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

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. MON 0304723
Regular
Jul 15, 2008

KHALIL TANTAWI vs. UNIFORMS, INC., MICROSOURCE MANAGEMENT, INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIM SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision that Granite State Insurance Company and State Compensation Insurance Fund only covered clerical and outside sales staff for Microsource Management, Inc. The Board found the arbitrator's decision lacked required express findings of fact and a determination of rights, and rescinded the decision. The case is returned to the trial level for further development of evidence regarding the applicant's exact job role on the date of injury and to issue a new decision with proper findings and an order.

Workers Compensation Appeals BoardKhalil TantawiUniforms IncMicrosource Management IncGranite State Insurance CompanyAIG Claim Services IncState Compensation Insurance Fundspecial employergeneral employeroutside salesperson
References
Case No. ADJ11088940
Regular
Jun 26, 2025

MARTIN HERRERA vs. B T MANCINI CO INC, BITCO/OLD REPUBLIC INSURANCE CO., ESIS, INC.

The Workers' Compensation Appeals Board reviewed a Petition for Removal, along with the report from the workers' compensation administrative law judge. The Board denied the petition, reiterating that removal is an extraordinary remedy granted only when there is substantial prejudice, irreparable harm, or if reconsideration would not be an adequate remedy. The Board concluded that these criteria were not met, affirming the WCJ's analysis of the petitioner's arguments.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportADJ11088940BT Mancini Co IncBitco Old RepublicESIS Inc
References
Case No. STK 0182326
Regular
Oct 15, 2007

MICHAEL JACKSON vs. ODWALLA, INC, ROYAL INDEMNITY, LABOR READY, LUMBERMAN'S MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Royal Indemnity's petition for removal to address a dispute over equitable reimbursement between defendants ESIS and Royal Indemnity. The core issue is determining Michael Jackson's employer status to resolve which insurer bears full liability for his injury, as the original award finding Labor Ready as the employer was rescinded. The Board rescinded the order taking the case off calendar and returned it to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalFindings and AwardOrder Taking Off CalendarLabor ReadyOdwallaIncRoyal IndemnityESISTemporary Staffing Agency
References
Case No. ADJ10334027
Regular
Feb 24, 2017

MAURICIO VALENCIA ALEJANDRE vs. AEROGROUND INC, XL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by the defendant, Aeroground Inc., challenging an Order setting a trial date. The defendant argued a due process violation due to not being allowed to file a pre-trial conference statement after missing a prior hearing. However, the parties subsequently submitted a Compromise and Release agreement that was approved. Consequently, the Board dismissed the Petition for Removal as moot because the case was resolved.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderPre-trial conference statementDue process violationCompromise and ReleaseOrder Approving Compromise and ReleaseDismissedAdministrative Law JudgeAEROGROUND INC
References
Case No. ADJ356153 (LAO 0887403)
Regular
May 21, 2009

SANTIAGO IBARRA vs. ABM INDUSTRIES, INC., Administered By ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed defendant ABM Industries' Petition for Reconsideration because the WCJ's order compelling a new QME panel was interlocutory, not a final determination of substantive rights. The WCAB also denied defendant's request for removal, finding no substantial prejudice or irreparable harm to justify the extraordinary remedy. The WCJ's prior order had denied defendant's request to compel a medical evaluation and ordered a new QME panel due to concerns about defendant's advocacy letter to the original QME. The WCAB adopted the WCJ's reasoning, deeming the interlocutory procedural order not subject to reconsideration.

Workers' Compensation Appeals BoardABM IndustriesInc.ESISSantiago IbarraPetition for ReconsiderationDenial of RemovalQualified Medical EvaluatorQME paneladvocacy letter
References
Case No. VNO 0518591
Regular
Feb 13, 2008

DOREEN WARD vs. APPLE ONE EMPLOYMENT SERVICES, ESIS, INC.

The Appeals Board granted reconsideration and rescinded the administrative law judge's (WCJ) dismissal of Apple One and ESIS, finding the dismissal was improper without a hearing. The WCJ improperly treated the defendants' petition for dismissal as a motion for judgment on the pleadings, violating procedural rules and due process. The case is returned to the WCJ for actual proceedings on the dismissal petitions and any objections.

Workers Compensation Appeals BoardDoreen WardApple One Employment ServicesESIS Inc.Labor Code section 3208.3(d)psychiatric injuryhostile work environmentpetition for dismissaldue processsection 5813
References
Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
Case No. ADJ9109256
Regular
Oct 27, 2016

STACY GARRAFA vs. SECURITAS SECURITY SERVICES USA, INC.; ESIS

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely. California law allows 25 days to file a petition for reconsideration after a decision is served by mail, with potential extensions for weekends or holidays. However, the petition must be *received* by the Board within this period, not merely mailed. In this case, the petition was filed on September 7, 2016, which was over 25 days after the August 12, 2016 decision. As the filing deadline is jurisdictional, the Board lacked the authority to consider the untimely petition.

Petition for ReconsiderationUntimelyDismissedWCJ decisionFiling deadlineJurisdictionalAppeals BoardMailing vs. FilingOctober 272016
References
Case No. ADJ4455621 (AHM 0086346)
Regular
May 14, 2014

ALVIN CAVALIER vs. BABCOCK & WILCOX; ACE USA, Administered By ESIS, INC.

This case involves Alvin Cavalier's workers' compensation claim against Babcock & Wilcox and its administrator, ACE USA. Cavalier petitioned for reconsideration of a prior decision by the Workers' Compensation Appeals Board (WCAB). The WCAB has denied Cavalier's petition, adopting the reasoning of the administrative law judge and incorporating it into their order.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationAlvin CavalierBabcock & WilcoxACE USAESISInc.ADJ4455621
References
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