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

Case No. ADJ10682518
Regular
Nov 30, 2017

LORENZO ENRIQUEZ vs. HOUSE FOODS AMERICA, TOKIO MARINE MANAGEMENT

This case involves a Petition for Removal and Reconsideration filed by the defendant, House Foods America and Tokio Marine Management. The Appeals Board dismissed the Petition for Removal, finding that the WCJ's finding of injury arising out of and occurring in the course of employment was a final order, making reconsideration the proper remedy. The Board denied reconsideration, adopting the WCJ's findings and giving significant weight to their credibility determinations regarding the applicant's testimony.

RemovalReconsiderationPetition for RemovalPetition for ReconsiderationAppeals Board Rule 10843Final OrderSubstantive RightThreshold IssueAOE/COECredibility Determination
References
Case No. ADJ10483342
Regular
May 22, 2018

JOSE GARCIA vs. HOUSE FOODS AMERICA CORPORATION

The Workers' Compensation Appeals Board (WCAB) denied and dismissed House Foods America Corporation's Petition for Removal. The Board found removal an extraordinary remedy, not warranted here due to lack of demonstrated prejudice or irreparable harm. Furthermore, the petition was untimely regarding the December 12, 2017 Order Rescinding, as it was filed after the statutory deadline. The Board upheld the WCJ's analysis, concluding reconsideration would be an adequate remedy if necessary.

Petition for RemovalDismissing and DenyingMinute OrderOff CalendarOrder RescindingUntimelyExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsideration
References
Case No. ADJ3393930 (AHM 0089017) ADJ2735537 (AHM 0094395)
Regular
May 06, 2013

DAVID CARMONA vs. BMW OF NORTH AMERICA, ZURICH NORTH AMERICA, FIREMAN'S FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in *Carmona v. BMW of North America*, finding the Workers' Compensation Judge's (WCJ) report insufficient. The WCAB rescinded the WCJ's prior decision and returned the case for further proceedings and a new decision. While the WCJ intended to correct a clerical error regarding cumulative trauma dates, the WCAB felt further development of the record was needed on temporary total disability, but not apportionment related to Dr. Stewart. This is not a final decision on the merits.

DAVID CARMONABMW OF NORTH AMERICAZURICH NORTH AMERICAFIREMAN'S FUNDWORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONADMINISTRATIVE LAW JUDGECLERICAL ERRORCUMULATIVE TRAUMATEMPORARY TOTAL DISABILITY
References
Case No. ADJ7560161
Regular
Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability
References
Case No. ADJ9154979; ADJ9318850; ADJ9318848; ADJ9532548
Regular
Aug 06, 2018

MARIA DEL CARMEN LOPEZ ANAYA vs. RAMONA’S FOOD GROUP, (PSI), CALIFORNIA CLAIMS MANAGEMENT SERVICES, TRAVELERS PROPERTY CASUALTY CO OF AMERICA

The Workers' Compensation Appeals Board denied Ramona's Food Group's petition for removal of an order compelling it to serve all documents to a lien claimant. The Board found that Ramona's Food Group failed to demonstrate substantial prejudice or irreparable harm, which are required for removal. The WCJ's report, incorporated by the Board, also noted the petition's procedural deficiencies, including lack of service on all parties. Consequently, the order compelling the service of documents remains in effect.

Petition for RemovalOrder Compelling Service of RecordWorkers' Compensation Appeals BoardAdministrative Law JudgeLien ClaimantCompromise and ReleaseAOE/COESubstantial PrejudiceIrreparable HarmZA Management
References
Case No. ADJ10009703 ADJ10043837
Regular
Feb 19, 2019

ZULAY DAVILA vs. EMPLOYERS RESOURCE GROUP, VENSURE HR, INC., LCF LIBERTY JR, LLC/SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, PROPORTION FOODS, LLC/REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the WCJ's decision due to a due process violation. The WCJ had determined employment by ERG without providing ERG notice and an opportunity to be heard. The WCAB returned the case to the trial level for further proceedings to determine employment status. Issues of insurance coverage will be subject to mandatory arbitration once employment is established.

Workers' Compensation Appeals BoardVENSURE HRSecurity National Insurance CompanyProportion FoodsLLCREDWOOD FIRE AND CASUALTY INSURANCE COMPANYBERKSHIRE HATHAWAY HOMESTATE COMPANIESAMTRUST NORTH AMERICAEMPLOYMENT RESOURCES GROUPINC.
References
Case No. LAO 873064, LAO 875477
Regular
Feb 15, 2008

DIANA VASQUEZ vs. CHOICE ONE FOODS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, remanding the case to the trial level. The Board found that while the applicant's specific injury notification after termination was valid, the date of the claimed cumulative trauma injury was not determined, making it unclear if it was barred by post-termination claim defenses. Therefore, the case must be further developed to determine the date of injury and apply the relevant statutes.

Workers' Compensation Appeals BoardDiana VasquezChoice One FoodsZurich North Americanon-compensable injuriesaoe/coeright hand injuryright upper extremity injurypsyche injuryLabor Code section 3600(a)(10)
References
Case No. ADJ6487778
Regular
Jul 19, 2011

SERGIO ZAMORA vs. TAYLOR FRESH FOODS, ZÜRICH NORTH AMERICA

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a Findings and Award that determined the applicant sustained a 100% permanent disability due to an industrial injury. The defendant argued the WCJ erred in deeming the applicant unemployable and sought apportionment of psychiatric disability. However, the parties subsequently reached a settlement agreement via Compromise and Release. Consequently, the Board rescinded the original award and returned the matter to the trial level for settlement finalization.

Sergio ZamoraTaylor Fresh FoodsZurich North AmericaADJ6487778Petition for ReconsiderationFindings and AwardDryer OperatorIndustrial InjuryRight HandThird Finger
References
Case No. ADJ13604184
Regular
Aug 21, 2025

JOSE MARTINEZ vs. TAYLOR FRESH FOODS, ZURICH NORTH AMERICA

While this matter was pending reconsideration, the parties reached a proposed settlement. To allow the workers' compensation administrative law judge (WCJ) to review the settlement, the Appeals Board has rescinded the original decision. The case is returned to the trial level for the WCJ to consider the proposed settlement. This is not a final decision on the merits; if the settlement is not approved, the WCJ may reinstate the original decision, from which further reconsideration can be sought.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWCJAdministrative Law JudgeProposed SettlementFurther ProceedingsDecision After Reconsideration
References
Case No. ADJ6915515
Regular
Jan 05, 2010

FRANCISCO GOMEZ vs. MERCADO FOOD ENTERPRISE, INC.; dba VALLATA SUPERMARKET # 16, SEDGWICK CMS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the venue change order was not a final, appealable decision. The Board also denied the applicant's petition for removal, finding no showing of substantial prejudice or irreparable injury. The applicant had sought to set aside an order changing the venue of his case to the Bakersfield District Office. The Board incorporated the Presiding Judge's report recommending denial of the removal petition.

Petition for RemovalPetition for ReconsiderationOrder changing venueBakersfield District OfficeLos Angeles District OfficePresiding Workers' Compensation JudgeFinal OrderSubstantive rights and liabilitiesSubstantial prejudiceIrreparable injury
References
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