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

Case No. ADJ6840627; ADJ8645103
Regular
Mar 17, 2025

Dora Sosa, Gerardo Sosa vs. West Coast Computer Exchanges, Inc.; Everest National Insurance Company

Applicant Dora Sosa and Gerardo Sosa sought workers' compensation for injuries sustained on January 25, 2005, to the head, neck, right shoulder, and psyche while employed by West Coast Computer Exchanges, Inc., insured by Everest National Insurance Company. The Workers' Compensation Administrative Law Judge (WCJ) issued Findings of Fact, Awards and Orders on December 19, 2024, finding various points in favor of the applicant, including 65% permanent partial disability and temporary disability indemnity. Defendant petitioned for reconsideration, arguing against the WCJ's findings regarding the disability rating, temporary disability indemnity rate, duration of temporary disability, reimbursement for chiropractic treatment, and EDD's lien. The Appeals Board granted the defendant's petition for reconsideration, deferring a final decision pending further review of the merits and the entire record, citing several issues that require more examination.

ADJ6840627ADJ8645103Petition for ReconsiderationFindings of Fact Awards and OrdersCognitive impairmentPermanent partial disabilityTemporary disability indemnityQME reportingAMA GuidesLabor Code section 4656
References
21
Case No. 535140
Regular Panel Decision
Nov 17, 2022

In the Matter of the Claim of Fernando Nunez

Fernando Nunez appealed two decisions from the Workers' Compensation Board. Nunez, a maintenance worker, sustained work-related injuries in July 2018. In March 2019, he experienced further back issues at home and resigned. His workers' compensation claim was initially established for a lower back injury by a WCLJ, who found the March 2019 incident exacerbated his prior injury and awarded benefits. However, the Board modified this, finding insufficient evidence of a causally-related disability after March 2019, and denied authorization for surgery. The Appellate Division affirmed the Board's decisions, noting Nunez's burden to prove continued disability and the Board's authority to assess medical evidence credibility, especially when expert opinions were based on incomplete histories provided by Nunez.

Workers' CompensationCausally Related DisabilityAppellate ReviewMedical Evidence CredibilityBurden of ProofLumbar Spine InjuryHerniated DiscBoard DecisionIndependent Medical ExaminationIncomplete Medical History
References
9
Case No. ADJ7722627
Regular
Jun 01, 2012

FERNANDO FLORES vs. COUNTY OF MONTEREY

The defendant, County of Monterey, withdrew its Petition for Removal after reaching an agreement with the applicant, Fernando Flores, to utilize an agreed medical evaluator. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition as a result of this withdrawal. This order effectively closes the removal process in this case.

Petition for RemovalAgreed Medical EvaluatorFindings and OrderWorkers' Compensation Appeals BoardDismissalIntercare InsuranceCounty of MontereyAdministrative Law JudgeApplicantDefendant
References
0
Case No. MISSING
Regular Panel Decision
Sep 25, 1998

Moses v. Pinazo

Isidore Moses, a laboratory clerk at New York Community Hospital, sustained personal injuries after slipping on glue during a re-tiling project in the Intensive Care Unit, where Fernando Pinazo, through a subcontractor, was performing work. Moses, despite observing the glue, attempted to navigate around it and subsequently fell. The Supreme Court granted summary judgment dismissing his complaint, a decision which was upheld on appeal. The appellate court determined that Moses did not fall within the protected class of workers under Labor Law § 241 (6) for construction-related hazards, as his role was not connected to the construction work. Furthermore, the court found that the glue constituted an integral part of the re-tiling process, not a covered obstruction under Industrial Code 12 NYCRR 23-1.7 (e). The defendant Pinazo was also found to have no common-law duty to warn, as the hazard was readily observable by Moses, who acknowledged seeing the glue prior to his accident.

