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

Case No. ADJ7045946
Regular
Apr 09, 2013

EZEQUIEL AGUILAR vs. MINGUS CONSTRUCTION, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant Ezequiel Aguilar's Petition for Reconsideration. The dismissal was primarily due to the petition's failure to meet the verification requirement mandated by Labor Code section 5902. The WCAB further noted that even if the petition had been properly verified, it would have been denied on its merits based on the administrative law judge's report.

Petition for ReconsiderationLabor Code section 5902VerifiedDismissedReport and RecommendationWCJMeritsWorkers' Compensation Appeals BoardMingus ConstructionSeabright Insurance
References
Case No. ADJ7136663
Regular
Mar 08, 2011

TONIA OSBY-WREN vs. SOUTHERN CALIFORNIA EDISON, SOUTHERN CAL EDISON ROSEMEAD

This case involves a workers' compensation applicant who sought a protective order to exclude an employee, Gil Aguilar, from her deposition due to alleged harassment and intimidation. The administrative law judge denied the request, finding insufficient evidence and noting the permissive nature of the relevant statute. The Appeals Board dismissed the applicant's petition for reconsideration as it was not a final order. However, the Board granted removal and issued a protective order barring Aguilar from the deposition, finding adequate evidence of the applicant's fear of him and that Aguilar was neither a party nor an officer.

Protective orderPetition for removalDeposition exclusionGil AguilarDr. Visant SanatharaCCP 2025.420(b)(12)Workers' Compensation Appeals BoardAdministrative law judgeReconsiderationFinal order
References
Case No. ADJ7336300
Regular
Feb 19, 2014

EMANUEL AGUILAR vs. BHS CORRUGATED NORTH AMERICA, INC.; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) rescinded a prior finding of injury AOE/COE for Emanuel Aguilar. The Board found that Aguilar's injury, sustained in a rental car returning from an unpaid lunch break, was not compensable under the "going and coming rule" and its "lunch rule" extension. The WCAB determined that the employer's provision of the rental car to a co-employee, even if for business benefit, did not extend coverage to Aguilar during his personal, off-premises lunch. Commissioner Brass dissented, arguing the injury should be compensable due to employer benefit and the liberal construction of workers' compensation laws.

AOE/COEgoing and coming rulelunch ruleemployer's premisesrental carunpaid lunch breakmotor vehicle accidentspecial mission exceptioncompensabilityPetition for Reconsideration
References
Case No. ADJ6784503-M; ADJ7336025
Regular
Aug 24, 2012

WILLIAM AGUILAR vs. TIME WARNER CABLE INC.

This case involves William Aguilar's claim for psychiatric injury against Time Warner Cable, stemming from two periods of employment. The Administrative Law Judge found Aguilar sustained industrial psychiatric injuries in both roles and ruled the defendant waived the "good faith personnel action" defense under Labor Code section 3208.3(h). While the majority affirmed the WCJ's decision, finding the defense was not raised properly and not proven even if considered, Commissioner Lowe dissented. Commissioner Lowe argued the defense was timely raised and that the employer's reassignment of territories constituted a good faith personnel action, thereby barring compensation.

Labor Code 3208.3(h)Good Faith Personnel ActionPsychiatric InjuryCumulative Industrial InjuryReconsiderationWCJ ReportDissenting OpinionObjective Good Faith StandardSubstantial CausePredominant Cause
References
Case No. ADJ8521155
Regular
Sep 02, 2014

VICENTE AGUILAR vs. U-TURN SEVEN CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and denied the petitions for reconsideration filed by Employers Compensation Insurance Company and Star Insurance Company. The WCAB adopted the WCJ's report, finding Star's petition contained inflammatory and intemperate language that impugned the integrity of the WCJ and the Board. Consequently, the WCAB granted removal on its own motion and issued a notice of intent to sanction Star and its attorney for approximately $1,500 due to these statements.

