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

Case No. ADJ10105938
Regular

DARRIN SWAIN vs. GOODYEAR TIRE AND RUBBER, LIBERTY INSURANCE CORPORATION

The Workers' Compensation Appeals Board (WCAB) denied Darrin Swain's Petition for Removal in this case. The Board found that Swain failed to demonstrate substantial prejudice or irreparable harm, which are required for removal. Furthermore, the Board determined that reconsideration would be an adequate remedy if an adverse final decision is ultimately issued. Therefore, the petition was denied, adopting the reasoning of the workers' compensation administrative law judge.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyCortez v. WCABKleemann v. WCABADJ10105938
References
Case No. ADJ10594852; ADJ10882589; ADJ10882630
Regular
Apr 14, 2025

AURELIO RAMIREZ vs. PARKHOUSE TIRES, INC.; TRAVELERS PROPERTY CASUALTY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of Aurelio Ramirez vs. Parkhouse Tires, Inc. and Travelers Property Casualty of America. The WCAB rescinded the original Findings, Order and Award (F&A) from January 14, 2021, and substituted new findings regarding applicant's permanent disabilities for multiple injuries. Specifically, it found a 38% permanent disability for a right index finger injury (ADJ10594852) and a 15% permanent disability for a back injury (ADJ10882630). The Board also determined that the defendant was not entitled to a credit for temporary disability overpayment and deferred the issue of attorney's fees. The matter was returned to the trial level for further proceedings consistent with this decision.

Workers Compensation Appeals BoardReconsiderationFindings Order AwardTire TechnicianRight Index Finger InjuryBack InjuryHernia InjuryTemporary DisabilityPermanent DisabilityMedical Treatment
References
Case No. ADJ9409541
Regular
Aug 23, 2019

LUIS MEDINA BERNAL (Deceased), PATRICIA SOLANO VASQUEZ, MISAEL MEDINA SOLANO, LUCIA MEDINA SOLANO, XIMENA MEDINA SOLANO, I SAI MEDINA SOLANO, LUIS EMANUEL MEDINA SOLANO vs. REBECCA BAUTISTA dba REMAC TIRE SERVICES, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a fatal industrial injury to Luis Medina Bernal, a tire changer. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to clarify death benefit payment terms. While the WCJ correctly found petitioning applicants failed to prove partial dependency, the WCAB amended the decision. The death benefit for the widow, Patricia Solano Vasquez, is to be paid bi-weekly at $297.29 until the $250,000 total is exhausted. The attorney's fee was recalculated to $34,042.54, representing 15% of the death benefit's present value.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFatal Industrial InjuryPartial DependencyCredibility DeterminationsNet Financial BenefitDeath BenefitPresent ValueAttorney's Fee
References
Case No. ADJ4370094
Regular
May 16, 2011

CARLOS MESONES vs. WINSTON TIRE COMPANY, ZURICH NORTH AMERICA

This case involves a petition for reconsideration filed by Winston Tire Company and Zurich North America that was dismissed by the Workers' Compensation Appeals Board. The dismissal was primarily due to the petition not being verified, violating Labor Code section 5902. Additionally, the Board noted that the petition's excessive length (30 pages) violated WCAB Rule 10232(a)(10) regarding page limits. The Board also indicated that, even if properly filed, the petition would have been denied on the merits based on the administrative law judge's report.

Petition for ReconsiderationDismissalVerificationLabor Code section 5902WCJ Report and RecommendationMeritsWCAB Rule 10232(a)(10)Page LimitWinston Tire CompanyZurich North America
References
Case No. ADJ8822967
Regular
May 26, 2017

ROGELIO ACEVEDO vs. TCI TIRE CENTER, ARCH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Removal filed by TCI Tire Center and its insurer, Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that removal is an extraordinary remedy. The WCAB determined the petitioner failed to demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Therefore, the WCAB declined to intervene before a final decision.

Petition for RemovalWorkers' Compensation Appeals BoardExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportDeniedADJ8822967Rogelio Acevedo
References
Case No. ADJ6903811
Regular
Apr 21, 2014

Thomas Puentes vs. American Tire Distributors, Inc., XL Specialty Lines Insurance, Inc., adjusted by Broadspire

The Workers' Compensation Appeals Board denied the petition for reconsideration in Thomas Puentes' case against American Tire Distributors. The denial affirmed the judge's finding that the applicant's testimony regarding his prior medical treatment was not credible. This decision was based on extensive medical records showing ongoing treatment and limitations for back pain just days before the admitted industrial injury. The Board applied significant weight to the judge's credibility determination and found the apportionment of disability to be correct and supported by the evidence.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAmerican Tire DistributorsInc.XL Specialty Lines InsuranceInc.BroadsPIREADJ6903811Fresno District OfficeGarza v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ8248435
Regular
Aug 28, 2013

IGNACIO PADRON vs. MARINA TIRES, HANOVER INSURANCE GROUP

The Appeals Board granted reconsideration of the WCJ's June 19, 2013, decision because the matter was reported as settled on August 21, 2013. The Board rescinded the prior decision and returned the case to the trial level for further proceedings, contingent on the WCJ's approval of the settlement. The Petition for Removal was dismissed as reconsideration was deemed an adequate remedy.

WCABPetition for RemovalPetition for ReconsiderationFindings of Factrescindedtrial leveladministrative law judgesettlementworkers' compensationHanover Insurance Group
References
Case No. ADJ8689422
Regular
Sep 06, 2013

ALVARO GRAMAJO vs. CAIN'S TIRE, INC., UNITED STATES FIDELITY AND GUARANTY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as Labor Code § 5900 only permits reconsideration of final decisions. The WCAB denied the defendant's Petition for Removal, finding no demonstration of irreparable harm from a discovery order requiring witness statement production prior to the applicant's deposition. Finally, the WCAB corrected a clerical error in the original award to accurately reflect that the applicant *claims* to have sustained an industrial injury, rather than definitively finding such an injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and AwardIndustrial InjuryTire InstallerBack InjuryWitness StatementsDepositionDiscovery Order
References
Case No. ADJ6939425
Regular
Oct 01, 2016

Rene Garcia vs. American Tire Distributors, Broadspire

This case concerns a worker, Rene Garcia, seeking reconsideration of a Workers' Compensation Appeals Board decision. The applicant argued that a stipulation for an Agreed Medical Examiner (AME) should bind the defendant to their recommended bi-level neck surgery. The Board denied reconsideration, affirming the judge's finding that the AME stipulation did not override the statutory requirement to resolve medical treatment disputes through the Utilization Review/Independent Medical Review process. The Board also upheld the denial of attorney fees, as no benefits were awarded under the specific 2011 stipulation.

Workers' Compensation Appeals BoardRene GarciaAmerican Tire DistributorsBroadspirePetition for ReconsiderationFindings and OrderAdministrative Law Judgeunreasonable delaypayment of compensationtemporary disability
References
Case No. ADJ7601705
Regular
May 23, 2011

DAVID CHRISTOPOULOS vs. BIG O TIRES, SEQUOIA INSURANCE COMPANY

In this workers' compensation case, the applicant, David Christopoulos, filed a petition seeking disqualification of the workers' compensation administrative law judge (WCJ). The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. Finding no grounds for disqualification based on the provided record and the WCJ's reasoning, the Board issued an order denying the petition. Therefore, the WCJ remains on the case.

ChristopoulosBig O TiresSequoia InsuranceBroadspireCrawford CompanyADJ7601705Petition for DisqualificationWorkers' Compensation Appeals BoardWCJDenying Disqualification
References
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