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

Case No. ADJ865164 (AHM0127447)
Regular
Jun 13, 2011

DARRIEN GORDON vs. OAKLAND RAIDERS, PACIFIC EMPLOYERS INSURANCE COMPANY, XCHANGING, INC., ATLANTA FALCONS, ST. PAUL TRAVELERS

The Appeals Board granted reconsideration and vacated its prior decision because the insurer for the Atlanta Falcons' petition for reconsideration of the original arbitrator's award was untimely filed. The Board found that the petition was received and electronically filed after the statutory deadline. Therefore, the Board rescinded its March 22, 2011 decision and dismissed the Falcons' untimely petition. This ruling effectively reinstates the original arbitrator's award concerning employer liability for applicant Darrien Gordon's workers' compensation claim.

Darrien GordonOakland RaidersPacific Employers Insurance CompanyXchanging Inc.Atlanta FalconsSt. Paul TravelersDarrien GordonDarrien GordonDarrien GordonDarrien Gordon
References
Case No. AHM 0127447
Regular
Dec 14, 2007

DARRIEN GORDON vs. OAKLAND RAIDERS, PACIFIC EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by Darrien Gordon against the Oakland Raiders and their insurer. The petitioner has withdrawn their petition, leading to its dismissal by the Workers' Compensation Appeals Board. The Board's order officially dismisses the reconsideration of the November 20, 2007 decision.

Darrien GordonOakland RaidersPacific Employers Insurance CompanyPetition for ReconsiderationDismissalWorkers' Compensation Appeals BoardNovember 202007Withdrawn petitionOakland District Office
References
Case No. ADJ2203540
Regular
Jan 11, 2012

GORDON ANTHONY vs. COUNTY OF LOS ANGELES

This case involves a petition for reconsideration filed by the Applicant, Gordon Anthony. The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original decision dated October 18, 2011. Specifically, the Board amended the decision to change the applicant's name from "ANTHONY GORDON" to "GORDON ANTHONY" in multiple locations of the findings and order. Otherwise, the Board affirmed the original decision.

Workers' Compensation Appeals BoardReconsiderationClerical ErrorFindings of FactOrderOpinion on DecisionApplicantDefendantSelf-InsuredAmended Decision
References
Case No. ADJ2533587 (MON 0316136) ADJ3316360 (MON 0316137)
Regular

PATRICIA STELLY vs. AUTO CLUB OF SOUTHERN CALIFORNIA, LIBERTY MUTUAL

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by Patricia Stelly. The Board reviewed the petition and the report from the workers' compensation administrative law judge. Ultimately, the Board denied Stelly's petition for reconsideration. The denial was based on the reasoning presented in the administrative law judge's report.

Patricia StellyAuto Club of Southern CaliforniaLiberty MutualADJ2533587ADJ3316360Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ reportAdopted
References
Case No. ADJ2980699 (MON 0351671) ADJ1220548 (MON 0351672)
Regular
Jul 16, 2013

AURA DE LEON vs. MARRIOTT INTERNATIONAL, PSI and Self-Administered

This case involves a Petition for Removal filed by an applicant against Marriott International, PSI, and Self-Administered. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has ordered the Petition for Removal dismissed as no further action will be taken.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardAura De LeonMarriott InternationalPSISelf-AdministeredADJ2980699ADJ1220548
References
Case No. ADJ1655785
Regular
Jan 19, 2011

DANIEL L. GORDON vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The applicant sought to challenge a prior WCAB decision that rescinded a judge's award and remanded the case for apportionment under Labor Code section 4664(c)(1). The WCAB ruled that reconsideration cannot be sought for interlocutory procedural orders that do not finally determine substantive rights or liabilities. Therefore, the applicant's petition was dismissed as procedurally improper.

WCABADJ1655785VNO 0546104Daniel L. GordonCounty of Los AngelesPetition for ReconsiderationOpinion and Order DismissingFindings and AwardDeputy SheriffCardiovascular system
References
Case No. ADJ8175406
Regular
May 23, 2014

MAURICIO GONZALEZ vs. GORDON GIBSON CONSTRUCTION, INC., BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Mauricio Gonzalez's Petition for Reconsideration in Case No. ADJ8175406. The primary reason for dismissal was the petition's untimeliness, as it was filed more than 25 days after the decision. Additionally, the Board would have denied the petition on its merits had it been timely. The petition also suffered from procedural defects, including being unverified and skeletal, further warranting dismissal.

Petition for ReconsiderationUntimelyDismissalWCAB Rules 10842WCAB Rules 10846Labor Code Section 5903Labor Code Section 5902Code of Civil Procedure Section 1013Administrative Law JudgeReport and Recommendation
References
Case No. ADJ8374764
Regular
Oct 29, 2018

RODY CONTRERAS vs. CITY OF REDONDO BEACH

This case concerns an award of additional attorney's fees to applicant's counsel. The Second District Court of Appeal remanded the matter for such fees after denying the defendant's petition for writ of review. The parties subsequently stipulated to reasonable appellate attorney's fees of $1,600.00. The Workers' Compensation Appeals Board has issued an award for these stipulated fees, payable in addition to any compensation to the applicant.

Workers' Compensation Appeals BoardLabor Code Section 5801additional attorney's feesPetition for Writ of Reviewremandstipulationappellate attorney's feesCity of Redondo BeachPermissibly Self-InsuredAdminSure
References
Case No. ADJ1780566 (FRE 0246374) ADJ428063 (FRE 0246373) ADJ3588105 (FRE 0246375) ADJ2219910 (FRE 0247600)
Regular
Dec 01, 2014

ERIC GORDON vs. FRITO-LAY, INC.

This case involves applicant Eric Gordon's appeal of a denied Independent Medical Review (IMR) determination regarding prescribed medications. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration because the applicant failed to present clear and convincing evidence of specific statutory grounds for overturning the IMR decision. The WCAB also affirmed that it lacks jurisdiction to decide constitutional challenges to the IMR process itself. Consequently, the applicant's attempt to have the IMR decision overturned based on alleged excess of power or constitutional grounds was unsuccessful.

Workers' Compensation Appeals BoardIndependent Medical Review (IMR)Petition for ReconsiderationAdministrative Director's powersLabor Code section 4610.6(h)constitutional issuesArticle XIV Section 4cross-examinationmedically necessaryMaximus Federal Services
References
Case No. ADJ1655785 (VNO 0546104)
Regular
Mar 02, 2012

DANIEL LYNN GORDON vs. COUNTY OF LOS ANGELES

The applicant, Daniel Lynn Gordon, sustained industrial injury to his cardiovascular and gastrointestinal systems as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) previously found 20% permanent disability after 80% apportionment. The applicant petitioned for reconsideration, arguing the WCJ erred in the 80% apportionment, specifically challenging the interpretation of "region of the body" under Labor Code section 4664(c)(1) and the method of combining awards rated under different schedules. After further review, the WCAB affirmed the WCJ's original findings and award, denying the applicant's petition.

ADJ1655785VNO 0546104Deputy SheriffCardiovascular injuryGastrointestinal injuryIndustrial injuryPetition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardPermanent Disability
References
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