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

Case No. ADJ481283 (MON 0323982)
Regular
Sep 28, 2009

GINA MALCOLM vs. KELLY STAFF LEASING, CNA

The Workers' Compensation Appeals Board (WCAB) denied Gina Malcolm's petition for reconsideration of a prior decision. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ). Therefore, the WCAB's order officially denies the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgeWCJKelly Staff LeasingCNAGina MalcolmRonnie G. CaplaneJames C. Cuneo
References
Case No. ADJ7176285
Regular
May 23, 2011

FRANCISCO CASAS LEYVA vs. WAR MART #2242, AVIZENT FRANK GATES SERVICES

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision regarding Francisco Casas Leyva's claim against War Mart \#2242 and Avizent Frank Gates Services. The WCAB adopted the reasoning of the workers' compensation administrative law judge (WCALJ) in its decision. The Board also gave great weight to the WCALJ's credibility findings. Therefore, the petition for reconsideration was formally denied.

Workers' Compensation Appeals BoardFrancisco Casas LeyvaWar MartAvizent Frank Gates ServicesOrder Denying ReconsiderationPetition for Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workmen's Comp. Appeals Bd.credibility finding
References
Case No. MON 323982 MON 323983
Regular
Mar 10, 2008

Gina Malcolm vs. KELLY STAFF LEASING, CNA

This case concerns Gina Malcolm's workers' compensation claims for a right hip injury and a left shoulder injury. The applicant sought reconsideration of a decision that apportioned 25% of her permanent disability for both injuries to pre-existing, non-industrial osteonecrosis. The Board denied reconsideration, affirming the original finding that the apportionment was proper based on the Agreed Medical Examiner's opinion regarding the causation of the permanent disability.

Gina MalcolmKelly Staff LeasingCNAPetition for ReconsiderationFindings and Awardpermanent disabilityapportionmentnon-industrial factorsAgreed Medical Examiner (AME)Dr. Jeffrey Berman
References
Case No. ADJ621872 (BAK0145447) ADJ4407215 (BAK 0151114)
Regular
Nov 13, 2012

FRANK TORRES vs. COUNTY OF KERN; PROBATION DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to award further medical treatment for Frank Torres' cumulative trauma injury to his left knee. The Board found that the Agreed Medical Examiner's opinion provided sufficient evidence for this award, despite the judge's initial denial. This decision overturns the prior finding that no further treatment was necessary for the left knee. The award of further medical treatment clarifies and prevents potential future delays in care for the industrial injury.

Workers' Compensation Appeals BoardFrank TorresCounty of KernProbation DepartmentADJ621872ADJ4407215ReconsiderationFindings and AwardCumulative TraumaLeft Knee Injury
References
Case No. ADJ197289 (BAK 0153739), ADJ372712 (BAK 0153740), ADJ4184680 (BAK 0150036)
Regular
Sep 17, 2013

FRANK LOZANO vs. GEO GROUP, INC.; SEDGWICK CLAIMS

The Workers' Compensation Appeals Board (WCAB) dismissed Frank Lozano's Petition for Reconsideration as untimely because it was filed more than 25 days after the June 10, 2013, Order. The WCAB adopted the administrative law judge's report, which detailed the untimeliness and would have also denied the petition on the merits if it had been timely. Supplemental petitions were accepted for filing but did not alter the dismissal of the primary petition. Therefore, the WCAB ordered the Petition for Reconsideration dismissed.

Petition for ReconsiderationuntimelyWCJReport and RecommendationLabor Code section 5903Code of Civil Procedure section 1013Supplemental PetitionsCalifornia Code of Regulations title 8 section 10848Workers' Compensation Appeals BoardDismissal
References
Case No. ADJ7760800
Regular
Jan 24, 2012

FRANK BOWEN vs. HYATT REGENCY IRVINE, GALLAGHER BASSETT ORANGE

The Workers' Compensation Appeals Board denied Frank Bowen's Petition for Reconsideration in case ADJ7760800. The Board adopted the findings of the administrative law judge, giving great weight to their credibility determination. Therefore, the petition was denied based on the reasoning provided by the WCJ.

Petition for ReconsiderationWCJ's Opinion on DecisionReport and RecommendationGarza v. Workmen's Comp. Appeals Bd.credibility findingWorkers' Compensation Appeals BoardOrder Denying ReconsiderationAdministrative Law JudgeApplicantDefendant
References
Case No. SFO 0421755
Regular
May 30, 2008

FRANK COVERSON vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT/CITY AND COUNTY OF SAN FRANCISCO administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Frank Coverson's petition for reconsideration in Case No. SFO 0421755. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. The applicant's request to have the prior decision reviewed was thus rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationSan Francisco Unified School DistrictTristar Risk ManagementFrank CoversonSFO 0421755Order Denying ReconsiderationWCJ Report
References
Case No. ADJ4166687 (AHM 0046295) ADJ1681006 (AHM 0088073)
Regular
Jun 13, 2014

GINA NEVARES vs. McMASTER-CARR SUPPLY COMPANY, TIG/ZENITH INSURANCE COMPANY, ZURICH NORTH AMERICA

This case involves Gina Nevares as the applicant against McMaster-Carr Supply Company and its insurers. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed in this matter. The WCAB adopted the report of the workers' compensation administrative law judge and ordered the Petition for Removal dismissed. The dismissal is based on the WCJ's report, which is incorporated by reference.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDismissalGina NevaresMcMaster-Carr Supply CompanyTIG/Zenith Insurance CompanyZurich North AmericaADJ4166687ADJ1681006
References
Case No. ADJ7495216 ADJ7495729 ADJ7497171
Regular
Sep 11, 2013

FRANK ALLEN vs. ATLAS TRANSFER AND STORAGE COMPANY, REDWOOD FIRE & CASUALTY INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

Defendants sought reconsideration of an award finding Frank Allen an employee entitled to temporary disability and medical treatment. They argued Allen was an independent contractor, and that temporary disability should be limited to 104 weeks due to insufficient evidence of chronic lung disease. The Appeals Board granted reconsideration, amended the temporary disability finding, and affirmed the award otherwise, returning the case to the trial level.

WORKERS' COMPENSATION APPEALS BOARDATLAS TRANSFER AND STORAGE COMPANYREDWOOD FIRE & CASUALTY INSURANCESTAR INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESMEADOWBROOK INSURANCE GROUPFRANK ALLENPetition for ReconsiderationFirst Amended Joint Findings of FactAward & Orders
References
Case No. ADJ3328242 (SAC 0369772)
Regular
Mar 07, 2009

FRANK R. SANTOS vs. AMERICAN AIR MECHANICAL, INC., FIRST COMP OMAHA for ENDURANCE INSURANCE COMPANY

This case involves an applicant, Frank R. Santos, and defendants American Air Mechanical, Inc. and First Comp Omaha. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted the findings of the workers' compensation administrative law judge and gave great weight to their credibility determination. Therefore, the petition for reconsideration has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility FindingGarza v. Workers' Comp. Appeals Bd.Denial of ReconsiderationAmerican Air MechanicalFirst Comp OmahaEndurance Insurance CompanyADJ3328242
References
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