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

Case No. ADJ10975246
Regular
Oct 15, 2020

MAXIMILIANO VILLEGAS vs. AMETEK, INC.;, THE HARTFORD, SEDGWICK CMS

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed for lack of prosecution. The Appeals Board granted reconsideration, rescinded the dismissal order, and denied the defendant's petition to dismiss. The Board found the defendant failed to meet its burden of proof, as the lien claimant did not become a party until after the underlying claim was resolved, rendering the dismissal rule inapplicable. Furthermore, no lien conference or trial had been ordered off-calendar, negating another basis for dismissal.

Petition for ReconsiderationLien ClaimantLack of ProsecutionWCAB Rule 10888Declaration of Readiness to ProceedBurden of ProofOrder Approving Compromise and ReleaseElectronic Adjudication Management SystemExecutive Order N-68-20Labor Code section 5909
References
Case No. ADJ10298858
Regular
Oct 14, 2020

FRANCISCO AGUIRRE vs. NORTH COUNTIES DRYWAL, INC., INSURANCE COMPANY OF THE WEST

Applicant Francisco Aguirre filed a petition to reopen after a $49,500 Compromise and Release (OACR) was approved for an industrial injury. The Workers' Compensation Appeals Board (WCAB) treated the petition as one for reconsideration but dismissed it as premature. The WCAB returned the matter to the trial level for the judge to consider the petition as a motion to set aside the OACR, applying a 60-day extension to statutory deadlines due to Executive Order N-68-20.

Petition to ReopenCompromise and ReleaseIndustrial InjuryDrywall HangerPetition for ReconsiderationDismissalPrematureSet AsideLabor Code Section 5909Labor Code Section 5315
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. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ10908710
Regular
Oct 13, 2020

MARIA GOMEZ vs. PACIFIC HARVEST, UNITED WISCONSIN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded a dismissal order because the applicant was not properly served with the notice of intent to dismiss and the dismissal order itself. Defendant failed to provide the required 30-day notice to the applicant's current attorney before filing the petition to dismiss. Furthermore, the proof of service for the notice of intent was deficient. The case is returned to the trial level for further proceedings, including developing the record regarding potential grounds for dismissal and ensuring due process.

WCABPetition for ReconsiderationOrder of DismissalLack of ProsecutionDue ProcessNoticeOpportunity to Be HeardProof of ServiceWCAB Rule 10550WCAB Rule 10629
References
Case No. ADJ13010543
Regular
Oct 26, 2020

THONG TO vs. BENCHMARK ELECTRONICS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, TRAVELERS SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a Workers' Compensation Judge's (WCJ) order appointing a regular physician. The WCAB found that the WCJ's order to develop the record by appointing a physician was premature and not supported by a clear dispute. The Board clarified that if a dispute arises requiring medical evaluation, parties can utilize the Qualified Medical Evaluator (QME) process. Alternatively, if treatment is disputed, the applicant can seek intervention through a Declaration of Readiness to Proceed.

WCABPetition for ReconsiderationFindings and OrderStipulated AwardInadequate AwardMaximum Medical ImprovementLabor Code Section 5701Develop the RecordRegular Treating PhysicianAOE/COE
References
Case No. ADJ9274305
Regular
Dec 15, 2014

SALVADOR REYES vs. AVP&H A CALIFORNIA CORPORATION, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed Salvador Reyes's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision. The Petition for Removal was dismissed as moot, as the underlying issue regarding a specific Qualified Medical Examiner appeared to be resolved. Both petitions were denied as they did not address substantive rights or liabilities. The order reflects standard practice for non-final and moot petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityMootnessQMEOrder to CompelMeet and Confer
References
Case No. LBO 0384614
Regular
Jan 23, 2008

CAROLINA SALES vs. ROSS STORES, INC. and XL SPECIALTY INSURANCE, MJO STAFFING and AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order vacating a Compromise and Release (C&R). The Board then granted reconsideration on its own motion to rescind the original C&R approval. This action affirmed the WCJ's decision to vacate the C&R, effectively returning the parties to their pre-settlement status, due to the applicant's expressed confusion and potential lack of full understanding of the agreement's terms.

Compromise and ReleasePetition for ReconsiderationOrder VacatingFinal OrderLabor Code Section 5900Good CauseUnverified PetitionIndustrial InjuryApplicant's UnderstandingWCJ Discretion
References
Case No. ADJ12441930
Regular
Dec 21, 2020

MARIA ESQUIVEL vs. THE PERMANENTE MEDICAL GROUP

This case involves a worker's compensation claim for a psychiatric injury sustained by Maria Esquivel against The Permanente Medical Group. The Appeals Board denied the employer's petition for reconsideration, affirming the finding that Esquivel's injury was predominantly caused by actual events of employment, not merely a stage for personal issues. Evidence included coworker harassment, a restraining order against a coworker who stalked her daughter using company resources, and threats perceived as life-threatening. The Board distinguished this case from precedent where workplace gossip was deemed incidental, finding instead a direct causal link between Esquivel's employment and her injury.

WCABPetition for ReconsiderationExecutive Order N-68-20Atascadero Unified School District v. Workers' Comp. Appeals Bd. (Geredes)causal connectionpsychiatric injuryneuropsychological panel qualified medical examinationDr. Kyle Van Gaasbeekco-employeesGlenda Carrera
References
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