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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. ADJ6705977 ADJ6880053
Regular
Jun 13, 2014

TERRI SIEGEL vs. WALGREENS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's untimely petition for removal, finding it lacked merit and was frivolous. The Board noted the petition was filed months after the subject orders, violating the 20-day filing deadline. Additionally, the defendant failed to demonstrate prejudice or irreparable harm, or that reconsideration would be inadequate. Consequently, the Board intends to impose sanctions of up to $1,000 on the defendant for filing a baseless petition.

Petition for RemovalUntimely PetitionOrder Vacating SubmissionOrder Taking Off CalendarReport and RecommendationSanctionsFrivolous PetitionLabor Code Section 5813Appeals Board Rule 10561Significant Prejudice
References
Case No. ADJ7713043, ADJ6929457
Regular
May 29, 2012

HAE LEE vs. BEVERLY WORLD INDUSTRIES, TOWER SELECT INSURANCE

The Workers' Compensation Appeals Board dismissed Applicant Hae Lee's Petition for Reconsideration. This dismissal was based on two primary grounds: the petition's lack of verification as required by Labor Code section 5902 and its status as a "skeletal" pleading. Even if properly verified, the Board indicated the petition would have been denied on its merits, adopting the WCJ's reasoning. The Board also noted the petition bordered on frivolous and returned the matter to the WCJ for consideration of sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationVerified PetitionLabor Code section 5902Skeletal PetitionReport and RecommendationWCJDismissalFrivolous PetitionSanctions
References
Case No. ADJ103216 (LAO 0867367) MF, ADJ7061769, ADJ7167560
Regular
Mar 25, 2013

ROSA PALAFOX vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed defendant Pelican Products' petitions for reconsideration. These petitions challenged a judge's decision not to disqualify another judge and a trial held despite a pending disqualification issue. The Board found both petitions lacked merit and that defendant's attorney, Martin Reiner, had a history of filing frivolous motions and abusing process. Sanctions against Mr. Reiner were contemplated but deferred to avoid further delay in the case.

Petition for ReconsiderationWCJ DisqualificationLabor Code Section 5910SanctionsFrivolous PetitionAbuse of ProcessPeremptory ChallengesInformal Petition to DisqualifyNotice of Intention to SubmitMandatory Settlement Conference
References
Case No. ADJ2138659
Regular
Dec 05, 2011

JOSE MARIO MENJIVAR vs. FOREST RIVER, INC., SENTRY CLAIMS SERVICE

This case involves L. E. Lopez Chiropractic, Inc.'s petition for reconsideration of a WCJ's denial of its lien. The WCJ found no evidentiary support for the lien, as the claimant was treated outside the defendant's medical provider network without authorization. The Appeals Board is dismissing the petition as skeletal and frivolous, and is issuing a notice of intention to impose sanctions against both the lien claimant and its representative for wasting Board resources. The Board intends to sanction them $1,500 unless they show good cause within 15 days.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalOrder of RemovalSanctionsLabor Code Section 5813Lien ClaimantWCJMPNDate of Injury
References
Case No. SBR 0239874
Regular
Sep 20, 2007

JOHN BASSETTE vs. MORENO VALLEY UNIFIED SCHOOL DISTRICT

This case involves John Bassette's repeated attempts to seek reconsideration from the Workers' Compensation Appeals Board (WCAB) regarding a prior denial of his petitions. The WCAB is denying his current petition for reconsideration, incorporating prior reasoning and warning the applicant of potential sanctions for filing frivolous and repetitious claims. The Board finds his arguments lack merit and have already been decided.

Workers' Compensation Appeals BoardIn pro perPetition for reconsiderationOrder Dismissing PetitionDenying ReconsiderationLabor Code Section 5814Irreparable harmSignificant prejudicePetition for removalVexatious litigant
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. ADJ3399937 (VNO 0423516 ADJ8997142 ADJ10559387 ADJ7656828
Regular
Feb 27, 2019

DAVE ZADA vs. ALPRO MILLWORKING, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Dave Zada's petition for reconsideration. The WCAB found the petition untimely, successive, and skeletal, failing to meet procedural requirements for reconsideration. Zada also did not demonstrate how he was aggrieved by the prior WCAB decision. Therefore, the WCAB lacked jurisdiction to consider the petition.

Petition for ReconsiderationPro PerSuccessive PetitionUntimely PetitionSkeletal PetitionAggrieved PartyJurisdictional Time LimitVerified PleadingsMaterial EvidenceProof of Service
References
Case No. ADJ8183477
Regular
Jan 14, 2016

DOLORES MOSELEY vs. NOIA RESIDENTIAL SERVICES, INC., ICW GROUP/INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Dolores Moseley's petition for reconsideration. The petition was untimely as it sought reconsideration of an award made over a year prior to filing. Furthermore, the petition was unverified and lacked specificity regarding the issues and legal arguments. Finally, the orders Moseley sought to reconsider were either vacated or deemed non-final procedural decisions, rendering the petition moot.

Labor Code Section 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Dismissing PetitionOrder Vacating Trial DateStipulations with Request for AwardTimelinessJurisdictionalVerification
References
Case No. ADJ3882107
Regular
Oct 04, 2012

PETER ARCARESE vs. LAW OFFICES OF MANUEL H. MILLER, STATE FARM CALIFORNIA, WC CLAIMS

The Workers' Compensation Appeals Board dismissed Peter Arcarese's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The petition was also dismissed as consecutive, attempting to relitigate issues previously addressed after a prior dismissal. Furthermore, the request for removal was denied as Arcarese failed to demonstrate substantial prejudice or irreparable harm. Consequently, the Board dismissed the petition for reconsideration and denied removal.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderDismissed PetitionPetition for RemovalSubstantial PrejudiceIrreparable HarmInadequate RemedyWrit of Review
References
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