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

Case No. ADJ7176285
Regular
May 23, 2011

FRANCISCO CASAS LEYVA vs. WAR MART #2242, AVIZENT FRANK GATES SERVICES

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision regarding Francisco Casas Leyva's claim against War Mart \#2242 and Avizent Frank Gates Services. The WCAB adopted the reasoning of the workers' compensation administrative law judge (WCALJ) in its decision. The Board also gave great weight to the WCALJ's credibility findings. Therefore, the petition for reconsideration was formally denied.

Workers' Compensation Appeals BoardFrancisco Casas LeyvaWar MartAvizent Frank Gates ServicesOrder Denying ReconsiderationPetition for Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workmen's Comp. Appeals Bd.credibility finding
References
Case No. ADJ1797870
Regular
May 23, 2019

GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied George Diaz's petition for reconsideration, affirming the administrative law judge's award of 93.75% permanent disability. The judge apportioned 30% of Diaz's orthopedic disability to prior injuries, relying on medical evidence of degenerative changes aggravated by the 1992 industrial injury. Diaz's arguments for 100% permanent disability due to total disability or loss of use of both hands were rejected due to insufficient medical evidence. The Board found the apportionment was supported by substantial medical evidence and did not qualify for an unapportioned award under the *Hikida* precedent.

Workers' Compensation Appeals BoardGeorge DiazReyes Masonry ContractorsInc.Citation Insurance CompanyGeneral ReinsuranceIntercareSubsequent Injuries Benefits Trust Fund (SIBTF)permanent total disabilityapportionment
References
Case No. ADJ13900666
Regular
Aug 01, 2025

German Renteria Pina vs. Miguel Diaz dba Brother Landscape, Da Vinci Schools

German Renteria Pina, the applicant, sustained a specific injury while employed by Miguel Diaz dba Brother Landscape, an uninsured entity. Da Vinci Schools, a permissibly self-insured entity, was also named as a defendant. The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a WCJ's finding that Pina was an employee of Diaz and not Da Vinci, arguing errors in employment burden of proof and insufficient evidence. The Workers' Compensation Appeals Board granted the petition, rescinded the prior Findings of Fact and Order, and returned the matter to the trial level for further proceedings. This decision was made because the record was deemed incomplete to adequately determine Diaz's independent contractor status or the applicability of licensing requirements.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundMiguel Diaz dba Brother LandscapeDa Vinci SchoolsAdjudication NumberPetition for ReconsiderationFindings of Fact and OrderWCJBurden of ProofUltimate Hirer
References
Case No. ADJ8508466
Regular
Nov 05, 2013

ROBERTO RAMIREZ (Deceased); MARIA GUADALUPE DIAZ de RAMIREZ, Guardian ad Litem for MARIA LINA RAMIREZ DIAZ, vs. VISTA PAINT CORPORATION, Permissibly Self-Insured,

This Workers' Compensation Appeals Board decision grants reconsideration and returns the case to the trial level for further proceedings. While the WCJ correctly found the daughter was partially dependent, the Board noted an incomplete record regarding the wife's dependency status and potential eligibility under Labor Code section 3501(b). The Board also found the issue of attorney fees was not decided. Consequently, the matter is remanded for determination of the wife's dependency, the correct death benefit amount, and attorney fees, or for clarification on why these issues were not previously addressed.

Workers' Compensation Appeals BoardRoberto RamirezMaria Guadalupe Diaz de RamirezMaria Lina Ramirez DiazVista Paint CorporationLabor Code section 3501(a)Labor Code section 3501(b)conclusive presumptiondependencypartial dependent
References
Case No. ADJ9284444
Regular
Feb 11, 2018

MACARIA DIAZ vs. VPS COMPANIES, INC., NATIONAL CUSTOM PACKING, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a Petition for Removal filed by the applicant. The petition was a response to an order continuing a mandatory settlement conference. Because the settlement conference proceeded as scheduled on December 16, 2015, the Petition for Removal is now moot. Accordingly, the Workers' Compensation Appeals Board has ordered the dismissal of the Petition for Removal.

