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

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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case.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. 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. ADJ8098671
Regular
Jun 27, 2013

MARIA PORTILLO vs. KIM LIGHTING DIVISION OF HUBBELL, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The dismissal was based on the lien claimant's failure to appear at a properly noticed lien trial, as evidenced by multiple mailings by the defendant that were not returned as undeliverable. The Board found the lien claimant's arguments regarding lack of notice to be unsubstantiated by the record. Additionally, the Board indicated it would consider sanctions against the lien claimant for prosecuting a frivolous petition.

Lien claimantPetition for ReconsiderationOrder Dismissing Lienfailure to appearlien trialNotice of Intention to Dismiss LiensBoard Rule 10562service of noticeOfficial Address Recordsanctions
References
Case No. ADJ299234 (RIV 0051292)
Regular
Jul 02, 2012

JUAN GARCIA vs. WILLIAM BOWER ASSOCIATES INC., STATE COMPENSATION INSURANCE FUND

This case involves Applicant Juan Garcia seeking reconsideration of his workers' compensation claim's dismissal for failure to prosecute. The Appeals Board granted reconsideration to allow Applicant an opportunity to show good cause why the dismissal should not be affirmed. The Applicant claims he was denied due process because his attorneys allegedly did not receive the Notice of Intention to Dismiss or the defendant's Petitions for Dismissal. The Board, however, presumes proper mailing and is giving Applicant's counsel a 30-day window to present a verified response demonstrating good cause.

Petition for ReconsiderationOrder Dismissing CaseFailure to ProsecuteLack of ProsecutionNotice of Intention to DismissDue ProcessVerified ResponseService of ProcessWCJAppeals Board
References
Case No. ADJ6778804
Regular
Jun 15, 2012

MARY AVILA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The applicant's petition for reconsideration was denied because her case was properly dismissed for failure to prosecute under Rule 10582. The applicant's counsel had not contacted her for over three years, and despite notices, the applicant failed to provide a verified objection with medical records or an explanation for her lack of contact. The Board found that the applicant and her counsel did not fulfill their duty to maintain a current address and keep the Appeals Board informed. The dismissal was without prejudice, allowing the applicant to potentially reopen the case if she can be located and demonstrates good cause within the statutory period.

Petition for ReconsiderationWCJDismissal Without PrejudiceFailure to ProsecuteAppeals Board Rule 10582Official Address RecordNotice of IntentionVerified ObjectionLack of ProsecutionGood Cause
References
Case No. ADJ967789 (ANA 0387775)
Regular
Feb 03, 2016

HECTOR LUCIO vs. SIERRA LATHING, SIERRA LATHING CO.; ZENITH INSURANCE

Here's a summary for a lawyer, max 4 sentences: The Applicant seeks reconsideration of a dismissal for failure to prosecute after not appearing at a Mandatory Settlement Conference and alleging lack of notice. The Appeals Board denied reconsideration because the Applicant's petition was unverified and the attorney failed to cure this defect after notification. A dissenting opinion argued for granting reconsideration to determine if the Applicant received proper notice and opportunity to be heard. The majority decision relied on procedural grounds (lack of verification) rather than addressing the substance of the dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal for Failure to ProsecuteNotice of IntentionMandatory Settlement ConferenceFailure to AppearUnverified PetitionOpportunity to be HeardDue ProcessDisposition on Merits
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. 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. 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. ADJ1649441 (AHM 0126632)
Regular
Nov 24, 2009

RAUL TREVIZO vs. ACO LAB, TRUCK INSURANCE EXCHANGE

The defendant's petition for removal is granted, rescinding the September 23, 2009 order. The case is returned to the trial level to address post-termination bar and failure to prosecute issues.

Petition for RemovalLabor Code section 4062.2Off CalendarDiscoveryMedical EvaluationAgreed Medical EvaluatorQualified Medical EvaluatorClaim FormClaims AdministratorPost-Termination Bar
References
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