Workers' Compensation Appeals BoardVicente AguilarU-Turn Seven CorporationEmployers Compensation Insurance CompanyStar Insurance CompanyFindings and Awardcumulative injurybilateral handswristsarms
References
Case No. ADJ2272286
Regular
Dec 15, 2008

ENRIQUE CASTRO-AGUILAR vs. SECURITAS SECURITY SERVICES, BROADSPIRE

The Appeals Board granted reconsideration to address deficiencies in the original findings. The Board rescinded the prior order, finding insufficient evidence to support the WCJ's determination of industrial injury AOE/COE to the applicant's claimed body parts and psyche. The case is returned for further proceedings to develop the medical record and further address issues of initial aggressor and unauthorized work.

Workers' Compensation Appeals BoardEnrique Castro-AguilarSecuritas Security ServicesBroadspireAOE/COEpsychiatric disabilityinitial aggressorLabor Code section 5402presumption of compensabilityunauthorized manner
References
Case No. ADJ8314520
Regular
Aug 25, 2015

EULOGIO SANCHEZ-AGUILAR vs. PODESTA PACKING, U.S. FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding an award of 26% permanent disability. The applicant argued the agreed medical evaluator's (AME) report lacked substantial evidence due to alleged improper communication by the defense regarding x-ray reports. However, the Board found the applicant waived any objection by agreeing to the AME's review of the x-rays and cooperating with their creation. Furthermore, the Board agreed with the trial judge that the applicant failed to demonstrate how any purportedly unreviewed medical reports would have changed the AME's opinion.

Eulogio Sanchez-AguilarPodesta PackingU.S. Fire Insurance CompanyADJ8314520Petition for ReconsiderationFindings of FactAwardand OrdersWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ9213744
Regular
May 22, 2015

JOSE AGUILAR vs. CLAIM JUMPER RESTAURANT, CORVEL CHINO

This case involves a workers' compensation claim where the applicant, Jose Aguilar, was awarded benefits for a psychological injury. The defendant, Claim Jumper Restaurant and its insurer, filed a Petition for Reconsideration of this award. However, the parties subsequently reached a settlement, evidenced by a signed Compromise and Release agreement. Therefore, the defendant withdrew its Petition for Reconsideration, and the Board dismissed it. The case is now remanded to the trial judge for approval of the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardInjury to psycheCompromise and ReleaseDismissalAdministrative law judgeTrial levelSettlement agreementWCJ
References
Case No. ADJ171583 (MON 0294858) ADJ261117 (MON 0308771)
Regular
Feb 02, 2009

Camey Cresor vs. GOLDMAN, SACHS & COMPANY, ILLINOIS NATIONAL INSURANCE CO.

This case concerns an applicant seeking reconsideration of a workers' compensation award for psychiatric injury and other conditions. The applicant was found to have an $82\%$ permanent disability rating, with $80\%$ attributed to psychiatric issues after apportionment. The key dispute is the $20\%$ apportionment of psychiatric disability to non-industrial factors, which the applicant argues is improper for a finding of permanent total disability based on vocational unfeasibility. The Appeals Board denied the petition, adopting the WCJ's report which cited precedent (Hertz Corp. v. Workers' Comp. Appeals Bd. (Aguilar)) confirming that vocational unfeasibility is subject to apportionment.

Workers Compensation Appeals BoardAmended Joint Finding and Awardindustrial injurypsychelow backheadachespermanent disabilitypermanent total disabilityapportionmentnon-industrial factors
References
Case No. ADJ4843767 (MF)
Regular
May 18, 2017

FELIX AGUILAR vs. WAREHOUSE DISCOUNT CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Felix Aguilar's petition for reconsideration. The petition failed to meet statutory and regulatory requirements by being skeletal, lacking specific references to the record and legal principles, and not detailing how evidence supported his claims. Therefore, the WCAB found the petition insufficient and dismissed it.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852skeletal petitionmaterial evidencespecific references
References
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