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

Case No. ADJ761271 (SJO 0070447)
Regular
Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge
References
Case No. ADJ6687390
Regular
Sep 28, 2015

GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

This case involves an applicant injured while employed as a printer for Persona HR and Accuprint Services, Inc. Persona HR sought reconsideration of a finding of dual employment, arguing it was denied due process by the admission of witness testimony without prior notice. The Workers' Compensation Appeals Board denied reconsideration, finding that any error in admitting the testimony was harmless as it was not relied upon for the decision. The Board affirmed the finding of dual employment based on contract language and emails, noting that an employee can have joint and several liability for compensation benefits from multiple employers.

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees
References
Case No. ADJ10394099
Regular
Sep 06, 2018

Samuel Ciuriuc vs. YRC WORLDWIDE INC., OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board dismissed Samuel Ciuriuc's Petition for Reconsideration because it was not filed from a final order. Ciuriuc's petition raised issues regarding his ability to return to work and find a new physician within the defendant's Medical Provider Network (MPN) following an award of permanent disability and future medical treatment for a spine injury. The Board is returning the matter to the trial level for a status conference to address these issues, and advises Ciuriuc to contact the Information and Assistance Unit and the MPN for help.

Petition for ReconsiderationDismissalAwardStipulations with Request for AwardMedical Provider Network (MPN)Information and Assistance UnitMedical TreatmentStatus ConferenceWorkers' Compensation Appeals Board (WCAB)Industrial Injury
References
Case No. ADJ7785733 ADJ7632939 ADJ6541832
Regular
Apr 03, 2014

JOHN SHEK vs. STANFORD HOSPITAL & CLINICS, ACE INSURANCE, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied John Shek's petition for reconsideration of an order declaring him a vexatious litigant. Shek's three workers' compensation cases have been dismissed or denied by final order, with no viable appeal remaining. The Board adopted the judge's report, finding no significant prejudice from the vexatious litigant declaration and admonishing Shek for attaching excess documents. Shek is now subject to pre-filing requirements for any future filings with the Board.

Vexatious litigantPetition for reconsiderationWorkers' Compensation Appeals BoardInjured workerStanford Hospital & ClinicsAce InsuranceSedgwick Claims ManagementOrder denying reconsiderationPrefiling requirementsWCAB Rule 10782
References
Case No. ADJ12340832
Regular
Sep 14, 2022

JOSE PEREZ vs. VILLA PARK LANDSCAPE, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES

The applicant sought reconsideration of an award that found industrial injury to his back and entitled him to disability benefits, but also granted the defendant a credit for temporary disability overpayment. The Appeals Board affirmed the award of disability benefits but deferred the issue of the credit for temporary disability overpayment. This deferral is due to the defendant failing to present evidence or provide a clear explanation for the alleged overpayment, and the potential conflict between temporary and permanent disability indemnity purposes. Further proceedings are recommended to determine if the credit should be awarded.

WCABReconsiderationFindings of Fact and AwardIndustrial InjuryTree TrimmerTemporary DisabilityPermanent DisabilityCredit for OverpaymentAgreed Medical Examination (AME)Primary Treating Physician (PTP)
References
Case No. ADJ11722162; ADJ12080963
Regular
Jun 13, 2025

SHAHROOZ BIGONAH vs. STATE OF CALIFORNIA IHSS, INTERCARE HOLDINGS INSURANCE SERVICES

Applicant Shahrooz Bigonah sought reconsideration of an Opinion and Order issued by the Appeals Board on October 14, 2024, which had dismissed his prior petition as untimely, successive, and duplicative. The current petition, filed on April 3, 2025, challenging an April 9, 2024 Findings and Order, was also determined to be untimely by the Appeals Board, with a filing deadline of November 8, 2024. Consequently, the Board dismissed the petition and cautioned the applicant regarding the potential for vexatious litigant proceedings due to repetitive, unmeritorious filings.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimely petitionsuccessive petitionduplicative petitionFindings and OrderWorkers' Compensation Judge (WCJ)Labor Code section 5909transmission to Appeals BoardElectronic Adjudication Management System (EAMS)
References
Case No. ADJ7211836
Regular
Apr 23, 2018

WILLIAM LABAT vs. LABAT'S TREE CARE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and vacated a dismissal order because the applicant's case was dismissed for lack of prosecution without adequate notice. Due to confusion regarding the applicant's correct address and SCIF's mailing of notices to incorrect locations, the applicant was unaware of the dismissal hearing. The WCAB found that the time for the applicant to petition for reconsideration was tolled due to the lack of proper service, and therefore rescinded the dismissal order. The case is returned to the trial level for further proceedings.

Order VacatingPetition for ReconsiderationLack of ProsecutionOrder of DismissalPetition to ReopenOfficial Address RecordService of ProcessDeclaration of Readiness to ProceedIn Propria PersonaNotice of Intention to Dismiss
References
Case No. ADJ6668829, ADJ8586066, ADJ6894986
Regular
Jan 21, 2014

VICTOR FORWARD vs. CREATIVE CONSTRUCTION SOLUTIONS, INC., ACE PROPERTY AND CASUALTY CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied applicant Victor Forward's claims for industrial injuries. The WCAB rescinded the prior findings, finding that the administrative law judge's (WCJ) decision lacked clear explanation regarding the credibility determination of the applicant's testimony. The matter is returned to the trial level for the WCJ to provide further reasoning on the credibility and evidence issues. This action allows the WCAB to better evaluate whether the decision is supported by substantial evidence.

Propria personaPetition for ReconsiderationJoint Findings of Fact and OrderIndustrial InjuryCredibility DeterminationBurden of ProofSubstantial EvidenceWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ355029 (LBO 0376107)
Regular
Feb 01, 2016

ALFRED ARRENDELL vs. IHSS/DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding attorney fees. The WCAB reviewed a lien claimant's attorney's dissatisfaction with the awarded fee of $600.00. Granting reconsideration, the WCAB rescinded the prior order and awarded the attorney $1,500.00, finding this amount to be a more reasonable fee based on the attorney's efforts in initiating settlement negotiations. The remaining withheld funds are to be paid directly to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAttorney FeesReasonable FeeLien ClaimantFormer AttorneyAdministrative Law JudgeFindings and OrderRescinded
References
Case No. ADJ9922433
Regular
Dec 08, 2015

PAUL BIXBY vs. CITY OF LAGUNA BEACH

This case concerns an applicant's petition for removal of the Workers' Compensation Judge (WCJ) based on alleged bias. The applicant's petition, though unverified and procedurally deficient, was treated as a disqualification request. The WCJ acknowledged inappropriate behavior and recused himself from the case, rendering the applicant's requested relief moot. Consequently, the Appeals Board dismissed the petition for removal as moot, while cautioning the applicant about future procedural compliance.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationOrder taking matter off calendarOrder Quashing Subpoena Duces Tecumbiasmootnessrecusalprocedural requirementsunverified petition
References
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