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

Case No. ADJ4681016 (LBO 0384587) ADJ2340608 (LBO 0384588)
Regular
Jul 20, 2009

ERASMO QUEZADA vs. VERIZON WIRELESS, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the Administrative Law Judge's (ALJ) findings due to a lack of substantial evidence. The Board found that the medical opinions, particularly Dr. Rottermann's, were insufficient to establish causation between the applicant's employment and his Kienböck's disease. Additionally, the ALJ improperly considered information from a website not admitted into evidence, depriving the parties of due process. The case is remanded to the trial level for further development of the record, including potential appointment of an Agreed Medical Examiner.

Workers' Compensation Appeals BoardErasmo QuezadaVerizon WirelessAmerican Home AssuranceSedgwick Claims Management Servicesindustrial injurybilateral wristspermanent disabilitytemporary total disabilityKienbock's disease
References
0
Case No. ADJ9097708
Regular
Jun 28, 2016

MARIA QUEZADA DUENAS vs. PRIDE INDUSTRIES, BROADSPIRE

The Workers' Compensation Appeals Board denied Maria Quezada Duenas' Petition for Removal against Pride Industries and Broadspire. The Board adopted the WCJ's report, finding that removal is an extraordinary remedy and the applicant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the applicant did not show that reconsideration would be an inadequate remedy for any potential adverse decision. The WCJ's report also noted a procedural defect in the verification of the petition.

Petition for RemovalWCABExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationProcedural DefectVerificationCumulative TraumaPermanent and Stationary
References
4
Case No. ADJ7200789
Regular
Nov 08, 2012

ERASMO QUINTANILLA AVILES vs. PACER INTERNATIONAL, NEW HAMPSHIRE INSURANCE COMPANY administered by CHARTIS CLAIMS, INC.

This case concerns a workers' compensation claim where the applicant, Erasmo Quintanilla Aviles, sought benefits for industrial injuries. The defendant, Pacer International, challenged the finding that the applicant was an employee, arguing lack of persuasive control and misinterpretation of their contract. The applicant also contested the findings regarding the specific body parts injured. After granting reconsideration, the Workers' Compensation Appeals Board affirmed the original decision in its entirety. The Board adopted the WCJ's report, denying the defendant's petition and upholding the finding of industrial injury and employee status.

Independent ContractorPersuasive ControlFindings & AwardReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryBurden of ProofWCJContract InterpretationPacer International
References
0
Case No. ADJ6472001
Regular
May 29, 2019

JAIME QUEZADA, JR. vs. NEIL JONES FOOD COMPANY DBA TOMATEK, SAFETY NATIONAL INSURANCE COMPANY

This case involves a workers' compensation claim by Jaime Quezada, Jr. against Neil Jones Food Company (Toma-Tek) and its insurer. The applicant initially received an award for permanent total disability and further medical treatment for back, leg, psyche, and hypertension injuries. Following a petition for reconsideration by the defendant, the parties submitted Stipulations With Request for Award. The Workers' Compensation Appeals Board (WCAB) approved these stipulations, rescinding the prior award and issuing a new award for permanent partial disability (63%) and further medical treatment, resolving lien claims and approving the attorneys' fee.

Workers Compensation Appeals BoardJaime Quezada Jr.Neil Jones Food CompanySafety National Insurance CompanyCannon Cochran ConcordADJ6472001ReconsiderationStipulations With Request for AwardAdministrative Law JudgeHypertension
References
0
Case No. ADJ9074839
Regular
Nov 18, 2015

ERASMO PARTIDA vs. RAMGUARD INC.

The applicant seeks reconsideration of an approved Compromise and Release, arguing the $32,000 settlement for his May 15, 2013 industrial injury was inadequate because his treating physician's report was allegedly not considered. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, which recommended dismissal or denial of the petition. The Board affirmed the original Order Approving Compromise and Release, adopting the WCJ's reasoning.

ReconsiderationCompromise and ReleaseOrder ApprovingTreating Physician ReportWCJ ReportAffirmIndustrial InjuryBackHipsLeg
References
0
Case No. ADJ6682995
Regular
Apr 14, 2010

NESTOR QUEZADA vs. COSTCO WHOLESALE CORPORATION, Permissibly Self-Insured, adjusted by SEDGWICK

This case concerns a defendant's petition for removal challenging prior orders that mandated the issuance of Qualified Medical Evaluator (QME) panels. The Appeals Board granted removal, finding that the defendant's remedy was to file a petition for removal challenging the initial orders, not to later seek to set them aside. While affirming the core of the orders, the Board struck a provision allowing parties to obtain their own QME reports if panels were not issued, deeming it statutorily unsupported. The matter was returned to the trial level for further proceedings, including the issuance of QME panels.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical Evaluator (QME)Ex ParteDue ProcessLabor Code Section 4062.2WCAB Rule 10280WCAB Rule 10324Agreed Medical Evaluator (AME)Medical Unit
References
0
Case No. GOL 0100565
Regular
Oct 15, 2007

Felipe Quezada vs. EXCLUSIVE GERMAN AUTO REPAIR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the original finding that his injury claim was barred by Labor Code section 3600(a)(10), the post-termination defense. Despite the applicant's argument that notice and termination were concurrent, the Board gave significant weight to the Workers' Compensation Judge's credibility assessment of the witnesses, who found the defense witnesses more credible. Therefore, the applicant will receive no compensation.

Felipe QuezadaExclusive German Auto RepairState Compensation Insurance FundLabor Code section 3600(a)(10)post-termination defenseconcurrent noticeterminationWCJcredibilitypetition for reconsideration
References
1
Case No. ADJ8586896
Regular
Dec 27, 2017

, Jose Benitez (Deceased), Zeferina Higuera Quezada vs. , AG Force, LLC, , Intercare Holding Insurance Services, , Gurmail Chehal and Samarjit Kaur, as Husband and Wife, Uninsured

This case concerns a deceased laborer, Jose Benitez, whose widow claimed his death from cellulitis resulted from an insect bite sustained while working for AG Force, LLC. Despite the lack of direct witnesses, the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB found that the Administrative Law Judge's (ALJ) determination of industrial causation was supported by the credible testimony of the applicant's wife and medical reports. The Board emphasized the "reasonable probability" standard for industrial causation and gave deference to the ALJ's credibility findings.

Industrial causationreasonable probabilitycircumstantial evidencecredible testimonyWCJ credibility assessmentinsect bitecellulitisspider bitebrown recluse spiderattending physician
References
4
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