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

Case No. ADJ1242039
Regular
Oct 27, 2014

JAVIER SAMPEDRO vs. CAMPANILE RESTAURANT, MID-CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration because the original order denying service of medical reports was not a final determination. The WCAB granted removal on its own motion, rescinded the trial judge's order, and returned the case to the trial level. This action was taken because the lien claimant reasonably relied on the EAMS database for service addresses, which was initially misleading regarding the defendant's attorney's office. The WCAB determined that penalizing the lien claimant for this reliance would not serve justice.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationPetition for ServiceDefective ServiceEAMS databaseRemovalWCJ OrderSubstantive RightBurden of Proof
References
Case No. ADJ7552656
Regular
Dec 07, 2017

JOSE HERNANDEZ vs. MONTY'S PRIME STEAK AND SEAFOOD, SEQUOIA INSURANCE

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, finding that the statutory time limit to act on the petition was tolled due to administrative delays in receiving the petition from the district office. Although the defendant claimed to have uploaded a Notice of Hearing into EAMS, this document was not visible to the Board at the time of their review. The Board remanded the case to the Workers' Compensation Administrative Law Judge for a hearing to resolve disputes regarding the notice and its upload into EAMS.

EAMSPetition for ReconsiderationDue ProcessTollingNotice of HearingWCJ ReportLien DismissalRemandStipulationAdjudication Management System
References
Case No. ADJ2217160
Regular
Jul 16, 2012

ALICIA NEGRETE vs. MARRIOTT INTERNATIONAL, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board granted defendants' petition for reconsideration because a crucial document, their First Amended Petition for Penalties, was missing from the EAMS record. This missing petition was referenced in their petition for reconsideration and is essential for a complete understanding of the case. The Board will dismiss the defendants' petition for reconsideration unless they provide a copy of the referenced document within 15 days. All future filings must be sent directly to the Appeals Board Commissioners' office, not district offices or EAMS.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFirst Amended Petition for PenaltiesCosts and SanctionsEAMSNotice of Intention to DismissAdmitted EvidenceStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
Case No. ADJ10227826
Regular
Mar 02, 2020

CARMEN PINEDA vs. MISSION FOODS (GRUMA CORPORATION), ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration of the applicant's petition because of discrepancies regarding its timely filing. While the applicant's attorney signed the petition on December 30, 2019, and the EAMS filing date shows December 31, 2019, the applicant must provide definitive proof of filing on December 30, 2019. Failure to provide this proof, including an EAMS Batch ID, will result in the petition being dismissed as untimely. The Board is issuing an Order to Show Cause why the petition should not be dismissed.

WCABPetition for ReconsiderationEAMSFiling DateTimelinessElectronic FilingBatch IDProof of ServiceReconsideration GrantedNotice of Intention to Dismiss
References
Case No. ADJ4522362 (VNO 0399188) ADJ537923 (VNO 0548972)
Regular
Sep 21, 2009

CELESTE LILJEBLAND-THOMAS vs. BARONE'S RESTAURANT, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendant's untimely vocational rehabilitation appeal. The WCJ had dismissed the appeal, finding it was filed late on May 4, 2009, rather than by the January 19, 2009 deadline. Conflicting evidence exists regarding the appeal's mailing date and subsequent processing by the Rehabilitation Unit, complicated by issues with the new Electronic Adjudication Management System (EAMS). Therefore, the case is returned to the trial level for further proceedings and a new decision to clarify the circumstances of the appeal's filing and entry into EAMS.

Workers' Compensation Appeals BoardRehabilitation UnitVocational Rehabilitation AppealTimelinessFindings and OrderReconsiderationState Compensation Insurance FundElectronic Adjudication Management SystemEAMSDeclaration of Readiness to Proceed
References
Case No. ADJ3912308 (LBO 0367834)
Regular
Nov 16, 2012

LEOPOLDO SIMOTA vs. AMERICAN NURSERIES, VIRGINIA SURETY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration, upholding the administrative law judge's decision to disallow the lien. The lien claimant argued they had submitted sufficient evidence via EAMS, but the Board clarified that filing in EAMS does not equate to submitting admissible evidence for evaluation. The Board emphasized that proper evidentiary procedures must be followed, citing due process and fundamental rules of evidence submission. Consequently, the lien claimant's failure to properly present evidence led to the denial of their petition.

Workers' Compensation Appeals BoardLien claimantUniversity Imaging CenterPetition for ReconsiderationOrder denyingWCJEAMSsubmission of evidenceadmissibilitydue process
References
Case No. ADJ3979004 (LAO 0862878) ADJ1142637 (LAO 0862879)
Regular
Jun 10, 2013

TERESA RAMOS vs. KDK INVESTMENT, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order dismissing a lien claim for failure to pay a lien activation fee. The lien claimant presented evidence of an EAMS system error preventing timely payment the day before the conference. The WCAB set aside the dismissal, finding it unjust to burden a party with system inadequacies, and returned the case for further proceedings. However, the WCAB cautioned that future dismissals for similar reasons will require a stronger showing of diligence and immediate reporting of EAMS failures.

Lien activation feeEAMS errorWorkers' Compensation Appeals BoardReconsiderationLien conferenceLabor Code section 4903.06Dismissal of lienInterests of justiceDiligenceMultiple attempts to pay
References
Case No. ADJ4563910
Regular
Mar 26, 2013

JOSE R. MEJIA vs. BARRETT BUSINESS SERVICE

The Workers' Compensation Appeals Board denied reconsideration of the dismissal of a lien claim filed by Accident Injury & Family Therapy, represented by Innovative Medical Management. The lien was dismissed with prejudice for failure to pay the required activation fee, a mandatory requirement under Labor Code § 4903.6(a)(4) for lien conferences after January 1, 2013. Despite claims of technical difficulties with the EAMS system, the lien claimant provided no proof of their alleged payment attempts or contact with the EAMS Help Desk. The Board also admonished the lien claimant for potentially making false representations in their petition.

WCABPetition for ReconsiderationWCJ reportWCAB Rule 10842(a)lien claimantInnovative Medical ManagementsanctionsLabor Code section 5813lien dismissallien activation fee
References
Case No. ADJ1882680 (MON 0043535)
Regular
Dec 19, 2014

REBECCA JONES vs. CITY OF LOS ANGELES, DISTRICT ATTORNEY'S OFFICE

Applicant sought disqualification of the WCJ due to alleged inability to be fair and disregard for the expedited hearing timeframe. The Board denied the petition, finding no specific factual basis for the bias claim. The WCJ has no control over EAMS' automatic hearing scheduling process. Therefore, the delay in processing the applicant's request was not attributable to the WCJ.

WCABPetition for DisqualificationExpedited HearingAdministrative Law JudgeEAMSFindings Award and OrderFindings and OrderInjuryPsycheIrritable Bowel Syndrome
References
Case No. ADJ10871261
Regular
Nov 28, 2018

OSCAR GONZALEZ vs. TRES GENERACIONES, SECURITY NATIONAL INSURANCE administered by RISICO CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed Oscar Gonzalez's petition for reconsideration as untimely. The petition was filed electronically via EAMS after 5 p.m. on the last day it could be deemed timely. Therefore, it was legally deemed filed on the next court day, making it late. The WCAB has no jurisdiction to consider untimely petitions.

Petition for ReconsiderationUntimely FilingEAMSJurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardFindings of FactService MethodCredibility DeterminationsWCJ Report
References
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