the defendant. The Board agreed with the judge's recommendation to amend the dismissal order. Therefore, Entertainment Partners is dismissed without prejudice, allowing the applicant to potentially rejoin them if further discovery warrants.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative Trauma InjuryDismissal Without PrejudiceFinal OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law JudgeRejoin Defendant
References
Case No. ADJ8902882
Regular
Jan 08, 2016

Veronica Sanchez vs. TJX Companies/Marshalls of California, LLC, Zurich American Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior dismissal order. The original dismissal was issued because lien claimant Able Physical Therapy failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss. However, the WCAB found that the dismissal order erroneously dismissed the entire application, not just Able's lien, which was the scope of the notice. The WCAB also noted that Able claimed a settlement had been reached prior to the conference.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJPro PerLien ClaimantSettlementLack of Communication
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. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
References
Case No. ADJ10793351
Regular
Sep 23, 2019

PHILLIP PUCCIARELLO vs. UNIVERSAL PROTECTION SERVICE, permissibly self-insured dba ALLIED, UNIVERSAL SECURITY, ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) dismissed defendant's petition for reconsideration because the WCJ's order denying dismissal was not a final order. However, the WCAB granted the defendant's petition for removal. The WCAB found the defendant's initial notice of intent to dismiss was properly served and rescinded the WCJ's denial of dismissal. The matter was returned to the WCJ to issue a ten-day notice of intention to dismiss for failure to prosecute, as defendant's independent investigation of mail delivery was improper.

WCABPetition for ReconsiderationPetition for RemovalWCAB Rule 10582Petition to DismissFailure to ProsecuteOrder Denying Petition for DismissalApplicantDefendantAdministrative Law Judge
References
Case No. ADJ4250427 (MON 0359204)
Regular
Sep 16, 2011

ANA AGUILAR vs. METRO BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Ana Aguilar's claim for lack of prosecution. The Board found that applicant's attorney was relieved as counsel and had lost contact with the applicant prior to the dismissal order, raising due process concerns. The dismissal order was based on a defendant's petition and a notice of intention to dismiss, but the Board found no evidence that the applicant actually received these notices. Therefore, the matter was returned to the trial level to ensure the applicant has an opportunity to be heard.

WCAB Rule 10582dismissal for lack of prosecutionex parte orderdue processlack of noticepetition for dismissalnotice of intention to dismissmotion to be relieved as counselcumulative traumamaintenance worker
References
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
Case No. ADJ9785760
Regular
Jan 17, 2017

MARGARITO SANDOVAL vs. RECANA, LLC, UNINSURED; NINA'S MEXICAN FOOD

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding it was improperly filed against an order that was not a final determination. The WCAB also denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted by the circumstances. The WCJ had properly vacated an order of dismissal without prejudice, retaining jurisdiction and allowing the applicant to pursue their claim. The Board found no substantial prejudice or irreparable harm to the defendant.

Petition for ReconsiderationPetition for RemovalOrder Vacating Order of DismissalDismissal without prejudicePetition for Dismissal for Lack of ProsecutionNotice of Intention to DismissLabor Code section 5410Labor Code section 5803substantial justiceextraordinary remedy
References
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