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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. ADJ7270261
Regular
Mar 01, 2012

MEKAL FARUKI vs. MACY'S DEPARTMENT STORES

This case involves Mekal Faruki's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition as untimely. Labor Code section 5903 establishes a strict 20-day deadline for filing reconsideration petitions, with a possible 5-day extension for mailing. Critically, the petition is considered filed upon receipt, not mailing date. Faruki's petition was filed over 25 days after the December 10, 2010 decision, rendering it jurisdictionally barred.

Mekal FarukiMacy's Department StoresPetition for ReconsiderationUntimely FilingLabor Code Section 5903WCAB Rule 10507Jurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardSacramento District Office
References
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
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. ADJ7020366
Regular
Aug 22, 2013

OCTAVIO GONZALEZ vs. BODEGA LATHE CORPORATION, PACIFIC COMP INSURANCE

The Workers' Compensation Appeals Board dismissed Octavio Gonzalez's petition for reconsideration because it was untimely filed. The petition was submitted more than 25 days after the administrative law judge's decision, exceeding the 20-day statutory limit, which can be extended by five days for mail. Because the deadline for filing a petition for reconsideration is jurisdictional, the Board lacked the authority to consider it. Had the petition been timely, it would have been denied on the merits as well.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely filingJurisdictional time limitLabor Code section 5903Administrative Law JudgeWCJ's Report and RecommendationMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v. Workers' Comp. Appeals Bd.
References
Case No. ADJ4158118
Regular
Nov 06, 2012

JUAN GONZALEZ vs. VALLEY HEAT TREATING, INC., LIBERTY MUTUAL INSURANCE CO.

This case concerns a petition for reconsideration filed by Juan Gonzalez. The Workers' Compensation Appeals Board dismissed the petition because it was untimely. Labor Code section 5903 provides a 20-day filing window, which is not extended by mail when personal service occurs. Since the petition was filed after this jurisdictional deadline, the Board lacked the power to grant it. Additionally, the Board indicated the petition would have been denied on its merits had it been timely filed.

WCABPetition for ReconsiderationUntimely FilingLabor Code Section 5903Personal ServicejurisdictionalDismissalWCJ's ReportReport and RecommendationWrit Denied
References
Case No. ADJ9097128
Regular
Jun 18, 2015

MATTHEW WALKER vs. TAMPA BAY LIGHTNING, CHICAGO BLACKHAWKS, ST. LOUIS BLUES, FEDERAL INSURANCE (CHUBB GROUP OF INSURANCE COMPANIES)

This case concerns a professional hockey player's workers' compensation claim filed after September 15, 2013. The key issue was whether the amended Labor Code section 3600.5, effective on that date, barred the claim. The Appeals Board reversed the initial finding, holding that the statute's plain language dictates its application to claims filed on or after September 15, 2013. As the applicant's claim was filed after this date, the amendments apply. Due to a stipulation that the amended law bars the claim, the applicant was ordered to take nothing.

Labor Code 3600.5Petition for ReconsiderationDecision After ReconsiderationProfessional AthleteCumulative Industrial InjuryFiling DateLabor Code 5401(c)Code of Civil Procedure 12aCalifornia Code of Regulations title 8 section 10508Operative Date
References
Case No. ADJ7128820
Regular
Mar 26, 2018

Carlos Hernandez Moreno vs. Pavor Decor Masonry, Inc., Insurance Company of the West

This case involved a petition for reconsideration filed with the Workers' Compensation Appeals Board. The Board dismissed the petition because it was filed late, ten days after the statutory deadline. California law dictates that a petition for reconsideration must be *received* by the Board within 25 days of service, not just mailed. As the petition was filed after this jurisdictional deadline, the Board lacked the authority to consider it.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyDismissalLabor CodeCalifornia Code of RegulationsJurisdictionalWCJOrder Dismissing LienService by Mail
References
Case No. ADJ9943129, ADJ9943127, ADJ10338826
Regular
Dec 22, 2015

LUISA CORTES vs. LUCY'S MEXICAN RESTAURANT, AMGUARD INSURANCE CO, GUARD INSURANCE

This case concerns a Petition for Reconsideration filed by the defendants, Lucy's Mexican Restaurant and its insurers. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely filed. The WCAB clarified that a petition must be received by the Board within the statutory 25-day period, not merely mailed. Since the petition was filed three days after the deadline, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimely filingLabor CodeCalifornia Code of RegulationsJurisdictional time limitWCJJoint Findings of Fact and OrderMailing dateFiling dateDismissal
References
Case No. ADJ3370297 (SFO 0446248)
Regular
Aug 29, 2014

SHANNON MURPHY vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED

This case involves a Petition for Reconsideration filed by applicant Shannon Murphy against Oakland Unified School District and JT2 Integrated. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 25 days after the original Award issued on September 23, 2005. This delay exceeds the statutory 20-day period for filing reconsideration, plus the additional 5 days for mailing. Therefore, the Board found the petition procedurally barred and dismissed it.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Code of Civil Procedure Section 1013Workers' Compensation Appeals BoardDismissal OrderAward DateAdministrative Law Judge ReportApplicantDefendant Employer
References
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