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

Case No. ADJ1807866 (VNO 0555240)
Regular
Nov 06, 2013

ELVIRA ANAYA vs. GRIMMWAY ENTERPRISES, TRISTAR

This case involves Elvira Anaya's workers' compensation claims against Grimmway Enterprises. The Workers' Compensation Appeals Board (WCAB) has dismissed the Petition for Reconsideration filed by an applicant/defendant/lien claimant. The dismissal is due to the petition being filed untimely, as it was submitted more than 25 days after the Order Amending Finding of Fact issued on July 5, 2013. This failure to meet the statutory filing deadline under Labor Code section 5903 and Code of Civil Procedure section 1013 mandates the dismissal.

Petition for ReconsiderationuntimelydismissalWCABLabor Code section 5903Code of Civil Procedure section 1013Order Amending Finding of Factadministrative law judgeGrimmway EnterprisesTristar
References
Case No. ADJ3024498
Regular
Jul 02, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of *Acosta v. Anaya*. This decision was made after an initial review of the record indicated a need for further study of the factual and legal issues. The WCAB granted reconsideration to ensure a complete understanding and to issue a just decision, ordering all related communications to be filed directly with the Commissioners. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the WCAB.

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE
References
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
Case No. ADJ7518237; ADJ7518238
Regular
Nov 28, 2011

MARCELA ACOSTA vs. FLOYD'S 99 BARBERSHOP, STAR INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case and issued a notice of intent to sanction attorney Daniel V. Anaya $500.00 for unspecified reasons. No objection was filed by Anaya, and the $500.00 sanction was subsequently paid. The WCAB confirms the sanction and acknowledges the payment has been transmitted to the General Fund.

RemovalSanctionsWorkers' Compensation Appeals BoardDaniel V. AnayaFloyd's 99 BarbershopStar Insurance CompanyTower Select Insurance CompanyIllinois Midwest Insurance CompanyGeneral FundBradford & Barthel
References
Case No. ADJ 2542589 [AHM 0109935]
Regular
Aug 26, 2008

EPIFANIO ANAYA vs. MPC INDUSTRIAL PRODUCTS, INC., HARBOR SPECIALTY INSURANCE CO.

The WCAB granted reconsideration, rescinding the June 9, 2008 Findings and Award and returning the matter to the WCJ for further proceedings due to deficiencies in the medical evaluator's apportionment findings.

Workers' Compensation Appeals BoardEpifanio AnayaMPC Industrial ProductsHarbor Specialty Insurance Co.Employers Compensation Insurance Companyindustrial injurypermanent disabilityapportionmentsubstantial medical evidenceDr. Lewis
References
Case No. ADJ8218969
Regular
Feb 05, 2015

JOSE CARRILLO (Deceased) ELVIRA CARRILLO (Widow) vs. ESTERLINE TECHNOLOGIES CORPORATION, ARCH INSURANCE, Administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration of a taken nothing order concerning the death claim of Jose Carrillo, who died of renal cell carcinoma. The initial decision found the widow failed to prove her husband's cancer was industrially caused by toxic exposure during his employment. The Board found the Qualified Medical Evaluator's opinion equivocal and the record insufficient to determine the extent of the decedent's exposure to carcinogens. Therefore, the case was returned to the trial judge for further development of the record regarding chemical exposure and a new determination of industrial causation.

Workers' Compensation Appeals BoardElvira CarrilloJose CarrilloEsterline Technologies CorporationArch InsuranceESISADJ8218969Petition for ReconsiderationFindings and Ordertaken nothing order
References
Case No. ADJ7087449
Regular
Nov 02, 2012

ELVIRA VASQUEZ vs. DEL MONTE FOODS, ZURICH INSURANCE

This case involves a workers' compensation claim by Elvira Vasquez against Del Monte Foods. The defendant sought reconsideration of a prior Appeals Board decision that found applicant sustained an industrial injury and that the defendant failed to prove intoxication was the proximate cause. The defendant argued the applicant's amphetamine use was established and impaired her function, making it a substantial factor in the injury. The Appeals Board denied reconsideration, holding that a positive drug test alone is insufficient to prove intoxication or causation, citing precedent that requires further evidence of impaired function or substantial evidence of causation.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryLabor Code Section 3600(a)(4)Proximate CauseIntoxicationBurden of ProofAmphetaminesDrug TestImpaired Function
References
Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
Case No. ADJ689141 (VNO 0427602)
Regular
May 09, 2013

CHERYL CORRAL vs. COUNTY OF LOS ANGELES, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the WCJ's reasoning. Simultaneously, the Board dismissed the defendant's petition for reconsideration. This dismissal was based on the defendant not being an aggrieved party by the WCJ's decision. The outcome was the denial of the applicant's reconsideration request and the dismissal of the defendant's reconsideration request.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDDISMISSEDaggrievedWCJ's decisionLab. Code§ 5900Mullen & Filippi LLPDaniel Anaya
References
Case No. MON 0305426 (ADJ347040)
Regular
May 07, 2009

Daniel Anaya vs. Ralphs Company

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding vocational rehabilitation maintenance allowance (VRMA) and a penalty for unreasonable delay. The WCAB granted reconsideration, rescinded the WCJ's findings, and returned the case to the trial level for further proceedings. This action was taken to allow the parties to consider a related en banc decision concerning the jurisdiction of a WCJ to enforce Rehabilitation Unit determinations after the repeal of Labor Code Section 139.5. The WCAB encourages informal resolution of the disputed issues.

EAMSShipley v. Workers' Comp. Appeals Bd.Vocational Rehabilitation Maintenance AllowanceVRMALabor Code section 5814(a)penaltyattorney's feesLawrence Weiner v. Ralphs CompanyRehabilitation UnitLC 139.5
References
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