Updated Daily

Case Law Database

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

Case No. ADJ4642991 (VNO 0556266)

Regular

Sep 09, 2011

## RICHARD ANTONETTE, vs. VOLT INFORMATION SCIENCES; MAJESTIC INSURANCE COMPANY, Administered by GALLAGHER BASSETT CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a proposed $\$4,600$ compromise and release agreement. The agreement attempts to settle applicant Richard Antonette's claim, waiving future medical treatment and noting a substantial temporary disability overpayment, but the WCAB lacks sufficient information for approval. Citing *Tensfeldt v. WCAB*, the WCAB emphasizes that a fraud conviction does not automatically bar all future benefits, requiring an individualized assessment of the facts. Therefore, the case is returned to the trial level to determine the adequacy of the settlement and any necessary further proceedings.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWorkers' Compensation FraudInsurance Code Section 1871.4(a)(1)Labor Code Section 3207Tensfeldt v. Workers' Comp. Appeals Bd.Case-by-case determinationIndustrial injuryMedical evidence

References

Case No. ADJ4571225 (RDG 0049527)

Regular

Oct 20, 2016

KENNETH TORRES vs. DIVE INFORMATION SYSTEMS, LIBERTY MUTUAL

The applicant sought reimbursement for increased utility costs associated with an electric spa tub used for an industrial injury. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision, finding the applicant failed to meet his burden of proof regarding the necessity and quantification of these costs. The Board adopted the judge's reasoning, concluding no further development of the record was warranted. Therefore, the original award denying reimbursement for increased utility bills was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and Orderutility billselectric spa tubindustrial injurylow backpsycheenergy costsfurther development of the record

References

Case No. ADJ3494615 (MON 0352506) ADJ2492403 (MON 0352508)

Regular

Dec 28, 2009

MARCELA LIZARDO vs. VOLT INFORMATION SCIENCES, AMERICAN HOME ASSURANCE

The WCJ's Order seeking a supplemental medical report is not a final order subject to reconsideration. The petition for removal is denied due to lack of showing substantial prejudice or irreparable injury.

Lien claimantPetition for ReconsiderationPetition for RemovalOff CalendarSupplemental ReportPanel QMEReasonableness and NecessityFinal OrderSubstantive RightsIrreparable Harm

References

Case No. ADJ7222908

Regular

Jan 15, 2014

FIDELINO DEL CID vs. VOLT INFORMATION SCIENCES, GALLAGHER BASSETT

Lien claimants sought reconsideration of a WCJ order dismissing their liens for failing to pay the Labor Code section 4903.06 activation fee. A federal court injunction had previously stayed enforcement of this fee provision. Consequently, the Appeals Board granted reconsideration, rescinded the dismissal orders, and returned the case for further proceedings. The lien claimants' liens are reinstated pending further action.

Lien activation feeLabor Code section 4903.06Angelotti Chiropractic v. Bakerpreliminary injunctionWorkers' Compensation Appeals BoardPetition for ReconsiderationWCJrescind orderslien claimantsfederal district court

References

Case No. ADJ8822755

Regular

Apr 17, 2018

LAURA TARAZON vs. VOLT INFORMATION SCIENCES, NATIONAL UNION FIRE INSURANCE

This case involves a dispute over a lien claim by Psychological Assessment Services (PAS) for evaluations and reporting related to applicant Laura Tarazon's psyche injury claim. The Workers' Compensation Appeals Board (WCAB) affirmed the finding that Dr. Phillips, an MPN physician, is entitled to payment for treatment. However, the WCAB amended the order to defer the issue of PAS's lien, returning it to the trial level for further proceedings. This is because the WCJ's basis for disallowing the lien, that the services were a medical-legal evaluation, was not properly raised at trial and a PTP can be compensated for such evaluations.

Workers' Compensation Appeals BoardReconsiderationAmended Findings and OrderMedical Provider NetworkMPNPrimary Treating PhysicianNon-MPN PrimaryLien ClaimantMedical-Legal EvaluationLabor Code

References

Case No. ADJ249271 (VNO 0541680) ADJ2342595 (VNO 0541714)

Regular

Jul 01, 2011

MARIA GUTIERREZ vs. VOLT INFORMATION SCIENCES, AMERICAN HOME ASSURANCE, GALLAGHER BASSETT

This case involves a defendant's second petition for reconsideration filed after their initial petition was denied by the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the second petition as successive and procedurally improper. Under established law, a party cannot file a new petition for reconsideration to challenge a prior WCAB decision that has already been addressed. The defendant's only recourse after a denied petition is to seek a writ of review.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalSuccessive PetitionWorkers' Compensation JudgeWrit of ReviewCrowe Glass CompanyNavarro v. A&A FarmingWCAB en bancAdministrative Law Judge

References

Case No. ADJ9959233

Regular

Aug 28, 2017

ELSA RODAS vs. VOLT INFORMATION SCIENCES, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Tri-City Health Group's petition for reconsideration, rescinding an order that dismissed their lien. The lien was dismissed for failure to appear at a hearing, but the Board found that Tri-City was not properly served with notice of that hearing. Therefore, the case is returned to the trial level for further proceedings. This decision emphasizes the due process right of lien claimants to be afforded an opportunity to prove their entitlement to reimbursement.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienWCJService of NoticeDue ProcessFair HearingWCAB Rule 10544Rucker v. Workers' Comp. Appeals Bd.Carstens v. Pillsbury