Petition for RemovalMandatory Settlement ConferenceDismissedMootWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ9284444VPS COMPANIESINC.NATIONAL CUSTOM PACKING
References
Case No. ADJ621872 (BAK0145447) ADJ4407215 (BAK 0151114)
Regular
Nov 13, 2012

FRANK TORRES vs. COUNTY OF KERN; PROBATION DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to award further medical treatment for Frank Torres' cumulative trauma injury to his left knee. The Board found that the Agreed Medical Examiner's opinion provided sufficient evidence for this award, despite the judge's initial denial. This decision overturns the prior finding that no further treatment was necessary for the left knee. The award of further medical treatment clarifies and prevents potential future delays in care for the industrial injury.

Workers' Compensation Appeals BoardFrank TorresCounty of KernProbation DepartmentADJ621872ADJ4407215ReconsiderationFindings and AwardCumulative TraumaLeft Knee Injury
References
Case No. ADJ197289 (BAK 0153739), ADJ372712 (BAK 0153740), ADJ4184680 (BAK 0150036)
Regular
Sep 17, 2013

FRANK LOZANO vs. GEO GROUP, INC.; SEDGWICK CLAIMS

The Workers' Compensation Appeals Board (WCAB) dismissed Frank Lozano's Petition for Reconsideration as untimely because it was filed more than 25 days after the June 10, 2013, Order. The WCAB adopted the administrative law judge's report, which detailed the untimeliness and would have also denied the petition on the merits if it had been timely. Supplemental petitions were accepted for filing but did not alter the dismissal of the primary petition. Therefore, the WCAB ordered the Petition for Reconsideration dismissed.

Petition for ReconsiderationuntimelyWCJReport and RecommendationLabor Code section 5903Code of Civil Procedure section 1013Supplemental PetitionsCalifornia Code of Regulations title 8 section 10848Workers' Compensation Appeals BoardDismissal
References
Case No. ADJ7760800
Regular
Jan 24, 2012

FRANK BOWEN vs. HYATT REGENCY IRVINE, GALLAGHER BASSETT ORANGE

The Workers' Compensation Appeals Board denied Frank Bowen's Petition for Reconsideration in case ADJ7760800. The Board adopted the findings of the administrative law judge, giving great weight to their credibility determination. Therefore, the petition was denied based on the reasoning provided by the WCJ.

Petition for ReconsiderationWCJ's Opinion on DecisionReport and RecommendationGarza v. Workmen's Comp. Appeals Bd.credibility findingWorkers' Compensation Appeals BoardOrder Denying ReconsiderationAdministrative Law JudgeApplicantDefendant
References
Case No. ADJ3252798 (ANA 0407298)
Regular
Nov 02, 2011

CATALINO DIAZ (Deceased), RUBERTA DIAZ (Widow), MARGARET NATASHA DIAZ vs. PEOPLE'S CARE INC., STATE COMPENSATION INSURANCE FUND

This case concerns Ruberta Diaz's claim for death benefits as the widow of Catalino Diaz, who sustained a fatal industrial injury. The initial decision awarded benefits to their minor child but denied Ruberta’s claim, finding she failed to prove dependency. Ruberta contends she is a total dependent and that the judge erred in not addressing this, or alternatively, in finding no partial dependency. The Appeals Board granted reconsideration, deferred the issue of Ruberta's dependency, and returned the case to the trial level for further evidence and decision, while affirming the award to the minor child.

DependencyDeath BenefitWidow's ClaimMinor ChildPartial DependencyTotal DependencyPetition for ReconsiderationFindings and AwardWCJEvidence
References
Case No. SFO 0421755
Regular
May 30, 2008

FRANK COVERSON vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT/CITY AND COUNTY OF SAN FRANCISCO administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Frank Coverson's petition for reconsideration in Case No. SFO 0421755. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. The applicant's request to have the prior decision reviewed was thus rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationSan Francisco Unified School DistrictTristar Risk ManagementFrank CoversonSFO 0421755Order Denying ReconsiderationWCJ Report
References
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