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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
5
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
17
Case No. ADJ9343576
Regular
Mar 07, 2019

GABRIEL VELA vs. NORTHWOODS RESORTS, AMTRUST NORTH AMERICA

This case involves a petition for reconsideration filed by the applicant, Gabriel Vela, which the Workers' Compensation Appeals Board (WCAB) dismissed as untimely. Although the defendant claimed service of the Order Approving Compromise and Release on June 6, 2017, proof of service was defective, meaning the reconsideration period did not begin to run until actual receipt. The applicant stated he received the order on December 4, 2018, but his petition for reconsideration filed on January 9, 2019, was still beyond the statutory deadline. Furthermore, the applicant failed to allege any valid grounds for setting aside the compromise and release.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitDefective ServiceOrder Approving Compromise and ReleaseProof of ServiceActual ReceiptGood CauseFraudMutual Mistake of Fact
References
10
Case No. ADJ2746818
Regular
Dec 16, 2019

GUSTAVO VELA vs. CAFE MIDI. INC, EMPLOYERS COMPENSATION ISURANCE COMPANY

This case involves a Petition for Reconsideration filed by Technology Insurance Company (Petitioner), a non-party, challenging an Order Approving Compromise and Release (OACR) concerning applicant Gustavo Vela. Petitioner sought to set aside the OACR, alleging denial of due process due to an unrelated, subsequent claim involving Petitioner. The Appeals Board dismissed the Petition, primarily because it was filed untimely, exceeding the 25-day jurisdictional deadline after Petitioner received the OACR. Furthermore, even if timely, the Petition would have been dismissed for lack of standing as Petitioner was not a party to the original settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and Releaseaggrieved personLabor Code section 5900due processcumulative trauma claimadministrative law judgeuntimely petition
References
1
Case No. ADJ1232478 (SAL 0117543) ADJ7028359
Regular
Jul 10, 2017

MARIA VELA vs. MACERICH COMPANY, AMERICAN ZURICH INSURANCE COMPANY

This case involves two workers' compensation claims for injuries to the applicant's left hand and both shoulders. The defendant sought reconsideration of an award finding 76% disability for the first injury and no disability for the second. The Board granted reconsideration, rescinded the prior award, and returned the matter to the WCJ because the parties intend to resolve the claims via a Compromise and Release settlement.

WCABPetition for ReconsiderationFindings Award and OrderCompromise and ReleaseApportionmentPermanent DisabilityLeft Hand InjuryShoulder InjuryWorkers' Compensation JudgeRescinded
References
0
Case No. ADJ1158684 (GOL 0099195)
Regular
Nov 14, 2008

CAROLINA VELA vs. SERVICE MASTER CBM, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error, reducing the lien awarded to Lorena Ortiz-Schneider from $4,025.00 to $1,995.00. The Board also denied Associated Reproduction Services' petition, affirming the WCJ's decision to award copy charges at a reasonable rate of 20 cents per page, referencing precedent established by *Kunz* and *Sweet*. This decision clarifies the correct lien amount and upholds the application of reasonable rates for reproduction services.

WCABPetition for ReconsiderationLien ClaimantInterpreting ServicesCopy ChargesReasonableness of ChargesMedical-Legal ExpensesClerical ErrorDecision After ReconsiderationKunz v. Patterson
References
2
Case No. ADJ7974638
Regular
Oct 23, 2017

DANIEL VELA vs. SWISSPORT NORTH AMERICA HOLDING, INC., NEW HAMPSHIRE INSURANCE COMPANY, AIG CLAIMS, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a Compromise and Release (C&R) order that approved an attorney's fee. The applicant's former attorney sought reconsideration, alleging due process violations regarding the handling of the attorney's fee split. However, after the WCAB indicated it would amend the order to have the defendant hold the fee in trust, it was informed that the dispute between the attorneys was resolved. Therefore, the WCAB dismissed the petition for reconsideration as moot.

Workers' Compensation Appeals BoardCompromise and ReleaseJoint OrderAttorney's FeeTrust AccountSplit FeeDue ProcessPetition for ReconsiderationMootWCJ
References
0
Case No. VEN 0110435
Regular
Mar 18, 2008

JOSE LUIS VELA vs. BOSKOVICH FARMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Adjusted By INTERCARE INSURANCE SERVICES For PAULA INSURANCE COMPANY, In Liquidation

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, finding the WCJ's order rescinding the dismissal of a lien claim was not a final order subject to review. The Board also denied the defendant's petition for removal, as no irreparable harm or significant prejudice was demonstrated. Therefore, the defendant's petitions were dismissed and denied respectively.

WORKERS' COMPENSATION APPEALS BOARDBOSKOVICH FARMSINC.CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONINTERCARE INSURANCE SERVICESPAULA INSURANCE COMPANYLIEN CLAIMANTAHMAD VAHEDIANPH.D.STIPULATED AWARD
References
7
Case No. MISSING
Regular Panel Decision

Portfolio Recovery Associates, LLC v. Calderia

The case involves a special proceeding initiated by Portfolio Recovery Associates, LLC to obtain a turnover order for funds held in a joint bank account of judgment debtor Lizette M. Calderia and Genoveva Castillo at JPMorgan Chase Bank. A key legal question was the applicability of CPLR article 52 amendments, effective January 1, 2009, which introduce new protections for judgment debtors, to proceedings commenced prior to but heard after this effective date. The court ruled that CPLR 5232 (e), concerning execution exemptions, applies retroactively due to its remedial nature, while provisions for restraining notices (CPLR 5222-a, 5222 [i]) do not. Given the judgment debtors' default, the court determined that a hearing is necessary to assess whether the statutorily exempt amount is genuinely required for the judgment debtor's reasonable needs and those of her dependents. The decision directs that if the judgment debtors default at the hearing, all funds in the account will be made available to the judgment creditor.

Turnover OrderJudgment DebtorExemption LawsCPLR Article 52Retroactivity of StatutesJoint Bank AccountRestraining NoticeExecution of JudgmentSpecial ProceedingStatutory Interpretation
References
16
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