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

Case No. ADJ3023725 (STK 0186210) ADJ 6853419
Regular
Mar 03, 2016

IGNACIO ROA vs. ROHRER BROTHERS/GENERAL PRODUCE; FREMONT COMPENSATION INSURANCE COMPANY, in liquidation CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by SEDGWICK; XL SPECIALTY/BROADSPIRE; STATE COMPENSATION INSURANCE FUND

This case concerns applicant Ignacio Roa's petition for reconsideration of a workers' compensation award finding 20% permanent disability for a right knee injury with 50% apportionment to nonindustrial factors. Roa also sought to establish an industrial injury to his left knee as a consequence of the right knee injury and a cumulative trauma injury to both knees, which the Workers' Compensation Appeals Board denied. The Board affirmed the judge's findings, relying on Dr. Henrichsen's opinion that Roa's left knee symptoms were due to the natural progression of prior surgery and wear, not industrial factors. A dissenting opinion argued for further medical development, finding persuasive evidence of industrial contribution to the left knee condition.

Workers' Compensation Appeals BoardIgnacio RoaRohrer BrothersFremont Compensation Insurance CompanyCIGAXL SpecialtyState Compensation Insurance Fundpermanent disabilityapportionmentnonindustrial factors
References
5
Case No. ADJ9143778 ADJ9845461 ADJ9845465 ADJ9143777
Regular
Nov 27, 2017

IGNACIO MOLINA vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed Ignacio Molina's Petition for Reconsideration because it failed to meet statutory requirements for specificity and legal support. Molina sought reconsideration based on his employer's alleged failure to provide medical treatment for his left eye. However, his petition did not challenge the specific findings of the previous decision nor provide detailed legal grounds. The Board advised Molina that he could pursue medical treatment issues by filing a Declaration of Readiness to Proceed.

Petition for ReconsiderationDismissalWCJJoint Findings of FactOrders and Opinion on DecisionLabor Code section 5902WCAB Rule 10842(a)Cal. Code Regs.tit. 8§ 10846
References
0
Case No. ADJ8261287
Regular
Sep 17, 2014

IGNACIO VIDRIOS LUNA vs. WAWONA PACKING, ZURICH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Ignacio Vidrios Luna's petition for reconsideration as untimely. The petition was filed more than 20 days after the administrative law judge's decision, exceeding the jurisdictional time limit. Since the decision was personally served, there was no mailing extension. Even if timely, the WCAB would have denied the petition on its merits. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimelyLabor Code section 5903JurisdictionalPersonally ServedOrder Approving Compromise and ReleaseAttorney's FeesWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJ Report
References
7
Case No. ADJ9389953
Regular
Mar 08, 2019

IGNACIO BARRON vs. PAK’S CABINETS, SOUTHERN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Ignacio Barron's claim against Pak's Cabinets. The amended decision affirmed the original award of permanent disability at 40%, payable at $230.00 per week for 201 weeks, totaling $46,230.00, less attorney fees. Crucially, the amendment acknowledged that the Employment Development Department paid unemployment benefits during the period of indemnity and allowed a lien for overlapping payments, to be determined by a workers' compensation judge.

Petition for ReconsiderationWCJ reportAMENDED decisiontemporary disability indemnitypermanent disability indemnityEmployment Development Departmentunemployment compensation disability benefitsoverlapping paymentslien claimaward
References
0
Case No. ADJ3023725 (STK 0186210), ADJ6853419
Regular
Mar 04, 2016

IGNACIO ROA vs. ROHRER BROTHERS/ GENERAL PRODUCE, FREMONT COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, XL SPECIALTY/ BROADSPIRE, STATE COMPENSATION INSURANCE FUND

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order Denying Petition for Reconsideration mistakenly listed the service date as March 3, 2016. The Appeals Board issued an order to correct this error, amending the service date to March 4, 2016. This correction was made without granting reconsideration, as such clerical errors can be rectified at any time.

