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Case Law Database

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

Case No. ADJ7182186

Regular

EULISES MENDEZ vs. ALBERTSON'S, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed Eulises Mendez's Petition for Reconsideration. This dismissal was based on the principle that reconsideration can only be granted for final orders, not interlocutory procedural rulings. The WCAB clarified that pre-trial orders regarding evidence, discovery, or trial scheduling are not final and thus not subject to reconsideration. The applicant was admonished for filing an improper petition and warned of potential sanctions for future similar conduct.

Petition for ReconsiderationDismissalInterlocutory OrderFinal OrderSubstantive RightLiabilityNotice of IntentionWCABALJLabor Code 5900

References

Case No. ADJ6581535

Regular

Nov 15, 2017

Angel Mendez vs. Maple Dairy, Zenith Insurance Company

The Workers' Compensation Appeals Board denied Angel Mendez's petition for reconsideration. Mendez sought a finding of $100\%$ permanent disability, arguing total loss of use of his dominant right upper extremity. The Board affirmed the WCJ's prior award of $75\%$ permanent disability, finding no presumption of total disability for the loss of use of only one hand. The evidence did not support a finding of total loss of use of the upper extremity.

Petition for ReconsiderationPermanent Disability ApportionmentVocational EvidenceDominant Upper ExtremityLoss of UsePresumption of Permanent Total DisabilityLabor Code Section 4662(a)(2)Substantial EvidenceLeBoeuf v. Workers' Comp. Appeals Bd.Dairy Worker

References

Case No. ADJ1136158 (LBO 0381365)

Regular

Apr 10, 2008

DARIO MENDEZ vs. HAWAIIAN GARDENS CARD CLUB, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous finding, and found that applicant Dario Mendez sustained an industrial injury to his low back and right leg. The WCAB determined that a lifting incident on November 15, 2005, at the Hawaiian Gardens Card Club, contributed to a new injury despite Mendez's pre-existing back condition. They found the applicant's explanation for the delay in reporting the injury credible, and that the evidence supported a new injury rather than merely an exacerbation of a prior condition. The WCAB deferred all other issues, including the extent of the injury and compensation.

Workers' Compensation Appeals BoardIndustrial InjuryReconsiderationFindings and OrderWCJLow Back InjuryRight Leg InjuryPre-existing ConditionAggravationExacerbation

References

Case No. ADJ6713391

Regular

Aug 15, 2013

PEDRO TELLO MENDEZ vs. MISSION FOODS GRUMA CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the initial May 30, 2013 decision. The Board amended the decision to reflect that the defendant, Mission Foods Gruma Corporation, is estopped from opposing the applicant's petition for costs. Consequently, the applicant's Petition for Costs is now granted. The rest of the original decision remains affirmed.

Petition for ReconsiderationDecision After ReconsiderationEstoppelPetition for CostsWorkers' Compensation Appeals BoardWCJMission Foods Gruma CorporationTravelers Property Casualty CompanyPedro Tello MendezAmended Decision

References

Case No. OXN 0132909

Regular

Apr 29, 2008

JESUS MENDEZ vs. NORMAN'S NURSERY, HORTICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration for a lien claimant, Robert White, D.C., who sought payment for medical treatment provided to applicant Jesus Mendez. The Board reversed the administrative law judge's denial, finding that Dr. White established a prima facie case of industrial injury through his medical reports. The defendants failed to provide sufficient evidence to rebut this showing, thus the lien claimant is entitled to $1,636.01 for his services.

Lien claimantReconsiderationPrima facie caseIndustrial injuryMedical treatment lienMandatory Settlement ConferenceBurden of proofOfficial Medical Fee ScheduleDoctor's First ReportWorkers' Compensation Appeals Board

References

Case No. ADJ15474722; ADJ15474723

Regular

Apr 25, 2023

TERESA MENDEZ vs. VILLAGE MANAGEMENT SERVICES, INC., SAFETY NATIONAL INSURANCE, TRISTAR

The Workers' Compensation Appeals Board dismissed Teresa Mendez's Petition for Removal as moot. The petition sought review of an order setting a trial date, but this order was subsequently superseded by a stipulation for a new QME panel. Because the parties resolved the issues raised in the petition, the Board found no active controversy to decide. The matter was taken off calendar and can be returned to the calendar once discovery is complete.

Petition for RemovalMootSuperseded OrderAOE/COEQME panelDiscoveryOff CalendarDeclaration of ReadinessMandatory Settlement ConferenceWorkers' Compensation Appeals Board

References

Case No. ADJ9664450

Regular

Jun 05, 2015

PATRICIA AGUILAR vs. HARRIS RANCH BEEF COMPANY, TRISTAR RISK MANAGEMENT

This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.

Labor Code section 3208.4Petition for RemovalFindings of Fact and OrderDepose applicantSexual harassmentSexual assaultMolestationGood causePrivacyPsyche injury

References

Case No. ADJ1979366 (SBR 0335915) ADJ4029179 (SBR 0335933)

Regular

Sep 25, 2013

MARY PENA vs. FRITO LAY, ACE AMERICAN INSURANCE

This case concerns the dismissal of liens for failure to timely pay activation fees. The defendant argued that liens from Vasquez Vocational Experts and JAM Medical Equipment should have been dismissed at a lien conference due to non-payment of the activation fee prior to the scheduled conference. While the WCJ did not dismiss the liens, the Appeals Board granted the defendant's petition for removal. The Board found that both lien claimants failed to comply with Labor Code section 4903.06(a)(4), as JAM paid after the conference began and Vasquez paid months later. Consequently, the liens of Vasquez Vocational Experts and JAM Medical Equipment were dismissed with prejudice.

