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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. ADJ2353136 (STK 0213635)
Regular
Dec 19, 2016

AHMED SHOAIB vs. CAMBELL SOUP COMPANY

This case concerns a dispute over the payment of a workers' compensation settlement. The applicant, Ahmed Shoaib, settled a discrimination claim against Campbell Soup Company for $55,000. Campbell Soup unilaterally withheld over $19,000 from the applicant's share of the settlement for alleged payroll taxes. The Workers' Compensation Appeals Board denied Campbell Soup's petition for reconsideration, finding that the company unreasonably delayed payment by taking a unilateral credit. The Board affirmed the WCJ's decision and the awarded 25% penalty for the delayed payment.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and AwardLabor Code Section 132aAmended Petition for PenaltyDelayed PaymentLabor Code Section 5814Labor Code Section 5814.5Contract EnforcementUnilateral Credit
References
Case No. ADJ2217160
Regular
Jul 16, 2012

ALICIA NEGRETE vs. MARRIOTT INTERNATIONAL, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board granted defendants' petition for reconsideration because a crucial document, their First Amended Petition for Penalties, was missing from the EAMS record. This missing petition was referenced in their petition for reconsideration and is essential for a complete understanding of the case. The Board will dismiss the defendants' petition for reconsideration unless they provide a copy of the referenced document within 15 days. All future filings must be sent directly to the Appeals Board Commissioners' office, not district offices or EAMS.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFirst Amended Petition for PenaltiesCosts and SanctionsEAMSNotice of Intention to DismissAdmitted EvidenceStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
Case No. LAO 836401
Regular
Jun 26, 2007

GLORIA M. GONZALEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, Permissibly Self-Insured, Administered By HAZELRIGG RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a previous award because it was "skeletal," lacking specific references to the record and legal principles. Furthermore, the applicant's amended petition was filed seven days after the statutory deadline, and supplemental petitions require prior Board approval, which was not obtained. The Board concluded that the amended petition would not be considered, even as a supplemental filing, as it appeared to be an attempt to extend the filing period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWCJindustrial injurypermanent disabilityapportionmentmedical treatmentLC 4061/4062P&S
References
Case No. ADJ11124817
Regular
Mar 25, 2019

GASPAR VILLEGAS vs. INTERIOR RESOURCES, SECURITY NATIONAL INSURANCE, AMTRUST NORTH AMERICA, INC.

This case involves defendant's petitions challenging an order awarding interpreter costs. The Appeals Board dismissed the petition for removal and treated the January 22, 2019 petition as a timely petition for reconsideration, which was granted. The Board also dismissed the February 4, 2019 petition as untimely or moot. The January 7, 2019 order was affirmed, but amended to award $228.00 in Labor Code section 5811 costs.

Petition for RemovalPetition for ReconsiderationWCJ reportsLabor Code 5811 Costsinterpreting costsfinal ordersubstantive rightthreshold issueuntimely petitionmoot petition
References
Case No. ADJ4554500 (SJO 0241850) ADJ3355536 (SJO 0226601) ADJ2828611 (SJO 0239906) ADJ7401506
Regular
Sep 23, 2016

IRIS OLGUIN vs. MILPITAS UNIFIED SCHOOL DISTRICT, ACE AMERICAN INSURANCE COMPANY, KEENAN AND ASSOCIATES

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by applicant Iris Olguin. The Board adopted the Workers' Compensation Judge's report, which found no good cause to reform stipulated agreements resolving permanent disability and other issues. Applicant's attorney's attempt to belatedly defer penalty issues was rejected due to violations of procedural rules and Labor Code provisions, specifically Labor Code Section 5814(c), which creates a conclusive presumption that penalty issues are resolved in approved stipulations. The Board admonished counsel for attaching impermissible documents to the petition.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStipulations with Request for AwardLabor Code Section 5814(c)Penalty PetitionsPetition for Relief from DefaultConclusive PresumptionDeferred IssuesFinal AwardWCJ Report
References
Case No. ADJ3462597 (MON 0287034)
Regular
Jan 18, 2011

JOSE G. HERNANDEZ vs. PARK CLEANERS, HIGHLANDS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed and denied defendant Park Cleaners' Petition for Removal. The defendant sought to have a different administrative law judge (WCJ) assigned to the case. The WCAB adopted the WCJ's recommendation, finding the petition untimely and unverified. Furthermore, the defendant failed to demonstrate the significant prejudice or irreparable harm required for removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJUntimely PetitionUnverified PetitionSignificant PrejudiceIrreparable HarmPetition for DisqualificationLabor Code Section 5310Declaration of Readiness
References
Case No. ADJ1412834 (SAC 0351373)
Regular
Mar 24, 2009

DOUGLAS BLIXT vs. COUNTY OF SACRAMENTO

This case concerns the denial of defendant County of Sacramento's petition for attorney's fees and sanctions. The defendant argued applicant's expedited hearing request was improper, but the Workers' Compensation Appeals Board (WCAB) found removal inappropriate. The WCAB granted reconsideration, amending the original order to defer the petitions for penalties and sanctions. The matter is returned for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationQualified Medical Evaluator (QME)Declaration of Readiness to Proceed (DOR)Expedited HearingAttorney's FeesSanctionsPenaltiesLabor Code section 5900
References
Case No. ADJ7144283
Regular
Feb 04, 2015

RALPH LOYNACHAN vs. COUNTY OF LOS ANGELES

This case involved an applicant's petition for removal, seeking to address penalties for delayed treatment, which the WCJ denied due to a pending lien conference. The Appeals Board denied the applicant's petition, finding it failed to meet the extraordinary standards for removal, especially since a status conference request was inappropriate with a scheduled hearing. The defendant's subsequent notice, construed as a removal or disqualification petition, was dismissed as untimely. The Board found the defendant's notice to be without merit, admonishing counsel against future similar filings.

Petition for RemovalAppeals BoardWCJ GutierrezPenalties and SanctionsDelay of TreatmentCatastrophically Injured WorkerPetition for DisqualificationUntimely PetitionLabor Code Section 5311WCAB Rule 10452
References
Case No. ADJ8423237
Regular
Nov 09, 2016

RUBEN SALINAS vs. MAGALY CORPORATION, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied reconsideration, affirming that the lien claimant received due process despite the absence of a formal Notice of Intention to Impose Sanctions. The Board found that the lien claimant had multiple opportunities to respond to the defendant's detailed petitions for sanctions and costs, including a hearing and subsequent amended filings. Therefore, the lien claimant had adequate notice and the opportunity to be heard, satisfying due process requirements.

WCABPetition for Reconsideration DeniedLien ClaimantDue ProcessNotice and Opportunity to be HeardPetition for SanctionsLabor Code § 5813WCJ Report AdoptedSanctions IssueAmended Petition for Sanctions
References
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