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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. ADJ5487199 ADJ5087748 ADJ8108959 ADJ8253201
Regular
Oct 09, 2017

AVIGAIL URUETA vs. NORTHROP CORPORATION, AIG, FREMONT INDEMNITY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a November 28, 2016 Joint Findings and Award. Subsequently, the Workers' Compensation Judge (WCJ) issued an Amended Joint Findings and Award on January 4, 2017, within the permissible 15-day window for amendments. Since no further petitions for reconsideration were filed regarding the amended decision, the WCAB vacated its initial grant of reconsideration. Consequently, the petitions for reconsideration of the original award are dismissed.

Workers' Compensation Appeals BoardNorthrop CorporationAIGFremont IndemnitySedgwick CMSPetition for ReconsiderationJoint Findings and AwardAmended Joint Findings and AwardWCJWCAB Rule 10859
References
Case No. ADJ352088 (MON 0360366)
Regular
Apr 12, 2011

NANCY MONTOYA vs. AUGUST CONSTRUCTION, INC., SEABRIGHT INSURANCE

This case concerns a clerical error in a workers' compensation award where the weekly temporary disability indemnity rate was inconsistently stated. The applicant, Nancy Montoya, incurred an industrial injury while employed by August Construction, Inc. The defendant petitioned for reconsideration to correct the typographical error in the Findings and Award, specifically regarding the stipulated temporary disability indemnity rate. The Workers' Compensation Appeals Board granted reconsideration, amended the award to reflect the agreed-upon rate of $833.33 per week, and returned the case for further proceedings.

Workers' Compensation Appeals BoardAugust ConstructionSeabright InsuranceFindings and AwardPetition for ReconsiderationTypographical ErrorTemporary Disability Indemnity RatePermanent Disability Indemnity RateStipulationReport and Recommendation
References
Case No. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
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. ADJ247666 (AHM 0049425) ADJ2739663 (AHM 0049426)
Regular
Jul 11, 2017

STEVE CHEGWIN vs. SBC/PACIFIC BELL TELEPHONE; Permissibly Self-Insured, Administered By SEDGWICK CLAIMS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration. Although the WCJ initially recommended dismissal as untimely, the WCAB found the petition timely because the amended award, correcting a date for permanent disability indemnity, constituted a material change extending the reconsideration period. Despite finding the petition timely, the WCAB adopted the WCJ's reasoning for denying reconsideration on the merits. The WCAB found that the amendment regarding the start date of permanent disability indemnity was a substantial change, and the issue was sufficiently interwoven with the overall award to extend the reconsideration deadline.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeJoint Findings and AwardAmended Joint Findings and AwardPermanent Disability IndemnityClerical ErrorMaterial ChangeJudicial FunctionInterwoven Award
References
Case No. ADJ10008098
Regular
Feb 06, 2017

YVETTE SALDIVAR vs. STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the judge's findings of fact and award. While the defendant argued against the applicant's burden of proof, the WCJ's credibility finding, and the award of temporary disability instead of Industrial Disability Leave, the Board ultimately amended the findings. The Board found that the applicant sustained a cumulative trauma injury to her psyche through January 28, 2014, arising out of and in the course of employment, affirming the rest of the original award.

PSYCHE INJURYCUMULATIVE TRAUMASPECIFIC INJURYTEMPORARY DISABILITY INDEMNITYINDUSTRIAL DISABILITY LEAVERECONSIDERATIONFINDINGS AND AWARDWORKERS' COMPENSATION ADMINISTRATIVE JUDGEAPPEALS BOARDBURDEN OF PROOF
References
Case No. ADJ15834374
Regular
Apr 14, 2025

HARMINDER SINGH vs. SUNVIEW LOGISTICS, INC.; SPEED INTERMODAL; MANPREET SINGH; CLEAR SPRING INSURANCE

The case involves Harminder Singh, a truck driver, claiming a workers' compensation injury while employed by Sunview Logistics, Inc. and/or Manpreet Singh dba Speed Intermodal. The Workers' Compensation Administrative Law Judge (WCJ) initially found joint employment and joint and several liability between Sunview Logistics and Speed Intermodal. Defendant Speed Intermodal sought reconsideration, arguing a lack of substantial evidence for joint employment. The Appeals Board denied the petition for reconsideration, concurring with the WCJ's findings of fact regarding joint employment, citing substantial documentary and testimonial evidence.

Workers' Compensation Appeals BoardSunview LogisticsSpeed IntermodalManpreet Singhjoint employmentjoint and several liabilitypetition for reconsiderationFindings and OrderLabor Code section 5909Electronic Adjudication Management System (EAMS)
References
Case No. ADJ2500161 (BAK 0135729) ADJ3225816 (BAK 0135708) ADJ2766892 (BAK 0147317)
Regular
Mar 03, 2014

HECTOR GOMEZ vs. WATER WAYS IRRIGATION, GOLDEN EAGLE INSURANCE COMPANY

The Board granted reconsideration and rescinded the PWCJ's December 9, 2013 award. The PWCJ conceded errors in rating permanent disability for separate injuries and improperly amending a prior finding. The case is returned to the trial level for proper notice, further proceedings on all three injury claims, and a new decision. The PWCJ also needs to address the correct indemnity rate for the vocational rehabilitation hernia injury.

Workers' Compensation Appeals BoardPermanent Partial DisabilityVocational Rehabilitation InjuryApportionmentIndemnity RateFindings of FactOrder Amending Finding of FactRescindedReturned to Trial LevelIndustrial Injury
References
Case No. ADJ3776569 (LAO 0771449), ADJ3927273 (LAO 0771450)
Regular
May 14, 2025

MARIA MARTINEZ vs. BOSS FASHIONS INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Lien claimant The Dental Trauma Center (DTC) sought reconsideration of an Amended Joint Findings and Order issued by a workers' compensation administrative law judge. The Workers' Compensation Appeals Board granted reconsideration to review the legal and factual issues. Subsequently, the parties resolved DTC's lien through a stipulation during a commissioners' settlement conference. The Board approved this stipulation and, as a result, rescinded the earlier Amended Joint Findings and Order.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationLiquidationReconsiderationLien ClaimantStipulationApprovedRescindedAmended Joint Findings and OrderCommissioner's Settlement Conference
References
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