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

Case No. ADJ2655171 (LAO 0886561) ADJ1429155 (LAO 0862514)
Regular
May 22, 2012

GUILLERMO HERNANDEZ vs. MCKESSON CORPORATION, SEDGWICK CMS, INC.

This case involves reconsideration sought by both applicant Guillermo Hernandez and defendant McKesson Corporation/Sedgwick CMS, Inc., regarding prior decisions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because an initial review indicated the need for further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all communications must be filed in writing with the WCAB Commissioners in San Francisco, not with any district office or e-filed.

Workers' Compensation Appeals BoardReconsideration GrantedMcKesson CorporationSedgwick CMSInc.Guillermo HernandezStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned Decision
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. ADJ4560437 (STK 0198536)
Regular
Oct 28, 2009

GONZALO FLORES-HERNANDEZ (dec.) MARIA ANTONIA HERNANDEZ-LOPEZ, ET AL. vs. A.G. WEST \& STATE COMPENSATION INSURANCE FUND

The WCJ found the deceased sustained industrial injury causing his death while employed as a farm laborer. Applicants sought reconsideration, arguing errors in dependency finding and death benefit calculation. Reconsideration was denied.

Gonzalo Flores-HernandezMaria Antonia Hernandez-Lopezdeath benefitpartial dependentstotal dependencyaugmented death benefitminor dependentslifetime earning capacitydependencyLabor Code section 4702(a)(4)(A)
References
Case No. ADJ169349; ADJ4412540
Regular
Aug 19, 2014

VICTOR HERNANDEZ, SR. vs. SPORTSMAN'S LODGE RESTAURANT, INC., ZENITH INSURANCE COMPANY

This case involves Victor Hernandez Sr. and his workers' compensation claim against Sportsman's Lodge Restaurant, Inc. and Zenith Insurance Company. The Workers' Compensation Appeals Board denied Hernandez's petition for reconsideration. This denial was based on the board adopting the findings of the workers' compensation administrative law judge. The denial specifically notes that the petitioner was properly served with notices regarding a lien conference and a notice of intention to dismiss the lien.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportEAMSNotice of Lien ConferenceProof of ServiceNotice of IntentionDismiss LienApplicantDefendants
References
Case No. ADJ3405229 (AHM 0148132)
Regular
Feb 24, 2010

MARIA HERNANDEZ vs. ALBERTSON'S, SPECIALTY RISK

The Workers' Compensation Appeals Board dismissed Maria Hernandez's petition for reconsideration because it was not filed from a "final" order determining substantive rights or liabilities. The Board also denied her petition for removal, finding no showing of substantial prejudice or irreparable harm if removal was not granted. The WCJ's report and recommendation were adopted and incorporated into this decision. Therefore, the petition for reconsideration is dismissed, and removal is denied.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderProcedural DecisionEvidentiary DecisionRemovalSubstantial PrejudiceIrreparable HarmInadequate Remedy
References
Case No. ADJ8399186
Regular
Jul 25, 2013

MARIBEL HERNANDEZ vs. NORMA'S RESTAURANT; FARMERS

The Workers' Compensation Appeals Board (WCAB) denied Maribel Hernandez's petition for reconsideration. The WCAB adopted the reasoning of the WCJ, who found that the applicant did not sustain an injury arising out of and in the course of employment (AOE/COE). This decision was based on the totality of the record, including inconsistencies in the applicant's testimony regarding symptom onset and information provided to her physician, as well as her delay in seeking medical treatment and not missing work. The WCAB deferred to the WCJ's credibility findings, which it found were not arbitrary, and determined that Dr. Hunt's report did not constitute substantial evidence due to its failure to incorporate subsequent medical findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility findingsubstantial medical evidenceDr. Timothy HuntDr. RafaelEMG studyAOE/COE analysisinconsistency in testimonyapplicant credibility
References
Case No. ADJ9810030 ADJ9810028
Regular
Feb 01, 2019

ESTEBAN HERNANDEZ, vs. BIDART BROTHERS; ZENITH INSURANCE COMPANY,

The Workers' Compensation Appeals Board (WCAB) denied Esteban Hernandez's petition for reconsideration. The WCAB adopted and incorporated the report and opinion of the workers' compensation administrative law judge (WCJ). Therefore, the WCJ's original decision, whatever it was, remains in effect.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYING RECONSIDERATIONWCJ REPORTWCJ OPINIONESTEBAN HERNANDEZBIDART BROTHERSZENITH INSURANCE COMPANYADJ9810030ADJ9810028
References
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
Case No. ADJ9028464
Regular
Jul 31, 2015

RAMIRO HERNANDEZ vs. MERCURY PLASTICS, INC., OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award finding applicant Ramiro Hernandez sustained a mid-back injury AOE/COE. The WCAB determined the claim was barred by Labor Code section 3600(a)(10) because the injury claim was filed after notice of termination. Applicant failed to demonstrate any exceptions to this rule, particularly by a preponderance of the evidence, due to inconsistent and controverted testimony regarding the injury's occurrence and reporting. Consequently, the WCAB found the applicant not credible and his claim barred.

Workers' Compensation Appeals BoardMercury PlasticsInc.Old Republic InsuranceRamiro HernandezInjury AOE/COELabor Code Section 3600(a)(10)Post-termination claimReconsiderationWCJ decision rescinded
References
Case No. ADJ2956969 (VNO 0543215)
Regular
Sep 27, 2018

MIGUEL HERNANDEZ vs. HERSHEL ABELMAN, CLARENDON NATIONAL INSURANCE COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a previous decision regarding applicant Miguel Hernandez. The WCAB adopted the findings of the workers' compensation administrative law judge (WCALJ) for the most part. However, they specifically excluded two paragraphs from the WCALJ's report. The petitions for reconsideration filed by the defendants were consequently denied.

Workers' Compensation Appeals BoardPetitions for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportdenial of reconsiderationButts JohnsonLewis BrisboisClarendon National Insurance CompanySedgwickHershel Abelman
References
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