References

Case No. ADJ210156

Regular

CIRILO PEREZ, CIRILO PEREZ-GARCIA vs. VOLT INFORMATION SCIENCES, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed from an interlocutory order, not a final decision that determined substantive rights or liabilities. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The decision adopted and incorporated by reference the Workers' Compensation Judge's Report and Recommendation. Therefore, the petition was dismissed and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory DecisionProcedural DecisionEvidentiary DecisionPetition for RemovalSubstantial PrejudiceIrreparable Harm

References

Case No. ADJ4642991

Regular

Mar 09, 2011

RICHARD ANTONETTE vs. VOLT INFORMATION SCIENCES, MAJESTIC INSURANCE COMPANY, GALLAGHER BASSETT CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal, finding it an extraordinary remedy not warranted here. The defendant sought removal to challenge a prior award of spinal disk replacement surgery, alleging fraud and misrepresentation. The WCAB treated the defendant's petition as one for reconsideration and granted it. This allows the WCAB to further review the case's factual and legal issues before issuing a final decision.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationFindings of Fact and Awardspinal disk replacement surgeryfraudmisrepresentationadministrative law judgeextraordinary remedysubstantial prejudice

References

Case No. SJO 0231653

Regular

Sep 17, 2007

GLENDA WHITESIDE vs. INFORMATION REFERRAL SERVICES, ZENITH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, HIH INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinding the prior award. The Board found that the Qualified Medical Evaluator's opinion, relied upon by the Workers' Compensation Judge, did not constitute substantial medical evidence regarding permanent disability and apportionment. Consequently, the case is remanded to the trial level for further medical record development and proceedings.

Workers' Compensation Appeals BoardCIGAHIH InsuranceZenith InsurancePetition for ReconsiderationDate of InjuryModified WorkQualified Medical EvaluatorDr. HolmesPermanent Disability

References

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Updated Daily

Case Law Database

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

Case No. ADJ4642991 (VNO 0556266)

Regular

Sep 09, 2011

## RICHARD ANTONETTE, vs. VOLT INFORMATION SCIENCES; MAJESTIC INSURANCE COMPANY, Administered by GALLAGHER BASSETT CLAIMS SERVICES

References

Case No. ADJ4571225 (RDG 0049527)

Regular

Oct 20, 2016

KENNETH TORRES vs. DIVE INFORMATION SYSTEMS, LIBERTY MUTUAL

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and Orderutility billselectric spa tubindustrial injurylow backpsycheenergy costsfurther development of the record

References

Case No. ADJ3494615 (MON 0352506) ADJ2492403 (MON 0352508)

Regular

Dec 28, 2009

MARCELA LIZARDO vs. VOLT INFORMATION SCIENCES, AMERICAN HOME ASSURANCE

Lien claimantPetition for ReconsiderationPetition for RemovalOff CalendarSupplemental ReportPanel QMEReasonableness and NecessityFinal OrderSubstantive RightsIrreparable Harm

References

Case No. ADJ7222908

Regular

Jan 15, 2014

FIDELINO DEL CID vs. VOLT INFORMATION SCIENCES, GALLAGHER BASSETT

References

Case No. ADJ8822755

Regular

Apr 17, 2018

LAURA TARAZON vs. VOLT INFORMATION SCIENCES, NATIONAL UNION FIRE INSURANCE

Workers' Compensation Appeals BoardReconsiderationAmended Findings and OrderMedical Provider NetworkMPNPrimary Treating PhysicianNon-MPN PrimaryLien ClaimantMedical-Legal EvaluationLabor Code

References

Case No. ADJ249271 (VNO 0541680) ADJ2342595 (VNO 0541714)

Regular

Jul 01, 2011

MARIA GUTIERREZ vs. VOLT INFORMATION SCIENCES, AMERICAN HOME ASSURANCE, GALLAGHER BASSETT

References

Case No. ADJ9959233

Regular

Aug 28, 2017

ELSA RODAS vs. VOLT INFORMATION SCIENCES, NATIONAL UNION FIRE INSURANCE COMPANY

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienWCJService of NoticeDue ProcessFair HearingWCAB Rule 10544Rucker v. Workers' Comp. Appeals Bd.Carstens v. Pillsbury

References

Case No. ADJ210156

Regular

CIRILO PEREZ, CIRILO PEREZ-GARCIA vs. VOLT INFORMATION SCIENCES, SPECIALTY RISK SERVICES

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory DecisionProcedural DecisionEvidentiary DecisionPetition for RemovalSubstantial PrejudiceIrreparable Harm

References

Case No. ADJ4642991

Regular

Mar 09, 2011

RICHARD ANTONETTE vs. VOLT INFORMATION SCIENCES, MAJESTIC INSURANCE COMPANY, GALLAGHER BASSETT CLAIMS SERVICES

References

Case No. SJO 0231653

Regular

Sep 17, 2007

GLENDA WHITESIDE vs. INFORMATION REFERRAL SERVICES, ZENITH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, HIH INSURANCE

Workers' Compensation Appeals BoardCIGAHIH InsuranceZenith InsurancePetition for ReconsiderationDate of InjuryModified WorkQualified Medical EvaluatorDr. HolmesPermanent Disability

References

Showing 1-10 of 274 results

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