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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. 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. LAO 803734
Regular
Apr 28, 2008

PERFECTA CORTES vs. STARWOODS HOTEL & RESORTS, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board dismissed Continental Medical Center of Paramount's petition for reconsideration because it was untimely, filed over two years after the original order. The Board also dismissed the petition due to the petitioner's failure to serve the defendant and file proof of service, which are jurisdictional requirements. Even on the merits, the petition would have been denied as outlined in the WCJ's report.

Continental Medical CenterPetition for ReconsiderationDismissalUntimely FilingLack of Proof of ServiceLabor Code SectionsWCAB RegulationsJurisdictional Time LimitsFailure to ServeFindings and Order
References
Case No. ADJ7325988; ADJ7329616 ADJ8801451
Regular
Jul 19, 2018

PAMELA MNYANDU vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, ROY ROMER MIDDLE SCHOOL, Permissibly Self-Insured, Administered by SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration and Removal. The dismissal was based on the applicant's failure to properly serve the defendant's attorney of record, as required by Labor Code section 5905 and Appeals Board Rules. Service was only made on the defendant's claims adjuster, not their listed legal counsel. Consequently, the Board found this procedural defect grounds for dismissal.

Petition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals BoardFailure to ServeAttorney of RecordClaims AdjusterProof of ServiceDismissalLabor Code section 5905Appeals Board Rules
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. ADJ10062283
Regular
Jan 08, 2016

MARIA CARVALHO vs. IN-HOME SUPPORTIVE SERVICES, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied York Risk Services Group's petition for reconsideration of a $\$ 200.00$ sanction. The sanction was imposed for York's failure to appear at a hearing for which it was properly served by mail. York failed to provide good cause for its non-appearance, and its assertion of resolving issues telephonically did not excuse the failure to appear. The Board upheld the WCJ's finding that the notice was properly served and no reasonable excuse was offered.

Workers' Compensation Appeals BoardSan Jose District OfficePetition for ReconsiderationOrder Imposing SanctionsFailure to AppearGood CauseNotice of HearingService by MailElectronic Adjudication Management SystemPresumption of Receipt
References
Case No. ADJ176141
Regular
Jul 06, 2012

LUCIA RUIZ vs. SUBWAY, STATE FARM INSURANCE

The Workers' Compensation Appeals Board dismissed Managedmed Inc.'s petition for reconsideration of an order dismissing its lien claim. The dismissal was based on Managedmed's failure to serve a copy of the petition on defense counsel, which is a mandatory procedural requirement. While Managedmed cited computer issues for its initial non-appearance at a lien conference, the Appeals Board found this argument irrelevant to the procedural defect of non-service of the petition. Failure to properly serve is a proper ground for dismissal of a petition for reconsideration.

Petition for ReconsiderationLien ConferenceOrder Dismissing Lien ClaimsWCJLien ClaimantFailure to AppearNotice of Intent to DismissService of ProcessAdverse PartiesProof of Service
References
Case No. ADJ9828813, ADJ9828571
Regular
Sep 18, 2019

Eric Life vs. State of California Department of Corrections, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant Eric Life's Petition for Disqualification of the workers' compensation administrative law judge (WCJ). The dismissal was based on multiple grounds: the petition was untimely filed nearly three months after the last WCJ action, and it failed to serve the opposing parties or include a proof of service. Furthermore, the WCAB noted that even if timely and properly served, the petition lacked specific factual allegations under penalty of perjury required to establish grounds for disqualification. The Board also admonished the applicant for engaging in prohibited ex parte communications.

Petition for DisqualificationWCJ disqualificationdue processLabor Code section 5311WCAB Rule 10452untimely filingfailure to serveex parte communicationCode of Civil Procedure section 641bias
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. ADJ3632632 (BGN 0063300) ADJ2683905 (BGN 0063302)
Regular
May 01, 2017

HARDISTENE HOWARD vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY, TRAVELERS INSURANCE

The applicant filed a petition to disqualify the Workers' Compensation Administrative Law Judge, but it is being dismissed by the Appeals Board. The petition is dismissed because it was not verified as required by WCAB Rule 10450(e). Additionally, the applicant failed to properly serve the petition on the adverse parties, violating WCAB Rule 10450(f). The applicant had notice of the defect and failed to cure it within a reasonable time.

Petition for DisqualificationUnverified PetitionFailure to ServeWCAB Rule 10450DismissalAdministrative Law JudgeWorkers' Compensation Appeals BoardAdverse PartiesVerification DefectGood Cause
References
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