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

Case No. ADJ1975641 (SRO 0139288)
Regular
Nov 15, 2010

LETEBRHAN BERHE vs. DLK VENTURES INC. dba HANNA HOUSE, RIDLEY NURSING HOME; VIRGINIA, SURETY INSURANCE COMPANY as, administered by FIRSTCOMP OMAHA

Defendant seeks reconsideration of an award finding applicant sustained a work injury and granted benefits, including reimbursement to EDD from applicant's permanent disability award. The defendant contends the WCJ erred by not ordering applicant to reimburse EDD directly. The Appeals Board granted reconsideration, rescinded the decision, and returned the matter to the trial level. This action was taken to allow the WCJ to determine EDD's entitlement to reimbursement directly from the defendant, given the defendant's failure to notify EDD of permanent disability payments after receiving EDD's lien notice.

WORKERS' COMPENSATION APPEALS BOARDDLK VENTURES INC.HANNA HOUSERIDLEY NURSING HOMEVIRGINIA SURETY INSURANCE COMPANYFIRSTCOMP OMAHAADJ1975641SRO 0139288LETEBRHAN BERHEFindings and Award
References
Case No. ADJ8077103
Regular
Jul 24, 2013

JAVIER CASTRO vs. COAST COOLING, INC., ZENITH INSURANCE

This case concerns a Petition for Reconsideration filed by the defendants, Coast Cooling, Inc. and Zenith Insurance, challenging the Appeals Board's prior order granting reconsideration. The Board dismissed the petition because reconsideration can only be sought from a final order, decision, or award. An order granting reconsideration, without resolving the underlying issues, is not considered a final order. Therefore, the defendants' petition was dismissed as procedurally improper.

Petition for ReconsiderationFinal OrderInterlocutory OrderLabor Code § 5900Gumilla v. Industrial Acc. Com.Safeway Stores v. Workers' Comp. Appeals Bd.Dufault v. Workers' Comp. Appeals Bd.Ortiz v. Workers' Comp. Appeals Bd.City of Los Angeles v. Industrial Acc. Com.Hanna
References
Case No. ADJ2147147 (RDG 0082557) ADJ4028847 (RDG 0090082)
Regular
Jul 13, 2012

JULIE SMITH vs. GOTTCHALKS, LIBERTY MUTUAL FIRE INSURANCE, NORTH VALLEY SCHOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR/CAL COMP, in liquidation

In *Smith v. Gottchalks*, the Workers' Compensation Appeals Board dismissed a petition for reconsideration. The Board found that a petition for reconsideration can only be filed after a final order, decision, or award. An order granting reconsideration without resolving the underlying issues is not considered a final order under Labor Code section 5900. Therefore, the petition challenging the order granting reconsideration was dismissed as procedurally improper.

Petition for ReconsiderationInterlocutory Procedural OrdersFinal OrderLabor Code Section 5900California Worker's Compensation PracticeGumilla v. Industrial Acc. Com.Safeway Stores v. Workers' Comp. Appeals Bd. (Pointer)Dufault v. Workers' Comp. Appeals Bd.Ortiz v. Workers' Comp. Appeals Bd.Ascough v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8829857 ADJ8829856
Regular
Apr 18, 2016

DULCE ESPINOZA vs. JENCO PRODUCTIONS, INC., FIRST NATIONAL INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the appealed finding, deferring development of the record on psychiatric injury, was not a final order. The Board then treated the petition as one for removal, granted it, and rescinded the deferral. Ultimately, the Board found that the applicant failed to prove industrial injury to her psyche, citing a lack of objective evidence and inconsistencies in her reporting, as well as a conflicted medical opinion.

WORKERS' COMPENSATION APPEALS BOARDDULCE ESPINOZAJENCO PRODUCTIONSINC.FIRST NATIONAL INSURANCE COMPANY OF AMERICAADJ8829857ADJ8829856Petition for ReconsiderationPetition for RemovalDecision After Removal
References
Case No. ADJ4233729
Regular
Feb 07, 2011

CHARLES COFFEY vs. MAGNOLIA TREE APARTMENTS, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies the defendant's Petition for Reconsideration. The Board adopts and incorporates the findings of the workers' compensation administrative law judge (WCJ). The WCJ's report is deemed to cure any defects in satisfying Labor Code section 5313 requirements. Consequently, the petition for reconsideration is denied.