Petition for RemovalLien TrialLien ConferenceLien Activation FeeLabor Code Section 4903.06(a)(4)Dismissal with PrejudiceVasquez Vocational ExpertsJAM Medical EquipmentFigueroa v. B.C. Doering Co.Declaration of Readiness to Proceed

References

Case No. ADJ2467238 (POM 0294037)

Regular

Aug 16, 2013

YUELING LU vs. ZEN BUFFET, NATIONAL LIABILITY & FIRE INSURANCE

This case involves a lien claimant's failure to pay a required lien activation fee prior to a March 27, 2013, lien conference. The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal, finding the lien claimant's petition for reconsideration was timely due to lack of proper service. However, the WCAB denied the lien claimant's reconsideration request on its merits. Ultimately, the WCAB rescinded the order vacating the dismissal and affirmed the original order dismissing the lien claimant's lien with prejudice.

Petition for RemovalOrder VacatingOrder DismissingLien Activation FeeLabor Code section 4903.06Lien claimantLien conferencePetition for Reconsiderationcompromise and releaseservice

References

Case No. ADJ6951510

Regular

Mar 21, 2014

MENDEZ vs. RUDY'S MEXICAN RESTAURANT, CHARTIS INSURANCE

This Workers' Compensation Appeals Board case involved a petition for removal that was denied. The Board affirmed the administrative law judge's report, which determined that the Division of Workers' Compensation has discretion to calendar hearings at any district office based on budgetary and resource limitations. The Board cited statutory authority and regulations allowing for this flexibility, even when venue is established. Furthermore, the availability of telephonic appearances through CourtCall was highlighted as an accommodation for applicants facing travel difficulties.

Workers' Compensation Appeals BoardPetition for RemovalDivision of Workers' CompensationDistrict OfficeBudgetary ConstraintsVenueCourtCallMandatory Settlement ConferenceExpedited HearingsLien Conference

References

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Updated Daily

Case Law Database

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

Case No. ADJ7182186

Regular

EULISES MENDEZ vs. ALBERTSON'S, SEDGWICK CMS

Petition for ReconsiderationDismissalInterlocutory OrderFinal OrderSubstantive RightLiabilityNotice of IntentionWCABALJLabor Code 5900

References

Case No. ADJ6581535

Regular

Nov 15, 2017

Angel Mendez vs. Maple Dairy, Zenith Insurance Company

References

Case No. ADJ1136158 (LBO 0381365)

Regular

Apr 10, 2008

DARIO MENDEZ vs. HAWAIIAN GARDENS CARD CLUB, ST. PAUL TRAVELERS INSURANCE

Workers' Compensation Appeals BoardIndustrial InjuryReconsiderationFindings and OrderWCJLow Back InjuryRight Leg InjuryPre-existing ConditionAggravationExacerbation

References

Case No. ADJ6713391

Regular

Aug 15, 2013

PEDRO TELLO MENDEZ vs. MISSION FOODS GRUMA CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY

References

Case No. OXN 0132909

Regular

Apr 29, 2008

JESUS MENDEZ vs. NORMAN'S NURSERY, HORTICA INSURANCE COMPANY

References

Case No. ADJ15474722; ADJ15474723

Regular

Apr 25, 2023

TERESA MENDEZ vs. VILLAGE MANAGEMENT SERVICES, INC., SAFETY NATIONAL INSURANCE, TRISTAR

Petition for RemovalMootSuperseded OrderAOE/COEQME panelDiscoveryOff CalendarDeclaration of ReadinessMandatory Settlement ConferenceWorkers' Compensation Appeals Board

References

Case No. ADJ9664450

Regular

Jun 05, 2015

PATRICIA AGUILAR vs. HARRIS RANCH BEEF COMPANY, TRISTAR RISK MANAGEMENT

Labor Code section 3208.4Petition for RemovalFindings of Fact and OrderDepose applicantSexual harassmentSexual assaultMolestationGood causePrivacyPsyche injury

References

Case No. ADJ1979366 (SBR 0335915) ADJ4029179 (SBR 0335933)

Regular

Sep 25, 2013

MARY PENA vs. FRITO LAY, ACE AMERICAN INSURANCE

References

Case No. ADJ2467238 (POM 0294037)

Regular

Aug 16, 2013

YUELING LU vs. ZEN BUFFET, NATIONAL LIABILITY & FIRE INSURANCE

Petition for RemovalOrder VacatingOrder DismissingLien Activation FeeLabor Code section 4903.06Lien claimantLien conferencePetition for Reconsiderationcompromise and releaseservice

References

Case No. ADJ6951510

Regular

Mar 21, 2014

MENDEZ vs. RUDY'S MEXICAN RESTAURANT, CHARTIS INSURANCE

References

Showing 1-10 of 32 results

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