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

Case No. ADJ15203597; ADJ15203084; ADJ15203598
Regular
Aug 04, 2025

FRANCISCO AGUIRRE vs. CALIFORNIA DRYWALL CO.; THE HARTFORD

The Workers' Compensation Appeals Board considered a Petition for Removal. The Board denied the petition, stating that removal is an extraordinary remedy rarely granted. The petitioner failed to demonstrate substantial prejudice or irreparable harm, nor did they show that reconsideration would not be an adequate remedy. Therefore, the Board concluded that the petition should be denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAppeals BoardCalifornia Drywall Co.The Hartford
References
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
Case No. ADJ1046022
Regular
Apr 13, 2010

FRANCISCO MURILLO vs. BKC CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied Francisco Murillo's petition for reconsideration of a prior decision. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCALJ) in reaching this decision. The order formally denies Murillo's request for the Board to revisit the case. The decision was filed on April 13, 2010.

WCABPetition for ReconsiderationWCJ reportdeny reconsiderationADJ1046022FRE 0243302BKC ConstructionState Compensation Insurance FundFrancisco Murilloadministrative law judge
References
Case No. ADJ925875 (SFO 0493559) ADJ324063 (SFO 0494762)
Regular
Oct 29, 2009

TIRSA ZULETA vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, TRISTAR

The Petition for Removal is denied based on the review of the record and the administrative law judge's report.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR REMOVALDENIEDSAN FRANCISCO UNIFIED SCHOOL DISTRICTTRISTARADMINISTRATIVE LAW JUDGEADJ925875ADJ324063SFO 0493559SFO 0494762
References
Case No. ADJ8603115
Regular
Aug 15, 2013

Laverne Maliga vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration of an award to Laverne Maliga. The applicant, a firefighter, sustained an injury while attending a trench rescue training class offered through a federal grant program. The Board adopted the Workers' Compensation Judge's report, which found the injury arose out of and in the course of employment because the Fire Department encouraged participation in such training for skill development and public protection. The judge distinguished this case from similar ones by noting the employer's active encouragement and provision of opportunities for the training.

Workers' Compensation Appeals BoardCity and County of San FranciscoPetition for ReconsiderationFindings of FactCourse of EmploymentTrench Rescue TrainingSan Francisco Fire DepartmentHomeland Security GrantOff-Duty StatusProfessional Development
References
Case No. ADJ7083461
Regular
May 25, 2012

FRANCISCO AGUIRRE vs. DIOLAKIA ASSOCIATES, STOCKWELL HARRIS

This Workers' Compensation Appeals Board order dismisses Francisco Aguirre's petition for reconsideration because it was filed against a non-final interlocutory order that did not determine substantive rights. Additionally, the petition was dismissed for failing to be verified. The petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. Therefore, both the petition for reconsideration and the petition for removal are dismissed and denied, respectively.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightWCABRemovalVerified PetitionWCJ's ReportIrreparable HarmInadequate Remedy
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. ADJ10298858
Regular
Oct 14, 2020

FRANCISCO AGUIRRE vs. NORTH COUNTIES DRYWAL, INC., INSURANCE COMPANY OF THE WEST

Applicant Francisco Aguirre filed a petition to reopen after a $49,500 Compromise and Release (OACR) was approved for an industrial injury. The Workers' Compensation Appeals Board (WCAB) treated the petition as one for reconsideration but dismissed it as premature. The WCAB returned the matter to the trial level for the judge to consider the petition as a motion to set aside the OACR, applying a 60-day extension to statutory deadlines due to Executive Order N-68-20.

Petition to ReopenCompromise and ReleaseIndustrial InjuryDrywall HangerPetition for ReconsiderationDismissalPrematureSet AsideLabor Code Section 5909Labor Code Section 5315
References
Case No. ADJ8030860, ADJ8179533, ADJ8179544
Regular
Aug 02, 2017

MOEGAGOGO TAMASESE vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUVENILE PROBATION DEPARTMENT, INTERCARE

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration. The denial was based on the WCAB adopting the reasoning of the workers' compensation administrative law judge (WCJ). Specifically, the Defendant violated WCAB Rule 10842(c) by attaching an Exhibit List to their petition, which contained documents already in evidence. The Board also noted this likely was an attempt to circumvent page limits and admonished the Defendant for non-compliance.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(c)Exhibit Listpage limitsLabor Code § 5813Cal. Code Regs.tit. 8§ 10561
References
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
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