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

Case No. ADJ6820021, ADJ6820115, ADJ6820640, ADJ6820664
Regular
May 11, 2012

GENOVEVA AYALA vs. WARNER BROTHERS

This case involves Genoveva Ayala's workers' compensation claims against Warner Brothers for multiple injuries. The Administrative Law Judge (WCJ) found some injuries to be established but excluded applicant's medical evidence regarding neurological and internal injuries due to alleged procedural violations. The Appeals Board granted reconsideration, finding that the applicant should have an opportunity to obtain admissible medical reports through the Qualified Medical Evaluator (QME) process, as defendants allegedly interfered with this process. Consequently, the issue of neurological and internal injuries is deferred for further evaluation.

Workers' Compensation Appeals BoardGenoveva AyalaWarner BrothersPermissibly Self-InsuredJoint Partial Findings of FactOrders and Notice of Intention to Appoint Regular PhysicianWorkers' Compensation Administrative Law Judge (WCJ)orthopedic injurycumulative traumaneurological system
References
Case No. ADJ3524170 (SAL 0120031)
Regular
Feb 08, 2012

PEDRO AYALA, Deceased MARIA AYALA, Widow vs. PENINSULA FLOORS, INC., NATIONAL UNION FIRE INSURANCE, C/O AIG AND BASIC FOODS/CONAGRA, LUMBERMENS MUTUAL INSURANCE

This case involves a petition for reconsideration and removal that was dismissed by the Workers' Compensation Appeals Board. The Board found that the order at issue, which joined a party, was not a final order. Consequently, the Board adopted the Administrative Law Judge's report and denied both reconsideration and removal.

Workers' Compensation Appeals BoardPEDRO AYALAMARIA AYALAPENINSULA FLOORSINC.NATIONAL UNION FIRE INSURANCEBASIC FOODS/CONAGRALUMBERMENS MUTUAL INSURANCEOrder Dismissing ReconsiderationDenying Removal
References
Case No. ADJ3115402 (MON 0350919) ADJ2375135 (MON 0350920)
Regular
Feb 25, 2014

ISAIAS AYALA vs. D AND D MOVE IT TREES COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning applicant Isaias Ayala. The WCAB rescinded the workers' compensation judge's (WCJ) decision and returned the case for further proceedings and a new decision by the WCJ. This order does not address the merits of the case, and parties retain the right to seek reconsideration of the subsequent WCJ decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJrescindreturn for further proceedingsgrant reconsiderationdecision after reconsiderationtrial levelfinal decisionD AND D MOVE IT TREES COMPANY
References
Case No. STK 0148870, STK 0148871, STK 0167759
Regular
Dec 07, 2007

GENOVEVA VELA vs. OAK VALLEY HOSPITAL and CIGA, on behalf of FREMONT INSURANCE COMPANY, in liquidation

The applicant's petition for reconsideration was dismissed as untimely. The defendant's petition was denied, upholding the WCJ's decision to reject the Agreed Medical Evaluator's apportionment opinion due to lack of substantial evidence and specificity. The Board also noted that the defendant was not aggrieved by the deferral of the temporary disability issue.

Workers' Compensation Appeals BoardGenoveva VelaOak Valley HospitalCIGAFremont Insurance CompanyPetition for ReconsiderationFindings of FactAward and OrderIndustrial InjuryPermanent Disability
References
Case No. ADJ6931203
Regular
Sep 30, 2015

JESUS AYALA vs. TRANSTAR INDUSTRIES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) dismissed Jesus Ayala's petition for reconsideration because it was not taken from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. Removal is an extraordinary remedy granted only in exceptional circumstances. Therefore, the petition seeking both reconsideration and removal was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory Procedural DecisionEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ2350990 (LAO 0869298)
Regular
Nov 12, 2010

Zoila Ayala vs. L.A. METROPOLITAN MEDICAL CENTER, THE TRAVELERS COMPANIES, INC.

This case concerns Zoila Ayala's workers' compensation claim for a neck, back, and psyche injury. The applicant seeks reconsideration of a finding that apportioned her permanent disability to a prior 1991 award. The Board granted reconsideration, rescinding the prior award. This action was taken because the defendant failed to prove the extent of overlap between the prior and current disabilities and that both were rated under the same standard, as required by Labor Code section 4664. The matter is returned for further proceedings to determine the proper apportionment.

ApportionmentLabor Code section 4664Permanent DisabilityPrior Industrial InjuryOverlapping DisabilityRating ScheduleAgreed Medical ExaminerOrthopedicsPsychiatryWCJ
References
Case No. ADJ6413665
Regular
Jan 29, 2010

ANTO'NIO AYALA vs. HERRERO BROTHERS, ARCH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involves Antonio Ayala's workers' compensation claim against Herrero Brothers and Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further review the case's facts and legal issues. After reviewing the record and adopting the findings of the administrative law judge, the WCAB has denied the petition for reconsideration. The WCAB gave great weight to the judge's credibility findings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionCredibilityGarza v. Workers' Comp. Appeals Bd.Administrative Law JudgePetition for ReconsiderationReport and RecommendationDeniedHerrera Brothers
References
Case No. ADJ301960 (VNO 0479189) ADJ963491 (VNO 0468662) ADJ1360597 (VNO 0457429)
Regular
Jun 16, 2018

MICHAEL AYALA, THOMAS CASE, TOMMY VASQUEZ vs. DEPARTMENT OF CORRECTIONS, REHABILITATION/LANCASTER STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE CONTRACTS SERVICE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the applicants' claims of serious and willful misconduct by the defendant and allegations of evidence destruction. Applicants Michael Ayala and Tommy Vasquez sought increased compensation based on these claims. A newly discovered document, purportedly a destroyed Chrono 128-B, was submitted by applicants as newly discovered evidence. The WCAB accepted the supplemental pleadings but deferred ruling on the admissibility of the new evidence and its impact on the case to the trial level. Consequently, the previous Joint Findings of Fact have been rescinded, and the matter is remanded for further proceedings.

Workers' Compensation Appeals BoardSerious and willful misconductCollusionDestroyed evidenceNewly discovered evidence128-B ChronoRescindedReturned to trial levelJoint Findings of FactPetition for Reconsideration
References
Case No. ADJ9073366
Regular
Jul 06, 2015

HECTOR AYALA vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior decision. This denial was based on affirming the Administrative Law Judge's (WCJ) credibility determination, which found the applicant not to be credible. The WCJ's report, adopted by the Board, highlighted the applicant's lack of timely medical reporting prior to termination and inconsistencies in his testimony regarding the reported injuries. Ultimately, the applicant failed to meet the burden of proving his injury arose out of and occurred in the course of employment by a preponderance of the evidence.

WCABPetition for ReconsiderationDenialCredibility DeterminationWCJ ReportAOE/COEPreponderance of EvidenceIndustrial CausationPost-Termination ClaimDisciplinary Action
References
Case No. ADJ7403543
Regular
Nov 20, 2012

CRESENCIO AYALA vs. ALABAMA METAL INDUSTRIES CORPORATION

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it sought to challenge a notice of intent to dismiss, not a final order, and was unverified. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the applicant's attorney. This action is due to the filing of a frivolous and unverified petition without merit. Sanctions will be imposed unless the attorney demonstrates good cause to the contrary.

WCABPetition for ReconsiderationNotice of Intention to DismissLack of ProsecutionUnverified PetitionFinal OrderLabor Code § 5900Labor Code § 5902RemovalLabor Code § 5813
References
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