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

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. ADJ7162659
Regular
Nov 07, 2013

,JUAN MORA, vs. ,CHIPOTLE MEXICAN GRILL and ZURICH AMERICAN INSURANCE administered by GALLAGHER BASSETT; CALIFORNIA COMFORT VANS, and AMTRUST NORTH AMERICA, ACE FIRE UNDERWRITERS INSURANCE COMPANY/ACE GROUP, et. al.,

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the challenged order was procedural and not a final determination of substantive rights. The WCAB found that an interim order striking a doctor's opinion due to ex parte communication is not subject to reconsideration under Labor Code Section 5900(a). The case was returned to the trial level for clarification of the original order, specifically whether all of the doctor's reports were stricken and if the doctor was dismissed as the Qualified Medical Examiner. This clarification is necessary for proper further proceedings and potential issuance of a replacement QME panel.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONORDER STRIKINGEX PARTE COMMUNICATIONQUALIFIED MEDICAL EXAMINER (QME)LABOR CODE SECTION 4062.3FINAL ORDERINTERIM PROCEDURAL ORDERSDISCOVERYEVIDENTIARY MATTERS
References
Case No. ADJ6627019
Regular
May 06, 2013

SANDRA BERKENSTOCK vs. AGILENT TECHNOLOGIES

The defendant sought reconsideration of an order denying their request for a replacement Qualified Medical Evaluator (QME) panel in psychiatry/psychology. The applicant sustained industrial injuries including to her psyche. The administrative law judge denied the replacement panel because the QME's report was eventually received. However, the Workers' Compensation Appeals Board dismissed the defendant's petition. The Board ruled that the denial of a replacement QME panel is an interim, procedural order not subject to reconsideration under Labor Code section 5900(a).

WCABAgilent TechnologiesADJ6627019Petition for ReconsiderationQualified Medical EvaluatorQME panelpsychiatrypsychologyFlorence Thomas-RiddleLabor Code section 139.2(j)(1)(A)
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. ADJ12180724
Regular
Oct 02, 2019

JENNIFER GUZMAN vs. CITY OF BRENTWOOD

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinded a discovery order allowing the applicant to submit non-medical documents to a PQME, and returned the matter for further proceedings. The Board found the original order to be an interlocutory discovery decision, not a final one, thus dismissing the petition for reconsideration. The Board determined that a proper evidentiary record was lacking to support the WCJ's order, requiring a hearing to allow both parties to present evidence.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationDiscovery OrderExpedited HearingDue ProcessPanel Qualified Medical ExaminerInterlocutory OrderFinal OrderAdmitted Evidence
References
Case No. ADJ8233060, ADJ8237202
Regular
Aug 23, 2013

SYLVIA TORRES vs. TODD MACKEY dba CAREFREE PLANTS & DESIGN, PREFERRED EMPLOYER'S INSURANCE CO.

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the WCJ's order regarding a replacement panel was not a final decision. The Board denied the petition for removal, finding no substantial prejudice or irreparable harm, despite the PQME's late supplemental report. Applicant failed to formally request a replacement panel from the Medical Director as required by regulation. Therefore, the Board affirmed the WCJ's decision not to order a replacement panel and to schedule a supplemental evaluation with the original PQME.

WCABPetition for ReconsiderationPetition for RemovalPanel Qualified Medical EvaluatorPQMESupplemental ReportFindings of Fact and OrderWCJDeclaration of ReadinessReplacement Panel
References
Case No. ADJ11136283
Regular
Apr 15, 2019

JOSE ALFREDO SOLORZA vs. STERLING MACHINERY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, THE HARTFORD

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, rescinding the WCJ's order striking the QME panel. The Board found the WCJ's order lacked an evidentiary basis, as no evidence was admitted into the record to support the premature finding. The case is returned to the trial level for further proceedings to establish a proper evidentiary record. The merits of the QME panel dispute were not decided at this stage.

Petition for RemovalQualified Medical EvaluatorQME panelpremature panel requestPetition to StrikeWCJ Orderevidentiary recordadmitted evidencesubstantial evidenceLabor Code section 4060
References
Case No. ADJ6799204
Regular
Nov 03, 2010

MANUEL ZAMORA vs. DEL MAR FOOD PRODUCTS, Inc., ZENITH INSURANCE COMPANY

This case involves a dispute over the proper medical panel for a workers' compensation applicant. The defendant sought reconsideration of the Administrative Law Judge's (ALJ) order directing a chiropractic QME panel. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because the ALJ's order was a non-final, interlocutory discovery ruling. The WCAB also denied the petition for removal, adopting the ALJ's reasoning in their report.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and OrdersQualified Medical EvaluatorQME PanelChiropractic QMEInternal Medicine QMEInterlocutory OrderNon-Final Order
References
Case No. ADJ2574910 (ANA 0328189)
Regular
Apr 12, 2017

MARIO MANRIQUEZ, JR. vs. JAMES LINEBACK M.D., STATE COMPENSATION INSURANCE FUND, and BREDFELDT, CORSON & ODUKOYA; ACCLAMATION INSURANCE MANAGEMENT SERVICES, FARMINGTON CASUALTY COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the order at issue was not a final determination of substantive rights. However, the Board granted the applicant's petition for removal and rescinded the WCJ's order denying a continuance of an expedited hearing. This decision was based on the WCJ's own report recommending rescission. The Board also declined to sanction the defendant or order reassignment at this time.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalExpedited HearingContinuanceOrder Denying RequestRescinded OrderFinal OrderSubstantive RightLiability
References
Case No. ADJ9975590; ADJ9976116
Regular
Feb 25, 2016

Ana Nieto vs. Avitus, Inc., American Zurich Insurance Company

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration, finding the appealed order was interlocutory and not subject to reconsideration. The WCAB treated the petition as one for removal and denied it, as the defendant failed to demonstrate substantial prejudice or irreparable harm. The defendant's contention that their trial exhibits and an orthopedic QME panel were erroneously stricken was rejected, as was their claim that the orthopedic QME panel was improperly denied. The defendant failed to provide sufficient evidence to support their request for an orthopedic QME panel over a chiropractic one.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalJoint Findings of Fact & OrdersQualified Medical Evaluator (QME)Orthopedic Surgery QMEChiropractic QMETrial ExhibitsAdministrative Law Judge (WCJ)Labor Code § 4062.2
References
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