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

Case No. ADJ7313891
Regular
Nov 02, 2016

WAHEED KESMATYAR vs. SAVEMART SUPERMARKETS/FOODMAXX

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that dismissed his case and denied him benefits. He argued he was denied due process due to his incarceration and lack of notice, and that proper procedure was not followed. The WCAB denied reconsideration, adopting the Workers' Compensation Judge's reasoning that the applicant's petition to set aside the dismissal was untimely and his claim was barred by the statute of limitations. The Appeals Board also noted that while incarceration was raised, other procedural and substantive arguments were not sufficiently demonstrated to warrant overturning the original decision.

Petition for ReconsiderationDenying PetitionsSlip and FallDismissal OrderStatute of LimitationsDenied Due ProcessIncarceratedSet Aside DismissalGood CauseImproper Service
References
Case No. ADJ7462208
Regular
Jun 13, 2013

TARA BUI vs. POWER STAFF, INC. dba SUPERIOR CARE MEDICAL CENTER, SOUTHERN INSURANCE COMPANY, FIRST COMP.

This case involved a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board because it was filed untimely. The Findings and Order were issued on November 19, 2012, and the petition was not filed within the statutory 25-day window, with no allegation of excusable delay due to incarceration. Even if timely, the Board would have denied the petition on its merits, giving deference to the WCJ's credibility findings.

Petition for ReconsiderationTimelinessLabor Code section 5903Code of Civil Procedure section 1013IncarcerationFindings and OrderWCJ ReportMeritsCredibilityGarza v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ7069032
Regular
Jun 21, 2010

George Danielson vs. Defendant

The Workers' Compensation Appeals Board granted reconsideration and rescinded findings on temporary disability due to the WCJ's failure to issue a proper Opinion on Decision and lack of substantial evidence. The Board found that the applicant continued to work with restrictions until incarceration and ordered further proceedings to determine temporary total disability entitlement. The case was returned to the trial level for further development of the record and a new decision.

WCABPetition for ReconsiderationTemporary Total DisabilityMedical ReportingSubstantial EvidenceLabor Code Section 4062.1Opinion on DecisionFindings and AwardNotice of IntentAdmissions
References
Case No. ADJ2769266
Regular
Jul 12, 2013

ROBERT HO vs. JMC MOTORS, SENTRY CLAIMS SERVICE

The Appeals Board rescinded the dismissal of Robert Ho's workers' compensation case, finding his response while incarcerated provided good cause not to dismiss. The dismissal order was based on lack of prosecution, but the Board determined the applicant's communication and subsequent Petition for Reconsideration raised valid issues. Although the applicant's attorney exhibited neglect in responding to dismissal notices, the Board returned the case to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalLack of Prosecution30-day letterPetition to DismissMinutes of HearingNotice of Intention to DismissCumulative PeriodNervous System Injury
References
Case No. ADJ2444888 (POM 0268959)
Regular
Apr 30, 2012

PHILLIP ROBINSON vs. LUKE'S TRANSMISSION, INC., LWP CLAIMS; LWP CLAIMS SOLUTIONS

Applicant sought reconsideration of a WCJ's award for a right hand industrial injury, specifically challenging the denial of temporary disability during incarceration, the occupational group rating, the need for future medical care, and the permanent disability rating. The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration. The WCAB adopted the WCJ's report and recommendation, which found that the applicant had received duplicate benefits and did not require further medical treatment.

Workers' Compensation Appeals BoardFindings and Awardindustrial injurypermanent disabilitydisability indemnitytemporary disability benefitsEmployment Development Departmentoccupational group ratingfuture medical carePetition for Reconsideration
References
Case No. ADJ2886131 (OAK 0331962)
Regular
Nov 09, 2010

JACK LUNDQUIST vs. LES SCHWAB TIRE COMPANY, psi, ESIS

Defendant Les Schwab Tire Company filed an untimely petition for removal challenging a WCJ's order continuing a settlement conference due to applicant's incarceration and leaving discovery open. The Appeals Board dismissed the petition because it was filed one day late, exceeding the 20-day limit for removal petitions. Even if considered on its merits, the Board would have denied it, finding no evidence of judicial bias. Consequently, defendant's petition for removal is dismissed.

Petition for removalUntimely filingWCAB Rule 10843(a)Discovery openBias claimIncarcerationMandatory settlement conferenceRescind orderWCJ report and recommendationService date
References
Case No. ADJ542238 (AHM 0147119)
Regular
May 24, 2010

ISRAEL SANTILLANES vs. PTM, INC., EMPLOYERS COMPENSATION

The defendant sought removal after their petition to dismiss the applicant's workers' compensation claim was denied. The Appeals Board denied the removal, affirming the WCJ's decision based on the defendant's failure to properly notify the applicant of the dismissal petition due to an incorrect address. While the Board disagreed with the WCJ's reasoning regarding case activation, they found the procedural defect in notice was sufficient grounds to deny dismissal. The applicant's potential incarceration also weighs against dismissal for lack of prosecution.

Petition for RemovalWCAB Rule 10582Declaration of ReadinessPetition to DismissApplication for AdjudicationFailure to ProsecuteIndustrial InjuryLower BackAbdominal HerniasPsyche
References
Case No. ADJ9178187
Regular
Mar 22, 2018

VICENTE IVAN GARCIA DIAZ vs. AUBERGE DU SOLEIL, HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's order dismissing the case, and returned the matter for further proceedings. The Board found that the applicant, who claimed incarceration and mental health issues prevented his appearance, was entitled to a hearing to determine if there was good cause to set aside the dismissal. The WCJ incorrectly believed they lacked jurisdiction to revisit the dismissal order. The applicant's due process rights require an opportunity to present evidence and testimony regarding the dismissal.

Petition for ReconsiderationOrder Dismissing CaseFailure to AppearIncarcerationMental HealthDue ProcessFair HearingWCJ DutySet Aside DismissalJurisdiction to Vacate
References
Case No. ADJ2233663
Regular
Feb 15, 2011

MULJI PATEL vs. BOEING NORTH AMERICAN (Formerly ROCKWELL INTERNATIONAL), AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) denied Mulji Patel's petition for removal. The WCAB found that the petition was procedurally deficient as it lacked proof of service and failed to demonstrate substantial prejudice or irreparable harm. Additionally, the WCAB determined that applicant's incarceration prevented him from pursuing reimbursement for self-procured medical treatment, and no order existed compelling defendant to pay the disputed lien. Finally, the disqualification of defendant's counsel was deemed premature and unsupported by applicable law under these circumstances.

Petition for RemovalSelf-Procured Medical TreatmentLien ClaimIncarcerationDisqualification of CounselBurden of ProofMedical Legal CostsReserved JurisdictionPetition for Writ of MandateAdverse Parties
References
Case No. ADJ6718847
Regular
Jan 27, 2010

JUSTIN HALL vs. TIMJEN MILLER PAINTING, NORGUARD INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed 47 days after the January 27, 2010 Order, exceeding the statutory filing deadline. The defendant alleged fraud and misrepresentation regarding the applicant's incarceration status, which they claimed should have voided the parties' stipulation. However, the WCAB found no basis for setting aside the stipulation and noted that the defendant failed to provide supporting evidence for their claims. The defendant was advised they could pursue a petition to set aside the award at the trial level upon remand.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessLabor Code Section 5909Operation of LawDue ProcessActual NoticeStipulationAgreed Medical EvaluatorTemporary Disability Indemnity
References
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