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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. STK 0187467
Regular
Sep 26, 2007

HASINA SINGH vs. MARINA VILLAGE WEST, ZENITH INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's decision, affirming the disallowance of a lien claimant's claim for medical-legal costs due to insufficient proof. However, the WCAB reversed the WCJ's imposition of sanctions against the lien claimant, finding that the defendant failed to meet its burden of proof to demonstrate the claimant's non-compliance with WCAB rules regarding availability for settlement discussions. The WCAB rescinded the sanctions order, finding the lien claimant's petition on that issue meritorious.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrdersMedical-Legal CostsBad Faith ActionsSanctions OrderCompromise and ReleaseWCAB RulesMandatory Settlement Conference
References
Case No. ADJ8204664
Regular
Dec 16, 2013

MARIA MUNOZ vs. FLOREZ FAMILY, INC. dba McDONALD'S RESTAURANT

This case involves a defendant's petition for reconsideration of an interlocutory order by a WCJ regarding the proper selection of a medical panel. The Appeals Board vacated its prior order granting reconsideration, finding that interlocutory orders are not subject to reconsideration. Additionally, the Board granted removal on its own motion due to the defense attorney's failure to respond to a notice of intent to impose sanctions. Consequently, the defense attorney was ordered to pay a $100 sanction to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardReconsiderationSanctionsDefense AttorneyFindings and AwardFindings and OrderLabor Code section 4062.2Labor Code section 5900Interlocutory OrderRemoval
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. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
Case No. ADJ7251132
Regular
May 18, 2015

ROSALIE ALVAREZ vs. BAH CALIFORNIA, PMA, administered by GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) denied Monrovia Memorial Hospital's petition for reconsideration. The lien claimant argued due process violations regarding penalties, interest, and excluded evidence. However, the WCAB adopted the judge's report, denying reconsideration of the original order. The WCAB also clarified that the Notice of Intention to Impose Sanctions is not a final order subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings and OrderEvidentiary RulingNotice of Intention to Impose SanctionsDue ProcessFinal OrderInterlocutory OrderSanctions
References
Case No. ADJ2132852 (VNO 0380163)
Regular
Jan 23, 2009

TOMAS SANCHEZ vs. ST. GEORGE TRUCKING, AMERICAN HOME ASSURANCE, Administered by AIG DOMESTIC CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order imposing sanctions and costs on the applicant's attorney and hearing representative. The WCAB found that the original order was based on a critical factual error regarding the applicant's attendance at a prior trial, which was not properly corrected. Due to significant factual disputes and potential due process issues, the WCAB returned the matter to the trial level for further proceedings and a new decision on sanctions and costs by a different WCJ. The petition for removal was dismissed as reconsideration was deemed an adequate remedy.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationFindings and OrderSanctionsCostsAdministrative Law JudgeHearing RepresentativeDue ProcessSubstantial Evidence
References
Case No. ADJ9613492
Regular
Sep 05, 2025

BRIGITTE PAIGE vs. COUNTY OF RIVERSIDE

Brigitte Paige, an office assistant, sustained injuries to her lumbar spine, hip, and psyche in 2014 while employed by the County of Riverside. San Diego Imaging, Inc., doing business as California Imaging Solutions, sought reimbursement for medical-legal services which the Workers' Compensation administrative law judge (WCJ) denied in Findings and Orders (F&O) on December 21, 2020. The Appeals Board granted reconsideration and found that the defendant's objection to an earlier Order Allowing Costs was untimely, making that order effective on April 2, 2019. Consequently, the Board rescinded the WCJ's F&O, substituted a new F&O finding the defendant liable for payment based on the April 2, 2019 order, and deferred the issue of costs and sanctions to the trial level.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersCost PetitionerMedical-Legal ServicesSubpoena Duces TecumCompromise and ReleaseStipulations with Request for AwardOrder Allowing CostsTimeliness of Objection
References
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
Case No. ADJ2558516 (VNO 0339174) ADJ4123268 (VNO 0339173)
Regular
May 20, 2015

PAULA RANGEL vs. PALOS VERDES DEVELOPERS, CIGA by its servicing facility, SEDGWICK CMS for FREMONT INDEMNITY INSURANCE COMPANY, in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was filed against an interlocutory order compelling the service of medical-legal reports, not a final order. The Board also denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm. The WCAB noted that the defendant's arguments regarding procedural due process were unfounded as they had a hearing and opportunity to be heard. Finally, the Board admonished the defendant's representative for misstating facts, citing outdated authority, and filing improper petitions, warning of future sanctions.

WCABPetition for ReconsiderationPetition for RemovalOrder Compelling ServiceMedical/Legal ReportingLien ClaimantProcedural Due ProcessInterlocutory OrderExtraordinary RemedySubstantial Prejudice
References
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