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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. ADJ8837917
Regular
Oct 01, 2015

Deborah Soto vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS (AVENAL STATE PRISON), STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Electronic Waveform Lab, seeking removal of a WCJ's order that limited their access to essential medical records and prematurely closed discovery. The claimant contends this order prevents them from proving the reasonableness and necessity of their treatment, thus violating due process. The Appeals Board granted removal, finding that the claimant's inability to prove their lien without the requested records constituted substantial prejudice and irreparable harm. Consequently, the WCJ's order was rescinded, discovery was reopened to obtain the specified medical records, and the trial date was vacated.

RemovalPetition for RemovalPetition for Medical InformationLien ClaimantMedical Treatment Utilization Schedule (MTUS)Reasonableness and NecessityDue ProcessDiscoveryWCJ's OrderSubstantial Prejudice
References
Case No. ADJ16902678
Regular
May 15, 2025

MARIA ORTEGA vs. MARIANI STONEBARGER, LLC; ZENITH INSURANCE COMPANY

Maria Ortega, the applicant, filed an application for adjudication, which was resolved by an Order Approving Compromise and Release. Lien claimant Electronic Waveform Lab, Inc. (EWL) sought payment for an H-Wave unit provided to the applicant, but its request was denied by Utilization Review and upheld by Independent Medical Review (IMR). The Workers' Compensation Appeals Board (WCAB) found that EWL was not entitled to payment because no appeal of the IMR determination was filed. Consequently, EWL's Petition for Reconsideration was denied due to the WCAB's lack of jurisdiction to review the IMR decision in the absence of a timely appeal.

Independent Medical ReviewPetition for ReconsiderationLien ClaimUtilization ReviewMedical NecessityH-Wave UnitLabor Code Section 4610.6Dubon IIAppeals Board JurisdictionFindings and Award
References
Case No. ADJ9169097 (MF) ADJ9165067
Regular
Aug 09, 2019

Rosa Reyes vs. Nestle USA, ACE American Insurance

This case involved lien claimants whose liens were disallowed because their Labor Code section 4903.8(d) declarations were signed with electronic "S" signatures rather than wet signatures. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, holding that electronic signatures are valid for these declarations. The WCAB found that existing law and prior panel decisions support the use of electronic signatures, aligning with the Uniform Electronic Transactions Act. The matter was returned to the trial level for further proceedings consistent with this ruling.

Labor Code section 4903.8(d)wet signatureelectronic signaturelien claimantsJoint Findings of Fact and OrderElectronic Adjudication Management SystemJET File Business RulesEAMS Rulespenalty of perjuryUniform Electronic Transactions Act
References
Case No. ADJ9350015
Regular
Feb 24, 2017

LAURA SIERRA vs. RUIZ CONTRACTING, STAR INSURANCE COMPANY, Administered by MEADOWBROOKS INSURANCE GROUP, ICW

The Workers' Compensation Appeals Board denied Star Insurance Company's petition for reconsideration. The Board found that Star Insurance failed to meet its burden of proof by a preponderance of the evidence to establish entitlement to contribution. Furthermore, the petition did not adequately explain why new medical evidence was unavailable prior to the close of discovery. Therefore, the petition was denied.

Petition for ReconsiderationArbitrator's ReportBurden of ProofAffirmative of the IssuePreponderance of the EvidenceSubstantial EvidenceMedical OpinionReasonable Medical ProbabilityInadequate Medical HistoriesCumulative Trauma
References
Case No. ADJ7181805
Regular
Sep 17, 2013

MARIA SANCHEZ vs. LONG BEACH UNIFIED SCHOOL DIST.

This case involves a lien claimant whose lien was dismissed for failing to pay the required lien activation fee before a scheduled lien conference. The claimant argued that defense counsel informed them the conference was scheduled in error, but the Board found this was not a valid reason to avoid the fee. The Board affirmed the dismissal, emphasizing that only the Board, not private parties, can cancel a conference. The claimant was also admonished for failing to properly notify the Board of changes in representation.

Lien Activation FeePetition for ReconsiderationOrder Dismissing Lien ClaimLien ConferenceWorkers' Compensation Appeals BoardElectronic Adjudication Management SystemDeath BenefitsOff CalendarCal. Code Regs tit. 8 § 10240(a)Lab. Code § 4903.06(a)
References
Case No. ADJ9921643
Regular
Jul 09, 2019

Katherine Turner vs. CITY OF CULVER CITY

The Workers' Compensation Appeals Board granted reconsideration of a decision that deemed lien claims invalid due to electronic signatures on declarations. The Board found that electronic signatures, specifically the "S signature" format used in electronic filings, are legally sufficient under the Uniform Electronic Transactions Act. Consequently, the prior decision invalidating the liens based on the lack of a "wet" signature was rescinded, and the case was returned for further proceedings. The Board clarified that electronic signatures satisfy the requirements of Labor Code section 4903.8(d) declarations.

Labor Code section 4903.8(d)electronic signaturewet signaturepenalty of perjurylien claimantWorkers' Compensation Appeals BoardOpinion and Order Granting Petition for Reconsiderationfindings of fact and ordersadministrative law judgeUniform Electronic Transactions Act (UETA)
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
References
Case No. ADJ10711762 ADJ10901794
Regular
Dec 24, 2019

DAVID YEREMYAN vs. COMFORT KEEPERS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision that a lien claimant's Labor Code section 4903.8(d) declaration required a "wet signature" for validity. The Board found that an electronically signed declaration, submitted via JET filing, meets legal requirements and is attributable to the signatory. Therefore, the lien claimant's declaration was deemed validly filed on the date of electronic submission, not when the "wet signature" was later provided. The case was remanded to the trial level for further proceedings on the statute of limitations issue.

WCABPetition for ReconsiderationLien ClaimantLabor Code section 4903.8(d)Wet SignatureElectronic SignatureStatute of LimitationsEDEXISJET FilerEAMS
References
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