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

Case No. ADJ7489160
Regular
Oct 12, 2015

IRMA CERON vs. NICE CLEANERS

The Workers' Compensation Appeals Board denied Irma Ceron's Petition for Removal against Nice Cleaners. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The Board adopted the WCJ's report, finding that reconsideration after a final decision would be an adequate remedy. The applicant's request for further discovery after the Mandatory Settlement Conference, when discovery was closed, was also a factor in the denial.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationinterlocutory orderDeclaration of ReadinessMandatory Settlement Conferencediscovery closure
References
2
Case No. ADJ8866592
Regular
Jul 31, 2018

IRMA QUINTERO vs. EPISCOPAL SENIOR SERVICE CENTER dba SPRING LAKE VILLAGE

The Workers' Compensation Appeals Board granted reconsideration to address an error regarding temporary disability indemnity. The Board affirmed the finding of 41% permanent disability but deferred the issue of EDD lien recovery. Crucially, the Board found the rheumatologist's apportionment opinion substantial evidence, while the AME's apportionment opinion lacked sufficient reasoning. The case is returned to the WCJ for further proceedings on the EDD lien.

Workers' Compensation Appeals BoardIRMA QUINTEROEPISCOPAL SENIOR SERVICE CENTERATHENS ADMINISTRATORSFindings and AwardReconsiderationPermanent DisabilityApportionmentEDD LienComplex Regional Pain Syndrome
References
4
Case No. ADJ529329
Regular
Feb 20, 2013

IRMA GONZALEZ vs. J & L FARMS, BROADSPIRE CIGA

This case involves Irma Gonzalez's petition for reconsideration, which has been dismissed by the Workers' Compensation Appeals Board. The dismissal is based on two grounds: the petition was not filed from a final order and was untimely. The Board adopted the administrative law judge's report and recommendation as the basis for this decision.

Petition for ReconsiderationDismissedFinal OrderTimely-FiledReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeJ & L FarmsBroadspire CIGAIRMA GONZALEZ
References
0
Case No. SAC 0354460 SAC 0354512
Regular
Jul 20, 2007

IRMA WILLIAMS vs. U.C. DAVIS MEDICAL CENTER

This case concerns Irma Williams' appeal of a Workers' Compensation Appeals Board (WCAB) decision that overturned a prior finding of industrial injury to her back. The WCAB denied reconsideration, finding that the applicant failed to provide substantial medical evidence of cumulative trauma. Despite the applicant's arguments about strenuous job duties, the Board concluded the medical report was insufficient to establish a compensable injury.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryCumulative TraumaAOE/COESubstantial EvidenceWCJ CredibilitySub Rosa FilmDegenerative Joint DiseaseRadicular Symptoms
References
2
Case No. AHM 0114480
Regular
Jun 06, 2008

JAVIER QUINTERO vs. IRON MOUNTAIN, INC., ZURICH NORTH AMERICA

In Quintero v. Iron Mountain, Inc., the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. This action was taken due to statutory time constraints and an initial review of the record, necessitating further study of the factual and legal issues. The Board requires this additional review to ensure a complete understanding of the case and issue a just decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGRANTINGOPINION AND ORDERJAVIER QUINTEROIRON MOUNTAINZURICH NORTH AMERICAAHM 0114480STATUTORY TIME CONSTRAINTSFURTHER PROCEEDINGS
References
0
Case No. ADJ8602126
Regular
Nov 09, 2016

SERGIO QUINTERO vs. THE GROWING COMPANY, TOWER INSURANCE AND AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration in the case of Quintero v. The Growing Company. The WCAB adopted and incorporated the reasoning from the workers' compensation administrative law judge's report. The order specifies that the petition for reconsideration is dismissed. Commissioner Caplane, involved in a prior decision, was unavailable.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWCJ reportAdministrative Law JudgeSergio QuinteroThe Growing CompanyTower InsuranceAmtrust North AmericaADJ8602126
References
0
Case No. ADJ8069354, ADJ9287572
Regular
Oct 23, 2015

JOSIE QUINTERO vs. WESTERN HEALTHCARE CENTER, TECHNOLOGY INSURANCE COMPANY, AMTRUST

The Workers' Compensation Appeals Board (WCAB) dismissed Josie Quintero's Petition for Reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline after the WCJ's decision. The WCAB emphasized that a petition must be received by the Board within the timeframe, not merely mailed. Because the petition was filed on September 2, 2015, more than 25 days after the August 4, 2015 decision, it was deemed untimely and therefore dismissed.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitService by MailWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Workers' Compensation Administrative Law JudgeFinal Decision
References
4
Case No. 2019 NY Slip Op 06459
Regular Panel Decision
Sep 10, 2019

Vega v. CM & Assoc. Constr. Mgt., LLC

Plaintiff Irma Vega sued CM and Associates Construction Management, LLC, alleging that she was employed as a manual laborer and was paid biweekly instead of weekly, violating Labor Law § 191 (1) (a). She sought liquidated damages, interest, and attorney's fees pursuant to Labor Law § 198 (1-a). The defendant's motion to dismiss the complaint, which was denied by the Supreme Court, Bronx County, was unanimously affirmed by the Appellate Division, First Department. The court clarified that Labor Law § 198 (1-a) provides remedies for untimely payment of wages, encompassing situations where frequency requirements are violated, even if all wages are eventually paid before an action commences. It further affirmed that a private right of action is expressly provided and, in the alternative, implied for violations of Labor Law § 191, thus rejecting the defendant's arguments against such claims.

Wage claimsManual laborerBiweekly paymentWeekly payment requirementLiquidated damagesLabor Law violationsPrivate right of actionUnderpayment definitionTimely wage paymentEmployer obligations
References
11
Case No. ADJ8667926
Regular
Sep 16, 2014

NINFA QUINTERO vs. PACIFIC TRIPLE E. LTD., MEADOWBROOK FOR STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration and dismissed removal in the case of Ninfa Quintero vs. Pacific Triple E. Ltd. The denial was based on the reasoning provided by the workers' compensation administrative law judge, which the Board adopted. The judge correctly found that defense counsel violated Labor Code section 4062.3 by communicating with a medical evaluator and providing documentation less than 20 days prior to the scheduled evaluation, and by failing to serve applicant's counsel with all enclosed documents. The Board further agreed that striking the evaluator's report and ordering a new panel was appropriate, as there was no showing of irreparable harm or significant prejudice to warrant removal.

WCABPetition for ReconsiderationRemovalLabor Code Section 4062.3Qualified Medical EvaluatorQMEChiropractic MedicineEx Parte CommunicationMedical TreatmentFinal Order
References
0
Case No. ADJ9520089
Regular
Nov 21, 1937

IRMA SOLIS DIAZ vs. JESSE NAVARRO & LUPITA GUTIERREZ dba CASA DEL LAGO, UEBTF

The Workers' Compensation Appeals Board (WCAB) denied Irma Solis Diaz's petition for reconsideration in the case against Jesse Navarro and Lupita Gutierrez dba Casa del Lago. The Board adopted and incorporated the report of the workers' compensation administrative law judge (WCJ). The specific grounds for the denial are not detailed in this opinion but are attributed to the WCJ's report. Therefore, the initial decision, whatever it was, stands.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYINGWCJ'S REPORTADOPT AND INCORPORATELOS ANGELES DISTRICT OFFICEAPPLLICANTDEFENDANTSCASE NOOPINION AND ORDER
References
0
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