WORKERS' COMPENSATION APPEALS BOARDClerical ErrorDate of ServiceOpinion and OrderReconsiderationAmended DateSupplemental ProceedingsLiquidated Insurance CompanyCalifornia Insurance Guarantee AssociationSedgwick
References
0
Case No. ADJ7774631
Regular
Aug 16, 2019

IGNACIO GARCIA vs. TRINIDAD RODRIGUEZ dba RODRIGUEZ FARM LABOR CONTRACTOR, STATE COMPENSATION INSURANCE FUND, SERGIO RODRIGUEZ

This case involves a worker's compensation claim by Ignacio Garcia. The primary issue was whether Garcia was employed by Trinidad Rodriguez dba Rodriguez Farm Labor Contractor or Sergio Rodriguez. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the judge's finding that Trinidad Rodriguez was the employer. While the Board noted the applicant has the burden to prove employment, they found the evidence supported the conclusion that Garcia was employed by Trinidad Rodriguez.

Petition for ReconsiderationDenialEmployment StatusFarm Labor ContractorState Compensation Insurance FundGoing and Coming RuleBurden of ProofCredibility DeterminationsInsured EmployerUninsured Employer
References
1
Case No. 2015 NY Slip Op 09254
Regular Panel Decision
Dec 16, 2015

Guevera v. Simon Property Group, Inc.

Ignacio Guevera, an employee, suffered personal injuries after falling from a ladder due to an electrical shock while performing routine maintenance in a retail store. He sued Simon Property Group, Inc. and Pacific Sunwear Stores, Corp., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), and common-law negligence. The Supreme Court denied Guevera's motion for summary judgment on Labor Law § 240 (1) liability and granted the defendants' cross-motion to dismiss the complaint. The Appellate Division affirmed this decision, finding Guevera's activity was routine maintenance, not covered by Labor Law §§ 240 (1) or 241 (6). Furthermore, the court determined the defendants lacked notice of the loose cable for the Labor Law § 200 and common-law negligence claims. Another plaintiff's appeal was dismissed as abandoned.

Personal InjuryFall from LadderLabor LawSummary JudgmentRoutine MaintenanceElectrical ShockPremises LiabilityAppellate DivisionWorkplace Safety
References
10
Case No. ADJ620397 (RIV 0056438) ADJ1911732 (RIV 0056435) ADJ1333607 (RIV 0049303) ADJ579299 (SBR 0199223)
Regular
Oct 14, 2011

IGNACIO FLORES vs. FLEETWOOD ENTERPRISES, INC.

This case concerns a lien claimant, Tustin Hospital and Medical Center, whose lien was dismissed by the WCJ due to repeated failure to attend scheduled hearings. The lien claimant sought reconsideration, arguing a lack of notice, but the Appeals Board denied the petition. The Board also initiated proceedings for sanctions against the lien claimant and its representative for filing a frivolous petition and their pattern of non-appearance.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionGood CauseLabor Code § 5813SanctionsFrivolous PetitionRepeated Non-Appearance
References
1
Case No. ADJ620397 (RIV 0056438)
Regular
Jan 24, 2012

IGNACIO FLORES vs. FLEETWOOD ENTERPRISES, INC.

The Workers' Compensation Appeals Board (WCAB) imposed a $\$500$ sanction against Andrew Flores and Tustin Hospital and Medical Center, jointly and severally. This sanction was due to their filing of a frivolous petition with improper legal citations. Furthermore, they repeatedly failed to appear at scheduled hearings for the case. Neither party responded to the WCAB's notice of intention to issue sanctions. Consequently, the sanctions are ordered for their bad faith actions and tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLab. Code § 5813Frivolous PetitionImproper CitationsFailure to AppearBad Faith ActionsLien ClaimantTustin Hospital and Medical Center
References
0
Case No. MISSING
Regular Panel Decision

Claim of Roa v. American Transit Insurance

The case involves an appeal by American Transit Insurance Company, a no-fault carrier, from a Workers' Compensation Board decision filed April 28, 1982. The Board denied the carrier's application to reopen a case where a claimant's compensation claim was disallowed due to a lack of employer-employee relationship with King Gene Cab Corporation. The no-fault carrier sought to reopen because workers' compensation benefits offset its liability. However, the court affirmed the Board's decision, citing *Matter of Lotito v Salt City Playhouse*, which established that a no-fault insurer is not a party in interest in a compensation case, despite the offset provisions of Insurance Law § 671 (2). The court reiterated that rectifying this "statutory gap" is a legislative matter, not judicial, and found no basis to distinguish the current case from *Lotito*.

No-fault insuranceWorkers' compensationParty in interestInsurance LawStatutory interpretationAppellate reviewDenial of reopeningEmployer-employee relationshipOffset of benefitsJudicial restraint
References
1
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