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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. ADJ3853266
Regular
Sep 12, 2008

Duncan Grant vs. Contra Costa Fire Protection District, Contra Costa County Risk Management

The WCAB granted reconsideration and rescinded the July 1, 2008 Findings and Award, returning the matter for further proceedings to determine if the applicant's prostate cancer developed or manifested within 60 months of his last day of work.

WCABContra Costa Fire Protection DistrictDuncan GrantADJ3853266OAK 0318197ReconsiderationGranting ReconsiderationDecision After Reconsiderationindustrial cumulative traumaprostate cancer
References
Case No. ADJ9054894
Regular
Nov 29, 2016

GRANT GROVER vs. ATASCADERO STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both applicant Grant Grover and defendant State Compensation Insurance Fund. This action was taken to allow the WCAB sufficient time to thoroughly study the factual and legal issues presented. The WCAB determined this further review is necessary to ensure a just and reasoned decision. All subsequent filings related to the petitions must be directed to the WCAB Commissioners' office in San Francisco, not local district offices or e-filing.

Grant GroverAtascadero State HospitalState Compensation Insurance FundADJ9054894San Jose District OfficePetitions for ReconsiderationSeptember 202016Statutory time constraintsFactual and legal issues
References
Case No. ADJ 2497207
Regular
Sep 02, 2008

PAUL MARTINEZ vs. HERITAGE FOODS, ST. PAUL FIRE & MARINE INSURANCE COMPANY

Reconsideration granted; WCJ's decision rescinded due to uncertainty in permanent disability rating; matter returned to WCJ for further proceedings and new decision.

Workers Compensation Appeals BoardPaul MartinezHeritage FoodsSt. Paul Fire & Marine Insurance CompanyADJ 2497207POM 0277661Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial Injury
References
Case No. ADJ3118798 (LAO 0821877), ADJ1735055 (LAO 0821878), ADJ804986 (LAO 0821879)
Regular
Aug 25, 2011

NINA SINISTSYNA vs. OLYMPIC REHABILITATION CENTER, STATE COMPENSATION INSURANCE FUND, EVEREST NATIONAL INSURANCE COMPANY c/o ACCA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For CREDIT GENERAL, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Workers' Compensation Judge's (WCJ) July 1, 2011 decision. The WCAB rescinded the WCJ's decision and returned the matter for further proceedings and a new decision by the WCJ. This action is not a final determination on the merits of the case.

WORKERS' COMPENSATION APPEALS BOARDOLYMPIC REHABILITATION CENTERSTATE COMPENSATION INSURANCE FUNDEVEREST NATIONAL INSURANCE COMPANYCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONCREDIT GENERALIn LiquidationADJ3118798ADJ1735055ADJ804986
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
Case No. ADJ1433114
Regular
Aug 25, 2011

ANTONIO RAMIREZ vs. TRINITY BROADCASTING NETWORK, TRINITY CHRISTIAN CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Ramirez v. Trinity Broadcasting Network. The WCAB rescinded the Administrative Law Judge's (ALJ) decision and returned the matter to the trial level for further proceedings. This action means the prior ruling is vacated, and the case will be re-evaluated by the ALJ. The parties still retain the right to seek reconsideration of any subsequent decision.

Workers Compensation Appeals BoardTrinity Broadcasting NetworkTrinity Christian CenterState Compensation Insurance FundOpinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJrescindreturned to trial level
References
Case No. SAC 342547
Regular
Jun 06, 2008

CLIFFORD J. FARIA vs. BEST BUY COMPANY, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. This decision addresses disputes regarding the applicant's right to change treating physicians, the defendant's Medical Provider Network (MPN) obligations, and the calculation of the applicant's average weekly earnings. The Board requires further development of the record on these key issues.

Workers' Compensation Appeals BoardBest Buy CompanyAce American Insurance CompanyClifford FariaOpinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge (WCJ)Treating PhysicianMedical Provider Network (MPN)Temporary Disability Indemnity
References
Case No. ADJ12184084
Regular
Nov 05, 2019

CHARLES BRASIER vs. THIARA BROTHERS FARMING, ZENITH INSURANCE COMPANY

The Appeals Board dismissed the Applicant's Petition for Reconsideration because the WCJ's prior order changing venue was interlocutory, not a final decision. However, the Board granted the petition as a request for removal. Ultimately, the Board rescinded and substituted the original venue order, officially granting the change of venue to the Sacramento District Office.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory Procedural DecisionVenueDismissed
References
Case No. ADJ9648149
Regular
Oct 30, 2014

ANGEL ZEPEDA vs. DMS FACILITY SERVICES, INC.; ZURICH NORTH AMERICA

The applicant, Angel Zepeda, sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration because further study of the factual and legal issues was necessary for a just decision. All future communications must now be filed in writing with the Office of the Commissioners, not district offices, and not electronically. This order grants reconsideration and directs further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrantedAugust 132014Statutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the Commissioners
References
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