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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
Case No. ADJ4203019 (STK 0122552)
Regular
Nov 01, 2012

TEENA WIGGINS vs. TREAT'S GENERAL STORE, GROCERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Teena Wiggins' Petition for Reconsideration in case ADJ4203019. The dismissal was based on the petition not being timely filed, as per the WCJ's report which the WCAB adopted. Had the petition been timely, it would have been denied on the merits. The WCAB also advised Ms. Wiggins to contact the Information and Assistance Office for guidance on her options.

Petition for ReconsiderationTimely-filedReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissing PetitionDeny on the meritsInformation and Assistance OfficeStockton District OfficeApplicant
References
Case No. ADJ9316587
Regular
May 13, 2014

TORI BLEVINS vs. ELIZABETH J. TILLEY, STATE FARM INSURANCE COMPANY

This case concerns applicant Tori Blevins' petition to change venue from the San Luis Obispo District Office to the Santa Barbara satellite office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the administrative law judge's decision. The WCAB concluded that only "district offices," not "satellite offices," are considered for venue determination under Labor Code section 5501.5. This distinction is based on the full staffing, extensive facilities, and daily operations of district offices, contrasting with the limited resources of satellite offices. The WCAB found no basis to overturn the administrative construction that Santa Barbara's office is a satellite, not a district, office.

Petition for RemovalVenueDistrict OfficeSatellite OfficeWorkers' Compensation Appeals BoardLabor Code Section 5501.5Department of Workers' CompensationAdministrative ConstructionContemporaneous Administrative ConstructionDWC Newsline
References
Case No. ADJ9316586
Regular
Apr 25, 2014

JANET BLACKBURN, JANET LEE BLACKBURN vs. FRENCH HOSPITAL, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied removal in *Blackburn v. French Hospital*, upholding the Administrative Law Judge's (ALJ) decision to deny a change of venue. The WCAB deferred to the Division of Workers' Compensation's (DWC) distinction between "district offices" and "satellite offices" for venue purposes. This distinction is based on the operational capacity and staffing of these offices, with only district offices being considered for venue under Labor Code section 5501.5. The WCAB found the Santa Barbara office to be a satellite facility, not a district office, and therefore not a basis for changing venue.

Petition for RemovalVenueDistrict OfficeSatellite OfficeLabor Code Section 5501.5Administrative ConstructionContemporaneous ConstructionDeferenceStatutory InterpretationWorkers' Compensation Appeals Board
References
Case No. ADJ2224397 (ANA 0397221)
Regular
Feb 16, 2016

MARK PAYNE vs. MBC CONSTRUCTION, REDWOOD FIRE \& CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. This was due to procedural errors, including the WCJ's failure to properly memorialize admitted evidence and stipulations. The applicant, unrepresented, was also denied the opportunity to present witnesses. The case is remanded for further proceedings, including a mandatory settlement conference and trial, to ensure a proper hearing record and decision. The Board emphasized adherence to procedures even for unrepresented claimants and encouraged seeking assistance from the Information and Assistance officer.

Petition for ReconsiderationFindings and AwardAgreed Medical EvaluatorPermanent DisabilityMinutes of HearingSummary of EvidenceSubstantial EvidenceMandatory Settlement ConferenceTrialWitness Testimony
References
Case No. ADJ9316584
Regular
May 12, 2014

FRANCISCO BAEZ vs. JOHN CRAVENS PLASTERING, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal, upholding the administrative law judge's decision. The WCAB clarified that "satellite offices," like the one in Santa Barbara, do not qualify as "district offices" for venue purposes under Labor Code Section 5501.5. This distinction is based on the greater resources and staffing available at full-fledged district offices, supported by administrative interpretation and practical necessity. The WCAB affirmed its authority to calendar hearings at various locations based on available resources, regardless of the applicant's preferred venue.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeSatellite OfficeVenueLabor CodeAdministrative ConstructionContemporaneous Administrative ConstructionJudicial Resources
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
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