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

Case No. ADJ6877332
Regular
Aug 29, 2014

ELEAZAR ESCOBEDO vs. JOHN O'SHEA dba O'SHEA WELDING, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, concerning Eleazar Escobedo versus John O'Shea dba O'Shea Welding and State Compensation Insurance Fund, is being dismissed. The dismissal is a direct result of the petitioner voluntarily withdrawing their Petition for Reconsideration. The Board is ordering the dismissal of the reconsideration petition based on this withdrawal.

Petition for ReconsiderationWithdrawn PetitionOrder of DismissalWorkers' Compensation Appeals BoardApplicantDefendantCase NumberOakland District OfficeJuly 18 2014 DecisionAugust 29 2014 Filing
References
0
Case No. VNO 400907, VNO 400906
Regular
Jan 24, 2008

JORGE ESCOBEDO vs. WESTLAKE INN RESTAURANT & HOTEL, CALIFORNIA INDEMNITY INSURANCE COMPANY, SIERRA INSURANCE GROUP

This Workers' Compensation Appeals Board case involves applicant Jorge Escobedo seeking benefits for injuries presumed compensable under Labor Code section 5402. The Appeals Board affirmed the Administrative Law Judge's (WCJ) decision, finding that the defendant failed to rebut the presumption of injury and that applicant's injuries did not require further medical treatment or result in temporary disability, largely based on the WCJ's adverse credibility finding. A dissenting opinion argued that the WCJ's findings on no treatment or disability improperly abrogated the 5402 presumption and suggested appointing a "regular physician" to resolve conflicting medical opinions.

ReconsiderationRebuttable presumptionCompensabilityLabor Code 5402Medical treatmentTemporary disabilityPermanent disabilityApportionmentAttorney's feesSubstantial evidence
References
4
Case No. GRO 0029816, GRO 0029817
Significant

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision to apportion 50% of the applicant's permanent disability to a preexisting degenerative arthritis, holding that Labor Code section 4663, as amended by SB 899, permits apportionment based on causation from non-industrial factors supported by substantial medical evidence.

SB 899apportionmentcausationpermanent disabilitypreexisting arthritismedical evidencesubstantial evidenceLabor Code section 4663compensable consequenceQME
References
58
Case No. GRO 0029816, GRO 0029817
En Banc

Marlene Escobedo vs. Marshalls, CNA Insurance Co.

The Appeals Board affirmed the WCJ's decision, holding that under Labor Code section 4663 as amended by SB 899, apportionment of permanent disability is based on causation and may include pre-existing, non-industrial conditions like degenerative arthritis, provided there is substantial medical evidence to support the percentage of non-industrial causation.

SB 899ApportionmentCausationPermanent DisabilityPreexisting ConditionDegenerative ArthritisSubstantial Medical EvidenceMedical ProbabilityLabor Code Section 4663Compensable Consequence
References
56
Case No. ADJ10165269
Regular
Nov 24, 2015

JOSE ESCOBEDO vs. CUPERTINO ELECTRIC, INCORPORATED, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was filed against a non-final interlocutory order that did not resolve substantive rights or threshold issues. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm, nor that reconsideration would be inadequate. The Board adopted and incorporated the Arbitrator's report in its entirety for its reasoning. Therefore, the applicant's attempt to seek review of a procedural ruling failed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalArbitrator's ReportFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutoryProcedural Decision
References
6
Case No. ADJ2800266 (VNO 0541906)
Regular
Jun 06, 2011

ELVIRA ESCOBEDO vs. WATERIA (YESONE CORPORATION), CHARTIS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to a lien claimant after their lien was dismissed by the administrative law judge (ALJ). The dismissal occurred because the lien claimant's attorney of record did not receive notice of intention to dismiss and the subsequent dismissal order, violating due process. The WCAB found the petition for reconsideration to be timely because the 20-day period to file began from when the attorney actually learned of the dismissal. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienDue ProcessNotice of Intention to Dismiss LienService of ProcessWCJAdministrative Law JudgeCompromise and Release
References
0
Case No. ADJ9364301
Regular
Mar 16, 2018

JUAN ESCOBEDO vs. PACIFIC COAST INSTALLATIONS, STATE COMPENSATION INSURANCE FUND

Defendant State Compensation Insurance Fund (SCIF) filed a Petition for Removal challenging a WCJ's order allowing a non-physician lien claimant to obtain medical information. However, the parties subsequently settled the lien with Reliable Medical Supply via a Stipulation and Order to Pay Lien Claimant. As a result of this settlement, SCIF's Petition for Removal became moot. Therefore, the Workers' Compensation Appeals Board dismissed the Petition for Removal.

Petition for RemovalNon-Physician Lien ClaimantMedical InformationStipulation and OrderLien ClaimantWorkers' Compensation Appeals BoardWCJSCIFMootDismissed
References
0
Case No. ADJ9240835
Regular
May 24, 2016

MARIA ESCOBEDO vs. D&C CARE CENTER, INC.; dba SUNRISE CONVALESCENT HOSPITAL, ZURICH NORTH AMERICA INSURANCE, PATRIOT RISK SERVICES

This case involves an applicant seeking workers' compensation for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found the applicant's testimony regarding the injury and its reporting to be not credible due to inconsistencies and lack of corroboration. Consequently, the WCAB found insufficient evidence to support a finding of injury arising out of and occurring in the course of employment. The WCAB gave great weight to the ALJ's credibility determination based on observing the witness's demeanor.

Petition for ReconsiderationWCJ ReportCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Injury AOE/COECumulative TraumaPost-Termination FilingLabor Code §3600(a)(10)Unrebutted TestimonyUncorroborated Testimony
References
0
Case No. ADJ7174816
Regular
Jun 23, 2015

YOLANDA ESCOBEDO vs. COMFORT INN \u0026 SUITES, OAKRIVER INSURANCE CO., BERKSHIRE HATHAWAY HOMESTATE CO., FIRST COMPENSATION/MARKET/ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration of a Notice of Intention to Dismiss Lien. This dismissal was because the Notice of Intention was an interlocutory procedural order, not a final decision eligible for reconsideration. However, the Board returned the case to the WCJ to treat the petition as an objection to the Notice of Intention. This allows the WCJ to consider the lien claimant's arguments regarding non-receipt of notice and proceed accordingly.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationNotice of Intention to Dismiss LienNon-AppearanceLien ConferenceGood CauseFinal OrderInterlocutory Procedural OrdersSubstantive Rights
References
4
Case No. ADJ1459734 (VNO 0385398) ADJ1448881 (VNO 0460995)
Regular
Jun 05, 2009

CLEMENTE MEJIA vs. PACIFIC MAT, INC., STATE COMPENSATION INSURANCE FUND, XESSXSPORT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE, In Liquidation

The Appeals Board granted reconsideration of the prior award due to the WCJ's reliance on Dr. Capen's reports for permanent disability and apportionment, which were previously found to lack substantial evidence. The WCJ erred by issuing new ratings based on these same inadequate reports, even after the Appeals Board's directive. The Board rescinded the award and returned the case for further development of the medical record regarding apportionment and permanent disability, specifically requiring evidence that meets the standards set in Escobedo v. Marshalls.

Workers' Compensation Appeals BoardPacific MatState Compensation Insurance FundXESSXSPORTCalifornia Insurance Guarantee AssociationFremont Insuranceliquidationindustrial injuryback injuryleft hip injury
References
1
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