Workers Compensation Appeals BoardMagnolia Tree ApartmentsZenith Insurance CompanyPetition for ReconsiderationWCJ reportLabor Code section 5313Smales v. Workers' Comp. Appeals Bd.Order Denying ReconsiderationAdministrative Law JudgeHanna & Brophy
References
Case No. ADJ6760459
Regular
Feb 10, 2010

RAFAEL SERRANO vs. SUNSET SCAVENGER COMPANY, NORCAL WASTE SYSTEMS, INC., (dba RECOLOGY), permissibly self-insured, adjusted by JT2 INTEGRATED RESOURCES

This case involves a Petition for Removal filed by the defendant, Sunset Scavenger Company, which was denied by the Workers' Compensation Appeals Board. The Board adopted the WCJ's report, finding that the defendant failed to demonstrate significant prejudice or irreparable harm if removal was not granted. The Board also determined that reconsideration would be an adequate remedy if an adverse final decision were issued. Therefore, the Petition for Removal was denied.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportirreparable harmreconsiderationfinal decisionHANNA BROPHY
References
Case No. ADJ2161987 (FRE 0162457) ADJ253219 (FRE 0162458) ADJ1820437 (FRE 0173868)
Regular
Mar 07, 2014

RAMONA FARLEY vs. LINDSAY HOSPITAL C/O SIERRA VIEW LOCAL HEALTH CARE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR CAL COMP, in liquidation by INTERCARE

This Workers' Compensation Appeals Board (WCAB) case involves applicant Ramona Farley against Lindsay Hospital and its insurer, with the California Insurance Guarantee Association (CIGA) also involved due to liquidation. The WCAB issued an order dismissing a petition for reconsideration that had been filed by one of the parties. This dismissal is based solely on the petitioner's subsequent withdrawal of that very petition. No substantive issues regarding the original decision were addressed in this dismissal order.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationLiquidationIntercareADJ2161987ADJ253219ADJ1820437
References
Case No. ADJ216420
Regular
Jul 02, 2009

Rachel Martinez vs. COUNTY OF MONTEREY

This case involves a petition for reconsideration filed by the defendant, County of Monterey, challenging a previous decision. The Workers' Compensation Appeals Board (WCAB) granted the petition. This grant is not a final ruling but allows the WCAB additional time to thoroughly review the factual and legal issues. The WCAB intends to issue a just and reasoned decision after this further study, and all future communications should be directed to the reconsideration unit in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationService by MailHanna BrophyLaw Offices of Stephen Sprenkle
References
Case No. ADJ7616554
Regular
Mar 30, 2012

MARCO ORTIZ, Deceased, LLUVIA DIAZ ORTIZ vs. COUNTY OF ALAMEDA, ALAMEDA COUNTY SHERIFF'S DEPARTMENT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has granted reconsideration of a January 9, 2012 decision concerning the deceased worker Marco Ortiz, with Lluvia Diaz Ortiz as applicant, against the County of Alameda and its Sheriff's Department. Reconsideration was sought by the defendant. The Board believes further study of the factual and legal issues is necessary to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationAlameda County Sheriff's DepartmentSedgwick Claims Management ServicesDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemMarguerite SweeneyRaymond E. Frost & Associates
References
Case No. ADJ8237611, ADJ8237609
Regular
Jan 10, 2014

CLORIA ZACARIAS vs. TRUE LEAF FARMS, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves an applicant, Gloria Zacarias, seeking workers' compensation. The defendants are True Leaf Farms and its insurer. The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Removal. The WCAB found that the petition did not demonstrate irreparable harm as required by WCAB Rule 10843.

Petition for RemovalIrreparable HarmWCAB Rule 10843Administrative Law Judge ReportWorkers' Compensation Appeals BoardTrue Leaf FarmsNational Union Fire Insurance CompanyAthens AdministratorsADJ8237611ADJ8237609
References
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