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

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. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
References
Case No. ADJ2661017
Regular
May 17, 2010

HECTOR AGUILAR vs. AMZ PACKAGING, INC., EVEREST NATIONAL INSURANCE COMPANY

This case concerns a dispute over the division of attorneys' fees between former counsel, Lionel Giron, and current counsel, Charles Clark, from a settlement of $25,000. The WCJ initially awarded $600 to Giron and $3,150 to Clark. After a contested hearing involving allegations of fraud by Clark against Giron, the WCJ issued an order vacating the prior division. Due to contested notice issues and alleged prior commitments preventing Giron's appearance at a subsequent hearing, the Appeals Board granted reconsideration. The Board rescinded the WCJ's February 23, 2010 Findings and Order and returned the matter for a new hearing to allow Giron to present his case on fee division.

Workers' Compensation Appeals BoardADJ2661017LAO 0841910AMZ PackagingInc.Everest National Insurance CompanyLien claimantReconsiderationWCJ Findings and OrderCompromise and Release
References
Case No. ADJ17817958; ADJ17817957
Regular
Oct 13, 2025

STEPHANIE TOVAR vs. UNITED PACIFIC, EVEREST PREMIER INSURANCE CO.

This case involves a petition for removal filed by the defendant against an order taking the matter off calendar. The defendant contended that the issue of its affirmative defense under Labor Code section 3208.3(d) should be bifurcated and proceed to trial. The Workers' Compensation Appeals Board (WCAB) granted the petition for removal, but not for the reasons argued by the defendant regarding bifurcation. Instead, the WCAB granted removal solely to address the issue of sanctions, finding that the defendant's petition was frivolous and potentially filed in bad faith due to fabricated citations and misrepresentations of legal precedents. The WCAB issued a Notice of Intention to impose sanctions of up to $2,500.00 jointly and severally against the defendant parties and their attorneys.

RemovalSanctionsLabor Code section 3208.3(d)Frivolous FilingBad Faith ActionsWCJ DiscretionBifurcationPrejudiceIrreparable HarmReconsideration
References
Case No. ADJ4205101
Regular
Jul 23, 2013

SUSAN HECHT vs. WARNER BROTHERS, INC.

This case involved an applicant claiming an industrial injury to her psyche, digestive system, and head, stemming from a change in overtime policy. The defendant argued the psychological injury was non-compensable under Labor Code sections 3208.3(b)(2) and 3208.3(h), as it arose from a good faith personnel action. However, the Board affirmed the WCJ's award, adopting the WCJ's report which found the injury compensable despite the personnel action. The Board also ordered the matter returned to the WCJ to determine the reasonable value of medical treatment provided by lien claimants.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPsycheDigestive SystemHeadSleep DisorderTemporary DisabilityEmployment Development DepartmentLien Claimants
References
Case No. ADJ7479879
Regular
Feb 21, 2014

Gregory Foster vs. Toronto Raptors, Chubb Group Insurance (Federal Insurance Company), Milwaukee Bucks, Los Angeles Lakers, TIG Insurance Company

This case involves a remand from the Court of Appeal for the Workers' Compensation Appeals Board (WCAB) to award additional attorney fees to the applicant's attorneys. The Court of Appeal's order, which has become final, was based on services rendered in connection with the defendant's petition for a writ of review. The WCAB determined that $3,500.00 is a reasonable fee, considering the attorney's efforts, the appellate outcome, and the complexity of the work. Consequently, the Board awarded this amount for appellate attorney fees against the defendant Toronto Raptors, insured by Federal Insurance Company.

Workers' Compensation Appeals BoardLabor Code § 5801Petition for Writ of Reviewappellate attorney's feessupplemental awardremandCourt of AppealFourth Appellate DistrictDivision 3Employers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd. (Rodriguez)
References
Case No. ADJ7560161
Regular
Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability
References
Case No. ADJ17425906, ADJ17425907
Regular
Sep 19, 2025

JOSE PEREZ vs. LA GONDOLA RESTAURANT, PREFERRED PROFESSIONAL INSURANCE COMPANY, administered by Omaha National Underwriters, LLC

The Workers' Compensation Appeals Board granted reconsideration of a prior order regarding interpreter fees for a workers' compensation applicant. The Board is reviewing the WCJ's decision concerning whether interpreter services for deposition preparation and a compromise and release were reasonably necessary and billed appropriately under relevant regulations. The Board specifically noted that the interpreter's certification and the establishment of a market rate for services require further examination. A final decision will be issued after this comprehensive review.

AD Rule 9795.3(b)(2)AD Rule 9795.3(7)(b)(1)cost petitionerLRA InterpretersInc.market rateinterpreter certificationdeposition preparationCompromise and ReleaseC&R
References
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ8411218
Regular
Jul 07, 2014

Rafael Becerra vs. PV MART dba BUY LOW MARKET, INC., EMPLOYERS COMPENSATION INSURANCE CO., KEYANOOSH GHAMARI dba CODE 3 SECURITY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the Uninsured Employers Benefits Trust Fund's petition for reconsideration. Applicant's petition was granted to amend the original Findings and Order. The Board found that PV Mart dba Buy Low Market, Inc. was not a special employer of the applicant, Rafael Becerra. Consequently, PV Mart and its insurer were dismissed as party defendants, and the applicant was deemed an employee of Keyanoosh Ghamari dba Code 3 Security at the time of injury.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundSpecial Employment RelationshipGeneral EmploymentBorrowing EmployerLending EmployerRight to ControlCredibility DeterminationBuy Low MarketCode 3 Security
References
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