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

Case No. ADJ6513976
Regular
Aug 12, 2010

MARIA EMPEDRADO vs. DENNY'S, GALLAGHER BASSETT

This case involves Maria Empedrado's workers' compensation claim against Denny's and its third-party administrator, Gallagher Bassett. The Workers' Compensation Appeals Board (WCAB) has denied Empedrado's petition for reconsideration of an earlier decision. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave great weight to the WCJ's credibility determinations.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Petition for Reconsiderationadministrative law judgeADJ6513976MARIA EMPEDRADODENNY'S
References
Case No. ADJ3841918 (SAL 0117589), ADJ2554517 (SAL 0113325), ADJ3083210 (SAL 0113326)
Regular
May 21, 2012

ALBERTA AQUINO vs. HYATT CORPORATION, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a March 5, 2012 decision concerning Alberta Aquino's claims against Hyatt Corporation and Gallagher Bassett. This grant is due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future filings related to these cases must be submitted in writing to the WCAB Commissioners' office and not electronically or to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationHyatt CorporationGallagher BassettStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationElectronic Adjudication Management SystemSalinas District Office
References
Case No. ADJ10588461
Regular
Dec 21, 2018

MICHAEL BAISCH vs. BALFOUR BEATTY; GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Balfour Beatty and Gallagher Bassett. This dismissal was based on the applicant's attorney's failure to provide proof of service demonstrating compliance with Appeals Board Rule 10778. Rule 10778 requires an attorney seeking an increase in fees to notify the applicant of the adverse interest and the applicant's right to independent counsel. The WCAB accepted the applicant's attorney's request to file supplemental pleadings but ultimately found the petition grounds for dismissal due to this procedural deficiency.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAppeals Board Rule 10848supplemental pleadingProof of ServiceAppeals Board Rule 10778attorney's feeadverse interestindependent counsel
References
Case No. ADJ1457637
Regular
May 20, 2014

NEOMI SEQUEIROS vs. COMPTON UNIFIED SCHOOL DISTRICT, GALLAGHER BASSETT

The Workers' Compensation Appeals Board has dismissed a Petition for Reconsideration filed by Compton Unified School District and Gallagher Bassett in the case of Neomi Sequeiros. This dismissal is due to the petitioner's withdrawal of the petition. The original decision being reconsidered was issued on March 5, 2014. The Board formally issued this dismissal order on May 20, 2014.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCompton Unified School DistrictGallagher BassettNeomi SequeirosADJ1457637LBO 0366014March 5 2014
References
Case No. ADJ6888509 ADJ6888503
Regular
Jun 26, 2014

REYNA OLIVAR vs. EZ PAYROLL STAFFING SOLUTIONS, GALLAGHER BASSETT ORANGE

This Workers' Compensation Appeals Board case, concerning Reyna Olivar and defendants EZ Payroll Staffing Solutions and Gallagher Bassett, involved a petition for reconsideration. The petitioner has formally withdrawn their petition for reconsideration of the October 18, 2013 decision. Consequently, the Board has dismissed the petition.

Petition for ReconsiderationDismissedWithdrawnApplicantDefendantsWorkers' Compensation Appeals BoardOpinion and OrderLong Beach District OfficeOctober 18 2013June 26 2014
References
Case No. ADJ6680842
Regular
Jan 31, 2013

BRUNO VARGAS vs. SELECT BUILD INTEGRATED CONSTRUCTION SERVICES, GALLAGHER BASSETT

This case involves Applicant Bruno Vargas and Defendants Select Build Integrated Construction Services and Gallagher Bassett. The Workers' Compensation Appeals Board granted reconsideration of a previous WCJ decision. The Board rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This order is not a final decision on the merits of the case.

WCABReconsiderationRescindedFurther ProceedingsWCJ DecisionAdministrative Law JudgeApplicantDefendantsIntegrated Construction ServicesGallagher Bassett
References
Case No. ADJ9671490
Regular
May 13, 2019

HUGO FLORES vs. TARSCO, INC., AIG CLAIMS, GALLAGHER BASSETT, COMPWEST

The Appeals Board granted reconsideration and reduced sanctions against Gallagher Bassett from $2,500 to $750. While the defendant failed to appear at a hearing due to internal routing issues with electronically served notices, the Board found their explanation lacked reasonable justification. However, the Board rescinded the original order, citing the inappropriate inclusion of prior unpaid sanctions without specific details and substituting a modified order for the reduced sanction amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Re: SanctionsGallagher BassettWCJdefective notice of hearingwillful failure to appearLabor Code section 5813Appeals Board Rule 10561electronic mail service
References
Case No. ADJ7774238
Regular
Dec 05, 2013

MIRIAM PANTOJA vs. PAYLESS SHOE SOURCE, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Reconsideration filed by Payless Shoe Source, administered by Gallagher Bassett Services, Inc. The Workers' Compensation Appeals Board dismissed the petition because it was filed **untimely**. Specifically, the petition was filed more than 25 days after the original Findings were issued on September 13, 2013, exceeding the statutory 20-day filing deadline plus mailing extensions. Therefore, the Board found the petition procedurally deficient and dismissed it.

Petition for ReconsiderationuntimelydismissFindingsadministrative law judgeReport and RecommendationLabor Code section 5903Code of Civil Procedure section 1013mailingWorkers' Compensation Appeals Board
References
Case No. ADJ1409625 (LBO 0360295) ADJ1382588 (MON 0239533)
Regular
Apr 16, 2015

MELBOURNE BARDOWELL vs. GI TRUCKING COMPANY, GALLAGHER BASSETT SERVICES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration to clarify the applicant's date of injury for cumulative trauma. The original award found industrial injury to the neck and low back for a trailer mechanic but did not address liability division between two third-party administrators, Athens Administrators and Gallagher Bassett Services. The Board deferred the issue of the period of injurious exposure to the Workers' Compensation Judge. The matter is returned to the WCJ for further proceedings and a new decision on this specific issue.

Petition for ReconsiderationDivision of LiabilityPeriod of Injurious ExposureLabor Code sections 54125500.5Cumulative TraumaDate of InjuryTrailer MechanicPermissibly Self-InsuredThird-Party Administrator
References
Case No. ADJ7765510
Regular
Sep 09, 2014

TERRY BAUMGARTNER vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of a sanction order against Gallagher Bassett Services, Inc. The sanction was imposed for misidentifying the insurance carrier in settlement documents and failing to respond to court orders. Defense counsel also improperly identified the petitioner, leading the Board to remind counsel of proper party identification rules. The denial was based on the WCJ's report, which detailed the procedural history and reasons for the sanction.

Petition for ReconsiderationSanction OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeGallagher Bassett ServicesInc.Ace American Insurance CompanyWCAB Rule 10550Proper Identification of PartiesStipulations with Request for Award
References
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