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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. SBR 0282949, SBR 0294486, SBR 0296318
Regular
Dec 27, 2007

VICTOR ZYSS vs. ADVANCED RADIOLOGY OF BEVERLY HILLS, LIEN RECOVERY SERVICES

The Workers' Compensation Appeals Board granted reconsideration to amend a dismissal order. The Board affirmed the administrative law judge's dismissal of the lien claimant's lien for failure to appear at a conference and respond to a notice of intention to dismiss. However, the dismissal was amended to be without prejudice.

Workers' Compensation Appeals BoardLien ClaimantDeclaration of ReadinessDismissalDue ProcessReconsiderationFindings and OrderWCJAdministrative Law JudgeLien Recovery Services
References
Case No. ADJ7654044
Regular
Oct 14, 2011

Freda Payne vs. Rock Creek/Res Care, Specialty Risk La Habra

The Workers' Compensation Appeals Board granted Freda Payne's petition for reconsideration, rescinding the prior dismissal of her case. The dismissal was based on failure to prosecute, specifically missing two depositions and not responding to a Notice of Intention to Dismiss (NIT). The Board found that Payne's attorney filed a timely objection to the NIT, which, along with ongoing settlement discussions and the sparse record, warranted further proceedings. Therefore, the case was returned to the WCJ for further action.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalFailure to ProsecuteNotice of Intention to DismissCumulative Trauma InjuryNervous System-PsycheCirculatory SystemHead InjuryDeposition Failure
References
Case No. ADJ2041939 (SBR 0340035)
Regular
Dec 14, 2016

Carlos Garcia vs. Department of Transportation, State Compensation Insurance Fund

This case concerns petitions for reconsideration of three dismissed medical liens filed by Pinnacle Lien Services (PLS) on behalf of three doctors. PLS failed to appear at a lien conference and did not respond to Notices of Intent to Dismiss. The WCAB denied reconsideration, finding PLS provided insufficient justification for its failures to appear and respond, and that relief under CCP § 473 was not warranted due to lack of proper documentation and communication breakdowns. The Board emphasized the need for a substantial explanation for non-appearance and failure to respond to dismissal notices.

Workers' Compensation Appeals BoardOrders Dismissing LiensPetitions for ReconsiderationLien ConferenceNotices of Intent to DismissFailure to AppearExcusable NeglectCCP § 473Fox v. Workers' Comp. Appeals Bd.Discretionary Relief
References
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
Case No. ADJ6697121
Regular
May 13, 2013

GABRIELA GUZMAN vs. SIGUE CORPORATION, CRUM AND FORSTER

This case involves a lien claimant's petition for reconsideration after their lien was dismissed by a Workers' Compensation Judge for failure to pay a required lien activation fee and appear at a lien conference. The lien claimant claimed they lacked proper notice of the conference, but official records indicated notice was properly served. The Board found no good cause for the claimant's non-appearance or failure to respond to the subsequent dismissal order, concluding that a failure to calendar a properly noticed hearing does not constitute excusable neglect. Therefore, the petition for reconsideration was denied, affirming the dismissal of the lien.

Lien activation feePetition for reconsiderationWorkers' compensationLien claimantWCJOrder Dismissing Lien ClaimFailure to payProof of paymentLien conferenceExcusable neglect
References
Case No. ADJ3149068 (LAO 0875000)
Regular
Jan 23, 2013

RITA PINELA vs. ASCOT ENTERPRISES, INC.; STATE COMPENSATION INSURANCE FUND; THE HARTFORD

The applicant sought reconsideration of an order dismissing her workers' compensation claim without prejudice. The claim was initially dismissed on April 19, 2011, due to failure to prosecute, which the applicant did not contest. A subsequent dismissal on November 9, 2012, also for failure to prosecute after the applicant again failed to respond to notices, was properly issued. The Appeals Board denied the petition for reconsideration, finding the applicant's arguments frivolous.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalMedical-legal costsIndustrial injuryMachine operatorCervical spineThoracic spineLumbar spineNeck
References
Case No. ADJ4693318 (LAO 0790101) ADJ4457039 (LAO 0790245)
Regular
Nov 04, 2011

ALIONZO AVILA vs. L &M DIVERSIFIED, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by XCHANING for FREMONT INSURANCE CO. and HIH AMERICA in liquidation, STATE COMPENSATION INSURANCE FUND, CNA CLAIM PLUS

A lien claimant's petition for reconsideration was dismissed for being untimely, unverified, and lacking substantive grounds, echoing the WCJ's original dismissal order. This dismissal was based on the claimant's failure to appear at a lien trial and respond to a notice of intent. The Appeals Board is also initiating sanctions against the lien claimant and their representative for filing a frivolous and bad faith petition, citing their repeated failures and misuse of Board resources.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LienUnverified PetitionUntimely PetitionFailure to AppearSanctionsLabor Code §5813Bad FaithFrivolous Tactics
References
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