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

Case No. ADJ736646 (SRO 0119451)
Regular
Oct 06, 2008

MARCO AGUILAR vs. GOLDEN GATE DRYWALL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed 26 days after the original decision was served by mail, exceeding the jurisdictional 25-day deadline. The applicant sought to reopen a prior award, arguing his condition had worsened, but the Board lacked the authority to consider the untimely petition. Therefore, the petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely PetitionNew and Further DisabilityFinding and OrderWCJ DecisionLabor Code section 5903JurisdictionService by MailIn Pro Per
References
Case No. ADJ8381778
Regular
Oct 18, 2012

GERALD BROWN vs. GOLDEN GATE PETROLEUM, LIBERTY MUTUAL

In this workers' compensation case, the applicant, Gerald Brown, filed a Petition for Removal and a Petition for Disqualification against Golden Gate Petroleum and Liberty Mutual. The defendants subsequently withdrew both petitions after entering into a Compromise and Release agreement. The Workers' Compensation Appeals Board dismissed both petitions as moot, as they were withdrawn and the settlement was approved by the WCJ. Therefore, no further action will be taken on the dismissed petitions.

Petition for RemovalPetition for DisqualificationCompromise and ReleaseWCJWorkers' Compensation Appeals BoardADJ8381778mootwithdrawn petitionsdismissaladministrative law judge
References
Case No. ADJ6594236
Regular
Aug 12, 2014

HERMALINDA AVILA vs. GOLDEN GATE PETROLEUM, INC., EMPLOYERS INSURANCE OF WAUSAU

The Workers' Compensation Appeals Board (WCAB) dismissed Golden Gate Petroleum, Inc. and Employers Insurance of Wausau's Petition for Reconsideration. The dismissal was due to the petition being filed untimely. Specifically, the defendants failed to file within the 20-day statutory period for reconsideration, plus an additional 5 days for mailing. Therefore, the WCAB adopted the administrative law judge's recommendation and dismissed the petition as procedurally defective.

Petition for ReconsiderationDismissedUntimelyLabor Code section 5903Code of Civil Procedure section 1013WCJ Report and RecommendationWorkers' Compensation Appeals BoardGolden Gate PetroleumInc.Employers Insurance of Wausau
References
Case No. ADJ10473323 ADJ9241894
Regular
Nov 15, 2019

HECTOR GONZALEZ vs. RECOLOGY GOLDEN GATE

The WCAB granted reconsideration to amend the previous award. The Board found that applicant is entitled to a single, unapportioned award for his right knee permanent disability, as it directly resulted from unsuccessful medical treatment for both his specific and cumulative trauma injuries, per *Hikida*. Additionally, the Board determined that applicant's permanent disability should be rated using the higher Occupational Group 560, reflecting his occasional performance of more arduous duties as a garbage collector. The matter was returned to the trial level for issuance of a new award reflecting these findings.

Workers' Compensation Appeals BoardHector GonzalezRecology Golden Gatepermanent disabilityspecific injurycumulative traumaOccupational Group 350Occupational Group 560Agreed Medical Examinerapportionment
References
Case No. ADJ4007151 (SRO 0117280) ADJ186062 (SRO 0118670)
Regular
Jan 08, 2009

FRED HELBERG vs. GOLDEN GATE TRANSIT and CLAIMS MANAGEMENT INC.

The Appeals Board rescinds the Joint Findings, Award and Order of October 31, 2008, and returns the matter to the trial level, pending the California Court of Appeal's decision in Benson v. Permanente Medical Group.

Workers' Compensation Appeals BoardFred HelbergGolden Gate TransitClaims Management Inc.Industrial InjuryCumulative TraumaDiesel MechanicPermanent DisabilityApportionmentBenson case
References
Case No. ADJ8133458 ADJ8103142
Regular
Jun 22, 2018

MYLY TRAN vs. CREATION TECHNOLOGY, HARTFORD SACRAMENTO, CHUBB GROUP LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) order dismissing a lien claim. The petitioner, Sunnyvale Imaging, argued they never received notice of intent to dismiss. The WCAB found the dismissal order lacked specificity in identifying which of Golden Gate Diagnostics' multiple outstanding liens was being dismissed. Therefore, the WCAB rescinded the dismissal order and returned the matter to the WCJ for further proceedings to clarify the specific liens at issue.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimElectronic Adjudication Management SystemNotice and Request for Allowance of LiensWCJ DecisionAdmitted EvidenceHamilton v. LockheedHernandez v. AMS Staff Leasing
References
Case No. ADJ3195255 (OAK 0308412) ADJ3899405 (OAK 0330517)
Regular
Jan 25, 2012

KIM CANEPA vs. GOLDEN GATE CANYON CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petitions for removal in case number ADJ3195255 and ADJ3899405. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's report. This denial means the case will proceed without further review at this stage.

Kim CanepaGolden Gate Canyon ConstructionState Compensation Insurance FundWorkers' Compensation Appeals BoardPetition for RemovalWCJ reportdeny removalAlfonso J. MoresiRick DietrichAlfonsi G. Caplane
References
Case No. ADJ7529761
Regular
Sep 02, 2018

MARIA GARCIA vs. GREEN CUISINE, INC., GOLDEN EAGLE INSURANCE COMPANY, SOUTHERN INSURANCE COMPANY

This case involves Southern Insurance Company seeking reconsideration of an arbitrator's award of contribution to Golden Eagle Insurance Company. Southern argued a contribution petition filed before a Compromise and Release (C&R) approval was void, and Golden Eagle missed the subsequent one-year limitations period. The Board denied reconsideration, adopting the arbitrator's report and finding the initial petition timely filed under Labor Code Section 5500.5(e). The Board clarified that filing before award approval does not void a contribution petition, especially when the C&R doesn't require a refiling.

Petition for ReconsiderationCompromise and ReleasePetition for ContributionLabor Code section 5500.5(e)ContributionArbitratorFindings and AwardGolden Eagle Insurance CompanySouthern Insurance CompanyIndustrial Injury
References
Case No. ADJ1322165 (OAK 0234515) ADJ4051294 (OAK 0239085) ADJ590376 (OAK 0240882)
Regular
Apr 08, 2010

VICTORIA GOMEZ vs. CASA SANDOVAL, THE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION in liquidation, by its servicing facility SEDGWICK CMS and GOLDEN EAGLE INSURANCE CORPORATION, as administered by LIBERTY MUTUAL INSURANCE COMPANY

This case involves Golden Eagle Insurance Corporation seeking reconsideration of an arbitrator's decision that CIGA's reimbursement claim was not barred by prior rulings, statutes of limitations, or laches. Golden Eagle argued that a previous en banc decision established CIGA's sole liability, thus precluding relitigation. The Appeals Board denied reconsideration, affirming the arbitrator's finding that the prior decision only established shared liability and reserved apportionment for further proceedings. The Board clarified that the arbitrator's ruling determined threshold issues, making it a final order subject to review, and that CIGA's right to reimbursement had not been definitively determined.

CIGAGolden Eagle Insurance CorporationPetition for ReconsiderationArbitratorEn banc decisionLaw of the caseStatute of limitationsLachesThreshold issueFinal order
References
Case No. ADJ6448620
Regular
Nov 02, 2009

RICHARD ZARATE vs. SANTA MARIA DRYWALL, STATE COMPENSATION INSURANCE FUND

The Petition for Removal is denied based on the review of the record and the report of the workers' compensation administrative law judge.

Petition for RemovalVenueSan Luis Obispo CountySanta Barbara CountyWCAB rulesOctober 22006Drywall taper/hangerPrincipal place of businessJudicial notice
References
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