Personal InjurySummary JudgmentLabor LawPremises LiabilityDuty to WarnReadily Observable HazardConstruction AccidentAppellate ReviewIndustrial CodeWorker Classification
References
4
Case No. ADJ859899
Regular
Feb 25, 2011

FERNANDO SOSA vs. RIGOBERTO URIARTE DBA RIGO'S PLASTERING, UNISURED EMPLOYERS FUND

This case concerns a second petition for reconsideration filed by the defendant, Rigoberto Uriarte DBA Rigo's Plastering, challenging both the original administrative law judge's decision and the Board's prior denial of reconsideration. The Workers' Compensation Appeals Board dismissed the petition as legally impermissible, citing precedent that prohibits successive petitions after a decision has been rendered. The defendant's sole recourse after the Board's denial was to petition for a writ of review.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalConsecutive PetitionSuccessive PetitionWrit of ReviewWCJ DecisionBoard DecisionCrowe Glass CompanyNavarro v. A&A Farming
References
4
Case No. ADJ859899 (LBO 0374978)
Regular
Oct 25, 2010

FERNANDO SOSA vs. RIGOBERTO URIARTE DBA RIGO'S PLASTERING; UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board dismissed Rigoberto Uriarte's petition for reconsideration. The defendant's petition was found to be impermissibly skeletal, lacking specific references to the record and legal authority as required by California Code of Regulations. The Board cited regulations outlining the necessary components of a petition for reconsideration, including stating material evidence and clearly setting forth contentions. As the defendant failed to meet these procedural requirements, their petition was dismissed.

Workers' Compensation Appeals BoardRigoberto UriarteRigo's PlasteringUninsured Employers FundPetition for ReconsiderationFindings and AwardIndustrial InjuryTemporary DisabilitySkeletal PetitionCalifornia Code of Regulations
References
0
Case No. ADJ7711093
Regular
Nov 10, 2014

Fernando Sosa vs. Source One Staffing, CIGA by its Servicing Facility Patriot Risk Services, For Ullico, in liquidation

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it was unverified. The Board also granted removal on its own motion due to the lien claimant's repeated failure to appear at lien conferences and file proper objections. This conduct, along with filing an invalid petition, suggests potential bad faith and warrants a Commissioner's Conference to determine if sanctions should be imposed. The lien claim was ultimately dismissed by the WCJ for non-appearance.

Workers' Compensation Appeals BoardFernando SosaSource One StaffingCIGAUllicoPetition for ReconsiderationLien ClaimantCalifornia Physician NetworkLLCDenise Mejia
References
2
Case No. ADJ883280 (POM 0291224)
Regular
May 12, 2010

FERNANDO JIMENEZ vs. BEWLEY-ALLEN CADILLAC, HARCO INSURANCE, BROADSPIRE

This case involves Fernando Jimenez's workers' compensation claim against Bewley-Allen Cadillac and its insurer. The Workers' Compensation Appeals Board reviewed Jimenez's Petition for Reconsideration. Citing the administrative law judge's report, the Board dismissed the petition. The final order is the dismissal of the Petition for Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationReport and RecommendationAdministrative Law JudgeDismissedBewley-Allen CadillacHarco InsuranceBroadspireADJ883280POM 0291224
References
0
Case No. ADJ8926229
Regular
Jul 22, 2016

FERNANDO LOPEZ vs. DELUXE LABORATORIES, ZURICH NORTH AMERICA, ESIS

This case involves applicant Fernando Lopez seeking reconsideration of a Workers' Compensation Appeals Board decision. The Board has granted reconsideration to allow for further study of the factual and legal issues. This is necessary to ensure a complete understanding of the record and to issue a just decision. All future filings related to the petition must be submitted directly to the Appeals Board Commissioners, not the district office, and settlement proposals require prompt notification of the Appeals Board.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System
References
0
Case No. ADJ8581135
Regular
Jun 30, 2015

JUAN SOSA vs. DIAMOND STAFFING SERVICES, LUMBERMEN'S UNDERWRITING ALLIANCE

This case involves a petition for reconsideration filed by Applicant Juan Sosa. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely. California law requires petitions for reconsideration to be filed within 25 days of the WCJ's decision, with extensions for weekends or holidays. The petition was filed on June 30, 2015, which was beyond the permissible filing period after the June 3, 2015 decision. The WCAB lacks jurisdiction to consider untimely petitions.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ DecisionJurisdictional Time LimitService by MailProof of FilingExpiration of TimeDismissal OrderLabor Code Sections
References
4
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