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

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 The Board rescinded the prior trial level decision and remanded the case for the administrative law judge to consider the settlement.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. ADJ2211743 (SBR 0330510)
Regular
Jul 19, 2011

LAURA GIBSON vs. FOREST HOME, INCORPORATED, CHURCH MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a lien claimant's petition regarding reimbursement for medical treatment. Although the petition was not acted upon within the statutory 60-day period, the Board considered it on its merits due to circumstances beyond the claimant's control. The WCJ's report, which was adopted by the Board, found that the lien claimant failed to meet the burden of proof for treatment beyond a single epidural injection. The Board determined that only charges attributable to a single epidural procedure were reasonable and necessary, excluding other procedures like facet blocks and manipulation under anesthesia.

WORKERS' COMPENSATION APPEALS BOARDLAURA GIBSONFOREST HOMEINCORPORATEDCHURCH MUTUAL INSURANCEORDER DENYING RECONSIDERATIONPetition for Reconsiderationlien claimantdue processWCJ report
References
Case No. ADJ10590233
Regular
Apr 29, 2019

MARTIN VASQUEZ vs. CR LAURENCE COMPANY, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Liberty Mutual's petition for reconsideration, upholding the administrative law judge's award to applicant Martin Vasquez. Defendant argued the judge improperly admitted medical reports not disclosed at the mandatory settlement conference. However, the Board found that a properly disclosed supplemental report effectively incorporated the unlisted permanent and stationary report, negating surprise or prejudice. Therefore, the Board concluded that admitting the incorporated report was consistent with substantial justice.

Petition for ReconsiderationWCJ Findings of FactAward and OrdersIndustrial InjuryLeft Knee InjuryTemporary DisabilityPermanent DisabilityPrimary Treating PhysicianMedical OpinionMandatory Settlement Conference
References
Case No. ADJ8062169
Regular
Aug 23, 2013

OFELINA ARROYO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied Ofelina Arroyo's petition for reconsideration in case ADJ8062169. The Board adopted and incorporated the findings of the workers' compensation administrative law judge. Therefore, the applicant's request for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportDeny reconsiderationAdministrative law judgeSelf-insuredLos Angeles District OfficePermitCase numberApplicant
References
Case No. ADJ8541832
Regular
Oct 20, 2016

JOE JOHN VENTURA vs. THE HOME DEPOT, INC.

The Workers' Compensation Appeals Board denied Joe John Ventura's petition for reconsideration in this case against The Home Depot, Inc. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the petition was denied, and the previous decision stands.

Ventura v. Home DepotHelmsman Management ServicesPetition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ ReportAdoptedIncorporatedADJ8541832Stockton District Office
References
Case No. ADJ10454611
Regular
Jun 14, 2018

MARK ELLIOTT vs. CUSTOM WOOD FINISHING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Mark Elliott's Petition for Reconsideration in case ADJ10454611. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in its decision. No specific details of the original claim or the WCJ's report are provided in this excerpt. Therefore, the basis for the denial remains unspecified.

WCABPetition for ReconsiderationDeniedWorkers' Compensation Administrative Law JudgeWCJ reportAdoptedIncorporatedMark ElliottCustom Wood FinishingState Compensation Insurance Fund
References
Case No. ADJ1295034 (VNO 0535536) ADJ181910 (VNO 0535585)
Regular

LINDA FREEMAN vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Linda Freeman's petition for reconsideration. Freeman sought reimbursement for costs under Labor Code section 5811, but the Board found she failed to meet her burden of proof. The Administrative Law Judge's report, incorporated by the Board, noted that crucial documents supporting Freeman's claim were not admitted into evidence. Therefore, based on the lack of substantial evidence and failure to meet the evidentiary burden, reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedBurden of ProofAffirmative of the IssuePreponderance of the EvidenceSubstantial EvidenceLabor Code Section 5705Labor Code Section 3202.5Labor Code Section 5952(d)
References
Case No. SJO 254457
Regular
May 01, 2007

SHALON THAMES vs. QUALEX INCORPORATED, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous award, and returned the case for further proceedings because the medical evidence regarding permanent disability and apportionment was critically flawed and lacked substantial evidence. The WCAB found that neither the applicant's treating physician nor the defendant's QME adequately addressed causation and apportionment under current legal principles. The Board ordered further development of the medical record, prioritizing supplemental opinions from existing physicians before considering other options.

WCABShalon ThamesQualex IncorporatedOld Republic Insurance CompanyCrawford & CompanySJO 254457Opinion and Order Granting ReconsiderationDecision After ReconsiderationLabor Code Section 4660(d)1997 Schedule
References
Case No. ADJ6673117
Regular
Oct 04, 2011

ENRIQUETA SANCHEZ vs. CARSIM INCORPORATED, DBA MARY MAIDS, ZÜRICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Enriqueta Sanchez's petition for reconsideration. The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the WCJ's decision on June 3, 2011. California law mandates that petitions for reconsideration must be filed within 20 days of the decision, with a potential 5-day extension for mailing. The WCAB emphasized that the deadline for filing such petitions is jurisdictional.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionService of OrderCode of Civil Procedure 1013WCAB Rule 10507Actual Receipt
References
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