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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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. ADJ8613826
Regular
May 02, 2016

WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationNotice of Intention to DismissCompromise and ReleaseDue processNotice of Lien ConferenceAdministrative law judgeRescindVoid ab initio
References
Case No. ADJ4124248
Regular
Jan 16, 2018

MATEO BARDALES vs. SUPERIOR CONSTRUCTION, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claimant. The claimant argued due process was violated due to lack of notice. The Board found no proof of service for notices of hearing or intention to dismiss, supporting the claimant's position. Consequently, the dismissal order was rescinded, and the matter was returned for further proceedings.

Petition for ReconsiderationOrder Dismissing LienDue Process ViolationNotice of Intention to DismissProof of ServiceEAMSLien ConferenceWCJ OrderRescind OrderReturn to Trial Level
References
Case No. ADJ11155531
Regular
Apr 01, 2020

PATRICK ALLEN vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CO.

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinded an order compelling attendance at a medical examination, and returned the matter for further proceedings. The Board found the order violated due process because the applicant did not receive prior notice or an opportunity to be heard. The WCJ issued the order as a "walk-through document" without adhering to the required notice of intention procedure. The Board emphasized that due process requires notice and an opportunity to challenge adverse actions before they are issued.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationDue ProcessNoticeOpportunity to be HeardPetition to Compel AttendanceAgreed Medical Evaluator (AME)Walk-through documentWCAB Rule 10789(h)
References
Case No. ADJ9077157
Regular
Jan 24, 2017

JOHN BIRTWELL vs. OAKLAND ATHLETICS, ACE, USA administered by SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing Mesa Medical Group's lien. The dismissal occurred because no objection was received to a Notice of Intention (NIT) for failure to appear at a lien conference. Although the objection was filed by CA Med Management, which had not formally filed a notice of representation, the WCAB found that due process requires a hearing on the merits of the lien claim. The case is returned to the trial level to determine if Mesa Medical Group has sufficient grounds for relief from its non-appearance.

Petition for ReconsiderationOrder Dismissing LienNotice of Intention (NIT)Lien ConferenceDeclaration of Readiness to Proceed (DOR)Objection to Notice of IntentionCA Med ManagementNotice of RepresentationLabor Code section 4903.6(b)WCAB Rule 10774.5
References
Case No. ADJ2652722 (VNO 0436560)
Regular
Jul 31, 2015

ABDULLAH JOMAA vs. ROOHANIS 76 STATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INDEMNITY COMPANY, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's order allowing a physician's lien. The defendant argued it was denied due process due to lack of notice regarding the lien and subsequent proceedings. The WCAB found the defendant was indeed denied due process because they did not receive adequate notice of the lien claim or the proceedings. Consequently, the WCAB rescinded the WCJ's order and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien conferenceDue processNoticeDeclaration of Readiness to ProceedStatute of limitationsLachesOrder Approving Compromise and ReleaseNotice of Intention to allow lien
References
Case No. ADJ7928392
Regular
Aug 13, 2013

MARTIN SAN AGUSTIN vs. DEARDORFF JACKSON CO., SEABRIGHT INSURANCE COMPANY

This case involves a lien claimant's request for reconsideration after its lien was dismissed for failure to pay an activation fee. The Appeals Board granted reconsideration, finding that the lien claimant's attorney did not receive notice of the lien conference, a violation of due process. Therefore, the Board rescinded the dismissal order and returned the matter to the trial level for further proceedings regarding the lien.

Lien Activation FeePetition for ReconsiderationLien ConferenceDue ProcessNotice of RepresentationEAMSWCJLabor Code Section 4903.06(a)(4)Notice of HearingService of Notice
References
Case No. ADJ10871045 ADJ10871047 ADJ10871049
Regular
Feb 19, 2019

XAVIER HERNDON vs. BENIHANA, INC.; ZURICH NORTH AMERICA

The Appeals Board granted reconsideration and rescinded the WCJ's order commuting all future payments to a lump sum. The Board found the commutation order violated defendant's due process rights by failing to provide notice and an opportunity to object or present evidence. The matter is returned to the trial level for further proceedings, including notice and a potential hearing on the commutation request.

Order of CommutationPetition for ReconsiderationDue ProcessNoticeOpportunity to be HeardWCJWorkers' Compensation Appeals BoardLump SumStipulationsAward
References
Case No. ADJ3395089 (STK 0177203)
Regular
Mar 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns a monetary sanction proposed against attorney Michael Linn by the Workers' Compensation Appeals Board (WCAB). Linn objected to the sanction, claiming he was denied due process due to a discrepancy in the service date of the WCAB's Notice of Intention. While the Notice stated a February 13, 2009 service date, Linn's evidence indicated actual service on February 17, 2009. Despite this, the WCAB acknowledges the discrepancy but notes Linn's objection was timely based on the actual service date. Consequently, the WCAB grants Linn an additional five days to file further objections.

Workers' Compensation Appeals BoardMonetary SanctionsMichael LinnEsq.Notice of IntentionGood CauseDue ProcessRequisite NoticeObjectionsTimely Response
References
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