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

Case No. ADJ7236324
Regular
Oct 23, 2015

MARIA VILCHIS vs. NORWALK MARRIOTT, ZURICH NORTH AMERICAN

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Vilchis's Petition for Reconsideration. The dismissal was based on the applicant's failure to comply with WCAB Rule 10842(b), which mandates specific citations to the record to support evidentiary statements. The Board emphasized that the applicant cannot shift the burden of searching the record to the Appeals Board. This rule is consistent with appellate court procedures requiring proper record citation to avoid waiver of points.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesEvidentiary StatementsWaiverBurden of ProofAdministrative Law Judge ReportAppellate RulesDismissal Order
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ10612569
Regular
Mar 12, 2018

Patrick Wilder vs. The Ryan Company, Old Republic Insurance Company

This case concerns a defendant's petition for reconsideration of an award of temporary total disability (TTD) benefits to the applicant, Patrick Wilder. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the finding that Wilder sustained an injury to his left ankle and was temporarily totally disabled. The defendant failed to prove that Wilder was terminated for cause, which would have potentially ended his TTD benefits, and the WCAB found no credible evidence to support their allegations of misconduct or availability of modified duty. The WCAB also admonished the defendant and their counsel for making unsubstantiated factual claims in their petition, warning of potential sanctions.

Workers Compensation Appeals BoardPatrick WilderThe Ryan CompanyOld Republic Insurance CompanyGallagher Bassett ServicesInc.ADJ10612569Bakersfield District OfficePetition for ReconsiderationFindings Orders and Award
References
Case No. ADJ3679561
Regular
Oct 17, 2017

John Duran vs. Sunquest Builders, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by applicant's attorney, Roger Kampf, due to its withdrawal. Mr. Kampf acknowledged the petition contained inaccurate information. The WCAB admonished Mr. Kampf for filing a pleading with false or misleading statements, warning of potential sanctions for future similar conduct. The Board formally dismissed the Petition for Removal.

Petition for RemovalPetition for DisqualificationWithdraws PetitionInaccurate InformationFalse StatementsMisleading StatementsMisrepresentations of FactLabor Code section 5813Appeals Board 10561(b)(5)(A)Admonishment
References
Case No. ADJ8644013
Regular
Dec 27, 2013

ARTHUR VASQUEZ vs. GUARD SYSTEMS, CLAIMQUEST WALNUT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an order finding no injury arising out of and occurring in the course of employment. The Board adopted the judge's report, which detailed numerous inconsistencies in the applicant's testimony regarding the injury, prior medical history, and work activity. These credibility issues, supported by conflicting deposition and trial testimony, as well as documentary evidence, were the basis for the judge's determination that the applicant failed to meet their evidentiary burden.

AOE/COEPetition for Reconsiderationcredibilityinconsistent statementsprior injuriesliberal constructionevidentiary burdenFindings & OrderWCJ reportadministrative law judge
References
Case No. ADJ7805840 ADJ7543597
Regular
Jun 16, 2016

DIANA MUNIZ vs. EDWARD CHEN, M.D., THE HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board (WCAB) is imposing a $1,000 sanction against lien claimant Jalil Rashti, M.D., his representative Willard Sexton, and MJR Management Services. These parties are being sanctioned for filing a petition for reconsideration containing false, misleading, or baseless statements and for failing to follow the Board's explicit instructions on how to file objections. Their attempt to object was deemed invalid because it was misfiled and lacked specific factual basis to counter the Board's intention to sanction them. Ultimately, their repeated arguments and failure to grasp legal requirements demonstrated bad faith tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code Section 5813WCAB Rule 10561Lien ClaimantLien RepresentativeMJR Management ServicesFalse StatementsMisleading Statements
References
Case No. AD J8716290, ADJ9711169
Regular
Apr 06, 2016

CAROLYN WILSON vs. COUNTY OF ALAMEDA, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The WCAB adopted the WCJ's report, finding that reconsideration would be an adequate remedy if the matter proceeds to a final decision. The underlying issue involves an applicant's statutory right to appeal an Independent Medical Review decision, a matter appropriate for an evidentiary hearing.

Petition for RemovalIndependent Medical ReviewLabor Code Section 4610.6Utilization ReviewSubstantial PrejudiceIrreparable HarmEvidentiary HearingWorkers' Compensation Appeals BoardWCJ ReportJurisdiction
References
Case No. ADJ8067245
Regular
Apr 23, 2015

ISABEL DIMAS vs. CLIFTON'S CAFETERIA, STAR INSURANCE COMPANY, Administered By ILLINOIS MIDWEST INSURANCE AGENCY, LLC, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Preferred Scan, Inc.'s petition for reconsideration. The Board affirmed the administrative law judge's decision to dismiss Preferred Scan's lien for failing to meet its burden of proof. Specific grounds for dismissal included failure to establish reasonableness and necessity of charges, improper service of exhibits, and inadequate evidence preparation. While the lien claimant's services could have been considered legitimate medical-legal costs for a contested claim, the other evidentiary failures were sufficient to uphold the lien's dismissal.

Lien claimantPetition for ReconsiderationWCJFindings and OrdersDismissed lienBurden of proofAOE/COEMedical-legal costsContested claimReasonableness and necessity
References
Case No. ADJ738549 (VNO 0522332)
Regular
Dec 17, 2012

JOSE RAMIREZ vs. PEDRO ALARCON, dba ALARCON IMPORTS \u0026 EXPORTS, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Ramirez's petition for reconsideration because it was not verified as required by Labor Code section 5902. Had the petition been verified, the WCAB would have denied it on the merits based on the administrative law judge's report, which found the applicant's credibility to be highly persuasive. Furthermore, the WCAB ordered the uninsured employer, Pedro Alarcon, to provide a verified statement of employee numbers as per Labor Code sections 3722(d) and (e) to determine applicable penalties. The WCAB also noted the employer had not secured workers' compensation insurance.

Petition for ReconsiderationVerified StatementLabor Code section 5902Uninsured EmployerWorkers' Compensation Appeals BoardReport and RecommendationWCJCredibilityLabor Code section 3722(d)Labor Code section 3722(e)
References
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