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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1381528 (AHM 0096423) ADJ2773126 (AHM 0095324)
Regular
Aug 06, 2010

EVA GARDEA vs. SILVERADO SENIOR LIVING, INC., AMERICAN HOME ASSURANCE COMPANY

This is an order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration filed by Eva Gardea. The WCAB adopted and incorporated the findings of the workers' compensation administrative law judge (WCALJ) in reaching its decision. The specific grounds for the initial denial and the reconsideration request are not detailed in this order.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationApplicantDefendantPetition for ReconsiderationWCJ reportincorporated by referenceservice by mail
References
Case No. ADJ7603192
Regular
Dec 11, 2013

DEBERA SINEATH vs. WELLS FARGO BANK, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board denied Debera Sineath's petition for reconsideration of a prior decision. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. No specific details regarding the underlying case or the reasons for the denial are provided in this order. Therefore, the applicant's request for further review of the administrative law judge's decision was unsuccessful.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardAdministrative Law JudgePermissibly Self-InsuredSpecialty Risk ServicesRecord ReviewReport AdoptedIncorporated by ReferenceDenial Order
References
Case No. ADJ3274679
Regular
Jun 26, 2012

PATCHES CONWAY vs. ARCHITECTURAL ART MANUFACTURER, CHARTIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the defendant voluntarily withdrew it. The defendant had initially sought to set aside an Order Approving Compromise and Release, alleging an inadvertent clerical error by the applicant. However, the issue was resolved when the applicant corrected the error and the Appeals Board incorporated the amendments. Therefore, no further action was required on the reconsideration petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderInadvertent ErrorClerical ErrorIncorporate by ReferenceDismissed PetitionStatus Conference
References
Case No. ADJ16524334
Regular
Apr 10, 2023

TIMOTEO SORIANO vs. MAYROCK INCORPORATED, FALLS LAKE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration in *Soriano v. Mayrock Incorporated* to address a newly reached settlement. The Board rescinded the prior trial level decision and remanded the case for the administrative law judge to consider the settlement. If the settlement is not approved, the original decision may be reinstated, allowing for further reconsideration. This order is not a final determination on the merits of the case.

Petition for ReconsiderationGranting ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Administrative Law JudgeWCJDecision After ReconsiderationFurther ProceedingsOriginal Decision
References
Case No. ADJ8223018
Regular
Sep 30, 2014

GERARDO VARGAS vs. ACCOUNTABILITY INCORPORATED, administered by LUMBERMEN'S UNDERWRITING ALLIANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by Accountability Incorporated. The dismissal was primarily due to a lack of proper verification on the petition. Even if it had been verified, the WCAB indicated it would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the petition for removal was officially dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportLack of VerificationDismissalCal Code Regs tit 8 § 10843(b)Deny on the MeritsAdministrative Law JudgeAccountability IncorporatedLumbermen's Underwriting Alliance
References
Case No. ADJ8743108
Regular
Dec 21, 2015

HELIBERTO AISPURO vs. SHAKEYS USA, INCORPORATED, THE HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Heliberto Aispuro's Petition for Reconsideration due to a failure to comply with WCAB Rule 10842(b) and relevant case law requiring specific citations to the record. The petitioner did not make a reasonable effort to reference evidence supporting their claims. The WCAB adopted the WCJ's report as the basis for dismissal, which would have been granted on the merits even without the procedural deficiency. Additionally, the applicant failed to properly serve all adverse parties.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesAppellate ProceedingsLabor Code Section 5905Adverse PartiesDismissalAdministrative Law JudgeEvidentiary Statements
References
Case No. ADJ7631357
Regular
May 07, 2014

GUILLERMO MADRIGAL OCHOA vs. EXECUTIVE OFFICE CONCEPTS, INSURANCE COMPANY OF THE WEST, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board dismissed applicant Guillermo Madrigal Ochoa's Petition for Reconsideration as untimely. Even if timely, the Board would have denied the petition on the merits. The dismissal is based on the administrative law judge's report, which the Board adopted and incorporated by reference. The order was filed and served on May 7, 2014.

Petition for ReconsiderationDismissalUntimelyWCJ ReportAdopt and IncorporateDenied on MeritsWorkers' Compensation Appeals BoardAdministrative Law JudgeExecutive Office ConceptsInsurance Company of the West
References
Case No. ADJ9 416837
Regular
May 02, 2016

SHANNON NICK vs. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves applicant Shannon Nick versus the State of California Department of Motor Vehicles and State Compensation Insurance Fund. The Board has issued an order denying the applicant's Petition for Reconsideration. The denial is based on the WCJ's report, which the Board has adopted and incorporated by reference. Therefore, the petition for reconsideration has been formally denied.

Petition for ReconsiderationWCJ ReportWorkers' Compensation Appeals BoardDeniedADJ9416837Sacramento District OfficeAdministrative Law JudgeAdopt and IncorporateService MadeOfficial Address Record
References
Case No. ADJ9214898
Regular
Dec 22, 2016

WALTER HERSOM vs. ALLIED BUILDING PRODUCTS CORPORATION/OLDCASTLE, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Walter Hersom's Petition for Reconsideration. The Board found the petition to be "skeletal" and lacking specific references to the record and legal principles, as required by Labor Code section 5902 and Board Rules. Consequently, the petition failed to meet the standards for a valid reconsideration request. The Board incorporated the reasoning of the workers' compensation judge in its decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852skeletal petitionmaterial evidencespecific references
References
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