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

Case No. ADJ2263859 (LBO 0377745)
Regular
Feb 02, 2015

GUADALUPE MONTANO vs. COUNTRYWIDE FINANCIAL CORP., ACE USA/ESIS

In *Montano v. Countrywide Financial Corp.*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The WCAB adopted the findings of the administrative law judge's report. The petition was dismissed solely because it was untimely filed.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRecord ReviewIncorporated ReportPermissibly Self-InsuredAdjusted by ACE USA/ESIS
References
0
Case No. ADJ7701496
Regular
Nov 08, 2012

GILBERTO SALDANA vs. SCOTT CHUONG, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding that Scott Chuong was not the applicant's employer when he sustained a back injury while painting Chuong's home. The applicant was instead found to be employed by Filiberto Montano, an unlicensed and uninsured contractor who hired the applicant. The WCAB also imposed $250 in sanctions against the applicant's attorney for frivolous filings and violations of WCAB Rules, finding no good cause to excuse these actions.

Workers' Compensation Appeals BoardGilberto SaldanaScott ChuongFarmers Insurance ExchangeADJ7701496Opinion and Decision After ReconsiderationOrder Imposing SanctionsLabor Code section 5813WCAB Rule 10561Filiberto Montano
References
1
Case No. ADJ6781132
Regular
Oct 03, 2013

GERONIMO MONTANO vs. SA RECYCLING, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied Nepac Providers, LLC's Petition for Reconsideration. The lien claimant failed to appear at a scheduled hearing and did not pay the required activation fee. The Board adopted the Administrative Law Judge's report, finding that the lien claimant misrepresented facts and that their contentions regarding premature filings were incorrect. The Board also warned the lien claimant against future misrepresentations to avoid sanctions.

Petition for ReconsiderationLien ClaimantWCABWCJOrder DenyingMisrepresentation of FactsNotice of IntentionSanctionsDeclaration of Readiness to ProceedActivation Fee
References
0
Case No. ADJ2956078
Regular
Nov 17, 2010

FILIBERTO SANTOYO vs. FIESTA FOOD WAREHOUSE, SPRINGFIELD INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that the applicant misrepresented material evidence in the petition. The applicant had argued the trial judge issued an order without allowing a response, thus violating due process. However, the Board found inconsistencies between the applicant's claims regarding medical reports and the actual contents of those reports. The case is returned to the trial level for proceedings consistent with the opinion.

Petition for RemovalOrder RescindingDue ProcessQualified Medical EvaluatorsMedical Record DevelopmentApplication for Adjudication of ClaimIndustrial InjurySecurity GuardRight KneeLower Extremities
References
1
Case No. ADJ9427226
Regular
Aug 20, 2018

FILIBERTO GARCIA vs. BARRETT BUSINESS SERVICES, INC./ BUSINESS FINANCIAL SERVICES

This case involves lien claimant Mesa Pharmacy seeking reconsideration of an order staying its lien under Labor Code section 4615. Over 19,000 cases, including this one, were consolidated due to common issues regarding Mesa Pharmacy's liens and potential connections to criminal proceedings. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the trial level. This is to allow WCJ Gunn to determine if this specific case should be excluded from the consolidation.

WCABPetition for ReconsiderationFindings and OrderLien ClaimantLabor Code Section 4615Stay of LienOrder of ConsolidationMaster FileCommon Issues of Fact and LawOwnership and Control
References
1
Case No. ADJ8591144
Regular
Jun 11, 2019

ENRIQUE MONTANO vs. JESSE HARO dba JESSE'S GARDENING, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior award. The WCAB rescinded the administrative law judge's (WCJ) findings, which had awarded $8\%$ permanent disability and no future medical treatment, finding that the applicant was denied due process. Specifically, the WCJ submitted the matter for decision after the applicant left the hearing and failed to issue a proper notice of intent to submit, violating WCAB Rule 10562. The WCAB denied the applicant's request to disqualify the WCJ, finding no evidence of bias. The case is returned to the WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardTemporary DisabilityPermanent DisabilityMedical TreatmentSubstantial Medical EvidenceDue ProcessWCJ DisqualificationLabor Code Section 5311
References
0
Case No. VNO 0400309
Regular
Apr 29, 2008

FILIBERTO MENDOZA vs. CHEF AMERICA, INC., CIGA/INTERCARE for HIH AMERICA, in liquidation

The defendant sought reconsideration of an award finding new and further disability to the applicant's neck and back, arguing the neck injury was not originally claimed and was time-barred. The Appeals Board granted reconsideration, rescinded the original award, and returned the case for further proceedings. This was primarily because crucial medical reports supporting the new and further disability claim were not properly admitted into evidence, preventing a decision based on substantive proof.

New and further disabilityPetition to ReopenStipulations with Request for Awardstatute of limitationsclerical errormedical evidencetreating physicianQMEcervical spinelumbar spine
References
12
Case No. ANA 391914
Regular
Oct 01, 2007

HENRY MONTANO vs. BIMBO BAKERIES & ACE AMERICAN INSURANCE COMPANY, INC., EMPLOYERS SELF-INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, finding that the 2005 Permanent Disability Rating Schedule, not the 1997 schedule, should apply. This is because the applicant's temporary disability benefits payment period did not trigger the exceptions requiring the older schedule. The case is remanded for a new decision using the 2005 schedule for calculating permanent disability benefits.

Permanent Disability Rating Schedule4660(d)Virgil Hernandez M.D.Richard Burke D.P.M.Comprehensive Medical-Legal ReportTreating Physician ReportSection 4061 NoticeTemporary Disability IndemnityPermanent and StationaryQualified Medical Evaluators
References
0
Case No. ADJ8787215
Regular
Jan 10, 2014

FILIBERTO MARTINEZ vs. VORTEX WHIRLPOOL SYSTEMS, INC.; CYPRESS INSURANCE COMPANY, c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied Filberto Martinez's petition for reconsideration. Martinez sought reimbursement for self-procured medical treatment outside the defendant's Medical Provider Network (MPN), claiming the defendant failed to provide adequate care. The Board found that the defendant provided timely MPN notice and initial medical treatment. Martinez's claim that the treatment was ineffective or a misdiagnosis did not justify self-procurement, as he failed to utilize available internal MPN dispute resolution processes.

Workers' Compensation Appeals BoardPetition for ReconsiderationMedical Provider Network (MPN)Labor Code section 4616.3Self-procured medical treatmentExpedited HearingLabor Code section 4600Medical utilization treatment scheduleIndependent Medical Review (IMR)Findings and Order
References
0
Case No. ADJ7665162, ADJ7647930, ADJ7644904
Regular
Apr 11, 2014

MARTINA MONTANO vs. WEST COAST PLASTICS, INC., ZENITH INSURANCE CO., CYPRESS INSURANCE CO., INSURANCE CO. OF THE WEST

The Appeals Board granted reconsideration, rescinded dismissal orders for lien claimants LYG Professional Medical Group and Southern California Sports Rehabilitation, and returned the matter to the trial level. This was because the dismissal orders were not properly served on the lien claimants' agent of record, MBS Systems. Additionally, the record was unclear as to whether MBS Systems' representative appeared at the lien conference. Consequently, the Board found further proceedings necessary to determine the status of the liens.

Lien ClaimantsPetition for ReconsiderationSelf-Executing OrderLien ConferenceDismissal with PrejudiceRule 10500(b)Designated ServiceAgent of RecordRule 10510Proof of Service
References
1
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