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

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. 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. ADJ3717786 (SAL 0117743)
Regular
May 14, 2013

ANGELINA CARRILLO vs. MONTEREY MUSHROOMS, INC., ACCLAMATION INSURANCE MANAGEMENT SERVICES, INC.

This case involves Angelina Carrillo's workers' compensation claim against Monterey Mushrooms, Inc. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the initial decision. The WCAB affirmed the prior decision but amended Finding of Fact #3 and Award (A) to reflect a permanent partial disability rating of 32%. This resulted in an award of $33,350 in permanent disability indemnity, payable over 145 weeks, after adjustments and attorney fees.

Workers' Compensation Appeals BoardReconsideration GrantedPermanent Partial DisabilityApportionmentPermanent Disability IndemnityEDD LienAttorney FeesVictor RedulaMonterey MushroomsAcclamation Insurance Management Services
References
Case No. ADJ7447894, ADJ2955721 (GRO 0029571), ADJ3762879 (GRO 0029570)
Regular
Oct 29, 2015

Glenn Kendall vs. San Luis Personnel, State Compensation Insurance Fund

The Workers' Compensation Appeals Board dismissed a petition for reconsideration by lien claimants Dr. Moelleken and Carrillo Surgery Center. Initially, the administrative law judge dismissed their liens, but then vacated that dismissal after the lien claimants objected. As the original order was set aside, the petition for reconsideration became moot, leading to its dismissal by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsAdministrative Law Judge (WCJ)Notice of Intention to Dismiss LiensVacated OrderLien ConferenceMoot PetitionDismissalSan Luis Personnel
References
Case No. ADJ7705383
Regular
Dec 11, 2012

RICHARD CARRILLO vs. MANPOWER, SEDGWICK CMS

In this workers' compensation case, the applicant, Richard Carrillo, filed a petition for reconsideration of a July 5, 2012 decision. However, the petitioner subsequently withdrew their petition for reconsideration. Consequently, the Workers' Compensation Appeals Board issued an order dismissing the petition.

Petition for ReconsiderationDismissalWithdrawnWorkers' Compensation Appeals BoardManpowerSedgwick CMSApplicantDecisionSanta Ana District OfficeADJ7705383
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. ADJ1185205
Regular
Jun 22, 2012

ROSEMARY TORRES vs. PACIFIC BELL TELEPHONE CO.; HELMSMAN MANAGEMENT SERVICES

This case involves lien claimants seeking reconsideration of a WCJ's dismissal of their liens and an order for costs. The WCJ initially dismissed the liens for the lien claimant's failure to appear on time for a conference and awarded costs to the defendant due to the significant delay. The Board granted reconsideration, vacating the dismissal of liens as moot. However, the Board rescinded the order for costs because the lien claimant was not given proper notice and an opportunity to be heard before the costs were assessed, as required by statute.

Workers' Compensation Appeals BoardPacific Bell Telephone Co.Helmsman Management ServicesBilling Dynamicslien claimantDr. Alan MoellekenCarrillo Surgery CenterDismissal of LiensOrder to Pay CostsLabor Code § 5813
References
Case No. ADJ2651594 (ANA 0360885)
Regular
Dec 27, 2011

ELVIRA LOPEZ vs. GRANDPARENTS CARE HOMES

This case involves a lien claimant, Thomas Hewko/Back Pain Clinic, seeking reconsideration after their lien was dismissed. The WCAB granted reconsideration, finding that when the applicant dismissed her case without prejudice, the lien claimant became a party with the right to litigate their claim. The prior order dismissing the lien was rescinded, and the matter was remanded for further proceedings. The Appeals Board concluded that lien claimants actively pursuing their claims become parties when the applicant withdraws their case, entitling them to due process.

Petition for ReconsiderationLien ClaimantWorkers' Compensation Appeals BoardAdministrative Law JudgeJurisdictionDismissal Without PrejudiceCase-in-ChiefDeclaration of ReadinessLien ConferenceStatus Conference
References
Case No. ADJ7174342
Regular
Jul 29, 2010

ALVARO CARRILLO vs. CP MANUFACTURING, ZENITH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was sought from a non-final procedural order, not a final decision on substantive rights. The WCAB also denied the defendant's petition for removal, finding their objection to venue untimely. The defendant failed to file their venue objection within the 30-day window and did not provide the required sworn statement regarding receipt of notice. Therefore, venue remains in Los Angeles, though a future venue change for good cause is not precluded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueFinal OrderProcedural OrderLabor Code section 5501.5(c)Appeals Board rule 10410Untimely ObjectionVenue
References
Case No. ADJ7507504; ADJ7507542
Regular
Jun 13, 2012

MARIA CARRILLO vs. HELP N TIME BBSI, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of a decision allowing treatment outside the Medical Provider Network (MPN). The Board found that the defendant's MPN physician failed to provide reports, justifying the applicant's treatment elsewhere under Labor Code sections 4605 and 5402(c). The Board also noted that statutory provisions for second opinions or independent medical review were inapplicable as the applicant wasn't disputing diagnosis or treatment, but rather the MPN physician's inaction. The defendant's argument regarding treatment for unpled body parts was dismissed as pleadings could be conformed to proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationMedical Provider Network (MPN)Independent Medical ReviewLabor Code Section 4616.6Labor Code Section 4605Labor Code Section 5402(c)Treating PhysicianSecond OpinionThird Opinion
References
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