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

Case No. ADJ9277719
Regular
Dec 19, 2016

RITA GHAZARIAN vs. IHSS

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration, sua sponte, of a Findings and Award issued on October 20, 2016, in the case of Rita Ghazarian v. IHSS. The Board requires further study of the legal and factual issues presented by the case. All future filings related to this reconsideration must be submitted directly to the WCAB Commissioners in San Francisco, not to any district office or through EAMS. Trial-level documents not concerning reconsideration should continue to be filed as usual.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardAdministrative Law JudgeIHSSLegally UninsuredYork Risk ServicesElectronic Adjudication Management SystemEAMSOffice of the Commissioners
References
Case No. ADJ10324875
Regular
Sep 19, 2016

YU QIN ZHU vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision. The Board found that the applicant, a caregiver for IHSS, did not sustain an injury arising out of and occurring in the course of employment when she was hit by a car while cycling between clients. The Board determined that her commute between clients did not fall under an exception to the "going and coming" rule as she chose her clients, work hours, and method of transportation for her own convenience. Therefore, the Board substituted its own finding that the injury was not compensable.

Workers' Compensation Appeals BoardIHSSYork Risk Services GroupInc.ADJ10324875Petition for ReconsiderationOpinion and OrderFindings of FactWorkers' Compensation Judge (WCJ)Labor Code Section 3351.5
References
Case No. ADJ10108024
Regular
Jun 21, 2018

SUSAN N. GALLEGO vs. IHSS - CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration to correct the employer's identity. The Board amended the Findings of Fact to accurately reflect the employer as "IHSS - California Department of Social Services, Legally Uninsured, Administered by York Risk Services Group." This amendment supersedes the previous identification of the employer. Otherwise, the original Findings of Fact remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactLegally UninsuredYork Risk Services GroupJointly EmployedIHSSCalifornia Department of Social ServicesAdministrative Law JudgeDecision After Reconsideration
References
Case No. ADJ9290124
Regular
Aug 01, 2014

TONIE RUIZ vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES IHSS, Legally Uninsured, Administered By YORK RISK SERVICES GROUP, INC.

The defendant sought reconsideration of an award of temporary disability benefits for an IHSS caregiver injured in 2012. The Appeals Board granted reconsideration, affirming the award of temporary disability benefits. However, the Board clarified that benefits are limited to 104 weeks under Labor Code section 4656(c)(2). The Board also ruled that placing the applicant on a registry did not constitute a valid offer of modified work, as no actual offer was made.

Workers' Compensation Appeals BoardIn-Home Supportive ServicesIHSSDual EmploymentTemporary DisabilityLabor Code 4656(c)(2)Permanent and StationaryPanel Qualified Medical EvaluatorPQMEAgreed Medical Examiner
References
Case No. ADJ8216409
Regular
Jan 20, 2015

NORMA FLORES vs. DEPARTMENT OF SOCIAL SERVICES/IHSS, YORK RISK SERVICES

In *Flores v. Department of Social Services/IHSS*, the Workers' Compensation Appeals Board (WCAB) dismissed an applicant's petition for reconsideration as untimely. The petition was filed on November 26, 2014, more than twenty-five days after the WCJ's decision was served on October 20, 2014. The WCAB emphasized that the filing deadline for a petition for reconsideration is jurisdictional. Therefore, the Board lacked the authority to grant the petition, regardless of its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitWCJ Report and RecommendationDismissalService of DecisionMailing ExtensionCode of Civil Procedure Section 1013
References
Case No. ADJ9699614
Regular
Nov 28, 2016

KALILEA TAFENGATOTO vs. STATE OF CALIFORNIA-IHSS

The Appeals Board granted removal of an Order taking a matter off calendar regarding California Insurance Company's (CIC) joinder. CIC was improperly joined as a defendant, and its timely objection was voided without a hearing, denying due process. This deprivation caused significant prejudice and irreparable harm, making reconsideration an inadequate remedy. The matter is returned to the trial level for further proceedings on CIC's joinder.

Petition for RemovalOrder Taking Off CalendarJoinder OrderJoint EmploymentObjectionGood CauseDue ProcessFair HearingReconsiderationRescind
References
Case No. ADJ7636863
Regular
Apr 02, 2012

KARINE GABRIYELYAN vs. STATE OF CALIFORNIA, SOCIAL SERVICES-IHSS, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for injuries sustained by a home care provider while transporting her client, who was experiencing a medical emergency, to the client's daughter's home on Christmas Eve. The applicant testified she acted out of concern for the client's well-being, not for personal reasons, and that the injury occurred when the client fell on her on the stairs. The Workers' Compensation Appeals Board denied the petitioner's request for reconsideration, finding substantial evidence that the applicant's actions were within the course and scope of her employment and that their request for a continuance was improperly handled. The WCJ's credibility findings were given significant weight in the decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationJudge's ReportApplicant's OccupationHome Care ProviderDate of InjuryLumbar SpineCervical SpinePsycheSleep Disorder
References
Case No. MON 0114910
Regular
Oct 02, 2007

TEDDIE GRIFFIN vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES - IHSS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimants' Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The Board noted that even after the WCJ pointed out the defect, the lien claimants failed to cure the lack of verification. Therefore, the petition was dismissed for failure to comply with the statutory verification requirement.

LachesLabor Code section 4903.5PrejudiceLien claimantsCalifornia Psychiatric CenterNeuro-Electro DiagnosticPetition for ReconsiderationVerificationLabor Code section 5902Dismissal
References
Case No. ADJ9904638 ADJ7352002
Regular
Aug 23, 2018

CARMEN CAEZ vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), administered by YORK RISK SERVICES GROUP, INC

In this workers' compensation case, the applicant filed a Petition for Removal seeking to rescind a Notice of Hearing. The applicant argued the hearing would cause prejudice, but the underlying Petition for Reconsideration was rendered moot when the WCJ vacated their initial decision. Further attempts at reconsideration were withdrawn, and the subsequent trial rendered the current Petition for Removal moot. Consequently, the Appeals Board dismissed the Petition for Removal.

Petition for RemovalPetition for ReconsiderationNotice of HearingFindings and OrderWorkers' Compensation Appeals BoardWCJVacated DecisionRendered MootDismissed PetitionADJ9904638
References
Case No. ADJ10728990
Regular
Jul 25, 2025

XYZ ADJ10728990 vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), Legally Uninsured, Administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board affirmed a WCJ's decision denying XYZ ADJ10728990's claim of industrial injury (HIV/AIDS) sustained as a caregiver/dialysis technician. The applicant had sought reconsideration, arguing for more time to develop the evidentiary record. The Board adopted the WCJ's report, which relied on the Qualified Medical Evaluator's opinion. The QME concluded that the timeline of the applicant's AIDS diagnosis in May 2015 indicated the HIV infection occurred many years prior, thus precluding the claimed employment period (August-December 2013) as the cause, rendering further discovery on the patient's HIV status irrelevant.

Workers' Compensation Appeals BoardIHSSLegally UninsuredYork Risk Services GroupPetition for ReconsiderationWCJFindings of Fact and Orderindustrial injuryAcquired Immune Deficiency SyndromeAIDS
References
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