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

Case No. ADJ9474597
Regular
Jun 17, 2018

SERGIO TERRAZAS vs. SEAL SCIENCE, INC., THE HARTFORD, ADMINISTERED BY ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) granted The Hartford's Petition for Reconsideration concerning an Order Approving Compromise and Release (OACR). Hartford argued the original OACR incorrectly failed to deduct \$4,140.00 in permanent disability advances from the \$20,000 settlement. The WCAB rescinded the OACR, returning the matter to the trial level to determine if the Compromise and Release should be amended to reflect the advances. The WCJ will then decide whether to reinstate the original OACR or approve an amended one after further proceedings.

Petition for ReconsiderationOrder Approving Compromise and ReleaseSet Aside OrderCompromise and ReleasePermanent Disability AdvancesOffsetRescindAlterAmendContinuing Jurisdiction
References
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. ADJ11369088, ADJ11369087
Regular
Mar 24, 2025

Argelia De Luna vs. Valleywide Newspaper, LLC; Twin City Fire Insurance Company

Applicant Argelia De Luna sought reconsideration of the First Amended Findings, Award and Orders issued by the WCJ on December 16, 2024. The WCJ initially found a 68% permanent partial disability for cumulative trauma, which was later amended to 15%. Applicant argued that the WCJ's decision should have been based on unrebutted reports, that the medical record needs further development, and that defendant failed to prove apportionment. The Appeals Board granted the petition, indicating that the medical evidence might be insufficient and further review is necessary, deferring a final decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFirst Amended Findings Award and OrdersArgelia De LunaValleywide Newspaper LLCTwin City Fire Insurance CompanyADJ11369088ADJ11369087arising out of and in the course of employment (AOE/COE)permanent and stationary
References
Case No. ADJ8211594
Regular
Jan 17, 2014

ERROL GRIFFIN vs. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH, Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case involves a dispute over the applicant's average weekly wage (AWW) for temporary disability benefits. Initially, the parties stipulated to an AWW of $1,676.04, but the defendant sought reconsideration based on mutual mistake, claiming the correct AWW was $859.16. Subsequently, both parties filed an amended stipulation agreeing to an AWW of $800.07. The Appeals Board granted reconsideration to defer the issue of temporary disability indemnity and returned the matter to the WCJ to consider the amended stipulation and determine the correct benefits.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityStipulated FactsMutual MistakeAverage Weekly WageAmended StipulationWorkers' Compensation Appeals BoardWCJMutual Mistake
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. ADJ8424952
Regular
Sep 10, 2014

ALFONSO CRUZ vs. SIERRA CIRCUITS, INC.; THE HARTFORD

This case involves an applicant's petition for removal regarding deposition questions about medical history and insurance coverage. The Workers' Compensation Appeals Board (WCAB) granted the petition in part, allowing questions about medical insurance and personal doctors, as these are discoverable under CCP § 2017.010. However, the WCAB found questions about past medical treatment paid by others and prior hospitalizations to be overbroad, as they could infringe on the physician-patient privilege regarding unrelated conditions. The Board ordered the applicant to answer specific questions but requires defendants to reframe broader questions concerning medical history to avoid privileged information.

Petition for RemovalFifth AmendmentFirst Amendmentphysician-patient privilegeconfidential communicationindustrial injurymedical historydeposition questionsCode of Civil Procedure section 2017.010Evidence Code sections 990
References
Case No. SFO 0485029
Regular
Aug 10, 2007

MARIA CARDENAS vs. GALAXY DESSERTS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order denying the defendant's petition to terminate temporary disability indemnity. The Board held that the 104-week limitation under Labor Code section 4656(c)(1) begins from the date of the first temporary disability payment, not the date of injury or the first compensable period. This decision aligns with precedent establishing that the commencement date for the limitation is the actual date indemnity was first paid.

temporary disability indemnityPetition to Terminate LiabilityLabor Code section 4656(c)(1)104 compensable weeksfirst payment of temporary disability indemnityfirst date of compensable temporary total disabilityHawkins v. Amberwood Products
References
Case No. ADJ9366379
Regular
Mar 14, 2016

NOEMI PADILLA vs. MALARKEY ROOFING, LIBERTY MUTUAL INSURANC COMPANY

The applicant sought reconsideration of an Order Approving Compromise and Release due to a mathematical error in calculating the attorney's fee. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the trial level. The purpose is to allow the parties to amend the Compromise and Release to correct the attorney's fee error, with the judge to determine if the original order should be reinstated or an amended one approved. Chairwoman Caplane noted the applicant's attorney must ensure compliance with WCAB Rule 10778 regarding notice of adverse interest and the right to independent counsel.

Petition for ReconsiderationOrder Approving Compromise and ReleaseAttorney's FeeMutual MistakeRescindTrial LevelWCAB Rule 10778Adverse InterestIndependent CounselCompromise and Release Amendment
References
Case No. SAL 114162
Regular
Feb 16, 2007

ALFREDO REYES vs. CENTRAL COAST BUILDING SUPPLY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a lower ruling that extended temporary disability benefits beyond the 104-week limit based on the first payment date rather than the first payable date. This appeal stems from applicant Alfredo Reyes's shoulder injury. The Board requires further study of the factual and legal issues to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability BenefitsCompensable WeeksLabor Code Section 4656(c)(1)Date of First PaymentDate of First Paid BenefitsShoulder InjuryCentral Coast Building Supply
References
Case No. ADJ11029299 ADJ10664592
Regular
May 03, 2018

KATHLEEN CAMPER vs. VAL VERDE UNIFIED SCHOOL DISTRICT, PSI, administered by KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's initial timely filed claim for cumulative trauma injury should be amended to conform to proof of a specific back injury on May 5, 2016. The Board rescinded the judge's order finding the applicant took nothing and instead ordered the dismissal of the defendant's later-filed specific injury claim. The case is returned to the trial level for further proceedings on the amended claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCustodianCumulative TraumaSpecific InjuryApplication for Adjudication of ClaimDue ProcessQualified Medical Examiner
References
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