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

Case No. ADJ7319072
Regular
Nov 13, 2013

MARIO FABELA vs. STAFFMARK INVESTMENT, LLC, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied Mario Fabela's petition for reconsideration of a decision that found he did not sustain an injury arising out of and in the course of employment. The Board adopted the judge's report, which found Fabela's testimony lacked credibility, particularly in light of surveillance video showing him performing various physical activities with little difficulty two months after the alleged fall. Medical evidence also questioned the extent of his reported symptoms, noting negative diagnostic tests. Therefore, the Board concluded the evidence did not justify the applicant's claim for an industrial injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJGarza v. Workmen's Comp. Appeals Bd.Staffmark InvestmentLLCCannon CochranFabelaDate of Injury
References
1
Case No. ADJ255121 (LBO 0306490) ADJ823370 (LBO 0306489)
Regular
Dec 16, 2014

MARIA FABELA vs. COAST CAST CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, CALIFORNIA COMPENSATION, INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) case involves applicant Maria Fabela seeking reconsideration of a prior decision. The WCAB has granted the petition for reconsideration due to the need for further study of the factual and legal issues. This action is intended to ensure a thorough understanding of the record and enable a just decision. All future filings must be in writing to the Office of the Commissioners and not submitted to district offices or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemFloyd Skeren & Kelly LLPLaw Office of Lafayette Blair
References
0
Case No. ADJ255121 (LBO 0306490) ADJ823370 (LBO 0306489) ADJ758425 (LBO 0306491)
Regular
Feb 19, 2013

MARIA FABELA vs. COST CAST, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for CAL COMP INSURANCE, in liquidation, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's decision on evidentiary and procedural issues was not a final order. However, the WCAB granted removal, finding that the exclusion of vocational rehabilitation evidence would cause significant prejudice. The WCAB rescinded the WCJ's order and returned the case to the trial level. This action allows for further proceedings and a decision on the vocational evidence, considering it was not available at the time of the mandatory settlement conference and there was no allegation of lack of diligence.

LeBoeuf issuevocational rehabilitationremovalreconsiderationinterlocutory ordersubstantive rightpermanent disabilityapportionmentmandatory settlement conferencepre-trial conference statement
References
9
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