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

Case No. ADJ10614811
Regular
Aug 19, 2019

JESUS ZUNIGA, vs. GAMA CONTRACTING SERVICE; BERKLEY SPECIALTY,

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of a lien claim. The lien claimant's representative failed to appear at a hearing, leading to the initial dismissal. While the lien claimant submitted declarations with incorrect hearing dates, the Board found that the dismissal should be reconsidered. The matter is returned to the trial level for a hearing on whether the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.

Tri County Medical Grouplien claimantPetition for ReconsiderationOrder Dismissing Lieninadvertent mistakeDeclaration of Ana MartinezReport and Recommendationsupplemental pleadinglien conferenceNotice of Intent to Dismiss
References
Case No. ADJ10020893
Regular
Aug 21, 2017

TZITZIRI BOLANOS ZACARIAS vs. MARZ FARMS, ZENITH INSURANCE COMPANY

This case involves Zenith Insurance Company's petition for reconsideration of a $250 sanction order. The sanction was imposed because Zenith and its attorneys failed to appear at a status conference due to an alleged calendaring error. Zenith argued this was an inadvertent mistake, not bad faith, and requested relief under WCAB Rule 10561. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found no reasonable excuse for the failure to appear. One commissioner dissented, believing the sanctions were unjust given the isolated, inadvertent nature of the calendaring error and Zenith's prompt resolution of the underlying issue.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsStatus ConferenceNotice of Intention to SanctionReasonable ExcuseCalendaring ErrorWCAB Rule 10561Labor Code section 5813Bad Faith
References
Case No. LAO 0813916 LAO 0813917
Regular
Aug 20, 2007

SANDRA MCGHEE vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY, THE TRAVELERS et al.

The applicant's claims for workers' compensation benefits were dismissed for lack of prosecution due to counsel's failure to file medical reports and respond appropriately. The Appeals Board granted reconsideration, rescinding the dismissal order to allow a hearing on whether good cause exists to dismiss the claims. This decision prioritizes hearing cases on their merits over penalizing an applicant for attorney inadvertence, particularly given the harshness of dismissal.

ReconsiderationJoint Order of DismissalLack of ProsecutionExcusable NeglectInadvertencePetition for ReconsiderationReport and RecommendationRescindReturn to Trial LevelGood Cause
References
Case No. OAK 0280463
Regular
Dec 12, 2007

MICHAEL ELDERKIN vs. RCC CONSTRUCTORS AND CIGA BY BROADSPIRE SERVICES FOR LEGION INSURANCE COMPANY, IN LIQUIDATION

This case concerns a worker's compensation applicant seeking reconsideration of an award that set his average weekly wage below the maximum rate. The Appeals Board granted reconsideration, finding that the defendant failed to demonstrate good cause to withdraw from a prior stipulation between the parties establishing the applicant's earnings at the maximum rate. The Board emphasized that stipulations should be upheld unless there is clear evidence of mistake or inadvertence, not simply an unfavorable outcome for a party.

Workers' Compensation Appeals BoardMichael ElderkinRCC ConstructorsCIGABroadspire ServicesLegion Insurance CompanyIron FabricatorIndustrial InjuryBack InjuryHip Injury
References
Case No. MON 219914
Regular
Mar 26, 2008

KATHLEEN WEBB vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

This case involved a $\$50$ sanction imposed on applicant's attorney for repeatedly failing to punch holes in documents submitted to the Workers' Compensation Appeals Board, a violation of Rule 10392. The Appeals Board denied reconsideration, finding the attorney's claim of inadvertence unconvincing given repeated warnings and the resulting delays. The Board emphasized that non-compliance with filing rules can indeed lead to sanctions under Labor Code § 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsRule 10392Labor Code § 5813Administrative Law JudgeHole-punched documentsInadvertenceDelayJudicial authority
References
Case No. ADJ414920
Regular
Jul 23, 2014

LUIS VALENCIA vs. AMERICAN PRINTWORKS, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant's petition for reconsideration of an order dismissing their lien claim. The claimant failed to appear at a scheduled lien conference and did not respond to a subsequent Notice of Intention to Dismiss. The Workers' Compensation Appeals Board denied the petition, finding the claimant had multiple opportunities to be heard and address their alleged inadvertence. Relief was denied as the dismissal was not a default judgment, and the claimant forfeited their right to relief under Code of Civ. Proc. § 473.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantOrder DismissingCode of Civ. Proc. § 473Notice of Intention to DismissDefault JudgmentWCJ ReportDeclaration of Readiness to ProceedLien Conference
References
Case No. ADJ1454740 (SRO 0135848)
Regular
Mar 09, 2009

ROSA HUEY DE VARGAS vs. PETALUMA POULTRY PROCESSORS, ZURICH AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an award of penalties for late payment of workers' compensation benefits and attorney fees. The defendant argued the penalties were improperly calculated, excessive for a brief, inadvertent delay, and duplicated another penalty. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter for further proceedings. The Board agreed that a section 4650 penalty should be ordered and that late EDD reimbursements should not be included in penalty calculations.

Labor Code section 5814(a)Joint Findings Award and Orderpenaltylate paymentpermanent disability indemnityattorney's feesLabor Code section 4650(a)unreasonable delayinadvertenceinterest paid
References
Case No. ADJ2709315 (AHM 0139228)
Regular
Dec 01, 2015

EDGAR OSORIO SALGUERO vs. GATEWAY PLASTERING, INC., AIG CLAIMS

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference. The lien claimant argued they did not receive notice, but the Board found sufficient evidence of mailing and rejected their reliance on Code of Civil Procedure section 473 for relief. A dissenting opinion argued the lien claimant's detailed declaration rebutted the mailing presumption and warranted relief for probable postal inadvertence.

WCABPetition for ReconsiderationLien ConferenceDismissal of LienNon-AppearanceTitle 8 CCR Section 10562Notice of Intention to DismissGood CauseCompromise and ReleaseCode of Civil Procedure Section 473
References
Case No. ADJ8 453844
Regular
Jun 15, 2016

ISOBETH CABRERA vs. LABOR READY, ESIS

This case involves a lien claimant seeking reconsideration of a dismissed lien. The lien was dismissed because the claimant failed to appear at a lien conference and subsequently file a properly verified objection detailing the excusable neglect. While the Board granted reconsideration, it intends to affirm the dismissal unless the claimant provides a sworn affidavit from a person with personal knowledge explaining the circumstances of the failure to appear. This affidavit must sufficiently detail the mistake, inadvertence, surprise, or excusable neglect.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss Lienverified objectionCode of Civil Procedure section 473Fox v. Workers' Comp. Appeals Bd.Beverly Hills Multispecialty Group Inc. v. Workers' Comp. Appeals Bd.failure to appear
References
Case No. ADJ4232391 (RIV 0067050)
Regular
Oct 20, 2008

HECTOR CAMBRONERO-GRIJALVA vs. THE CHEESECAKE FACTORY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an award finding an industrial injury to the applicant's left shoulder and upper back. The defendant sought to overturn the award, arguing the stipulated average weekly wage was inaccurate due to defense counsel's inadvertence and that the award's calculation for temporary disability was ambiguous. The Board upheld the stipulation, emphasizing that parties are generally held to their agreements absent specific grounds for relief and that the defendant had ample opportunity to correct errors before trial.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardStipulationAverage Weekly WageIndustrial InjuryLeft ShoulderUpper BackPermanent DisabilityTemporary Disability
References
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