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

Case No. ADJ4369942 (VNO 0550802) ADJ7224090; ADJ6904832
Regular
Oct 11, 2010

JIM WIGHT vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) has denied the applicant's, Jim Wight's, Petition for Reconsideration in this case against the County of Los Angeles and Intercare Insurance Services. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. Therefore, the petition for reconsideration is officially denied.

Workers' Compensation Appeals BoardDenying ReconsiderationAdministrative Law JudgePetition for ReconsiderationCounty of Los AngelesIntercare Insurance ServicesADJ4369942VNO 0550802ADJ7224090ADJ6904832
References
Case No. ADJ784406 (FRE 0235717) ADJ1582511 (FRE 0243418)
Regular
Apr 02, 2013

ALTON TALLEY vs. MARK ONE CORPORATION, NBJ/ELNESS CONVALESCENT HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an arbitration decision regarding medical expense allocation. The decision relied on Dr. Baker's opinion that the December 12, 2006 injury, insured by Intercare, was primarily responsible for treatment expenses between that date and December 10, 2008. The petitioner argued Dr. Baker's report was not substantial evidence and that Dr. Murphy's report should prevail. However, the Board adopted Dr. Baker's report, noting Dr. Murphy's own report largely concurred with its findings for the disputed period.

WORKERS' COMPENSATION APPEALS BOARDALTON TALLEYMARK ONE CORPORATIONNBJ/ELNESS CONVALESCENT HOSPITALINTERCARE INSURANCE SERVICESRICHARD G. BAKERM.D.DR. MURPHYSUBSTANTIAL EVIDENCEMEDICAL OPINION
References
Case No. ADJ4631701
Regular
Oct 19, 2012

ROCIO SALINAS vs. TUTOR & SALIBA, INTERCARE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's previous decision in the case of Salinas v. Tutor & Saliba. The Board adopted the WCJ's report and returned the matter to the trial level for further proceedings and a new decision. This order is not a final decision on the merits, and parties retain the right to seek reconsideration of the future WCJ decision.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsWCJ DecisionTutor & SalibaIntercareADJ4631701OAK District OfficeOpinion and Order
References
Case No. ADJ8199713
Regular
Nov 01, 2013

RAFAEL BACA vs. GARCIA JUAREZ CONSTRUCTION, INTERCARE

This case involves an order from the Workers' Compensation Appeals Board dismissing Rafael Baca's Petition for Reconsideration. The Board adopted the administrative law judge's report and recommendation, finding the petition was untimely filed. Therefore, the Board dismissed the petition.

Petition for ReconsiderationuntimelydismissedWorkers' Compensation Appeals Boardadministrative law judgeReport and RecommendationADJ8199713Garcia Juarez ConstructionIntercareRafael Baca
References
Case No. ADJ5762345
Regular
Jan 29, 2013

GONZALO SALGADO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT, INTERCARE

This case involves a petition for reconsideration by the County of Los Angeles Fire Department following a sanction order for failure to appear at a lien conference. The Department argued their objection was not considered, but the Board found the objection lacked good cause as the Department failed to ensure representation and their arguments misplaced blame. The Board denied reconsideration, affirming the sanction order. The lien claimant's attorney also received an admonishment for attaching an already-submitted document.

WCABPetition for ReconsiderationSanctionsCostsFailure to AppearLien ClaimantIntercareLos Angeles County Fire DepartmentAdministrative Law JudgeDeclaration of Readiness
References
Case No. ADJ10978333
Regular
Dec 02, 2018

HERIBERTO SILVA vs. SOUTH COUNTY PACKING DBA RAVA RANCHES, INTERCARE

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration because it was filed from a non-final order. The WCJ's order denying dismissal for lack of prosecution did not determine any substantive rights or liabilities, nor did it resolve a threshold issue. Therefore, the petition was not properly before the WCAB. Even if treated as a removal request, substantial prejudice was not demonstrated.

Workers Compensation Appeals BoardPetition for ReconsiderationDismissal for Lack of ProsecutionFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory Procedural DecisionsRemovalSubstantial Prejudice
References
Case No. ADJ3512719 (VNO 0375380) ADJ2236766 (VNO 0422641)
Regular
Dec 21, 2012

VERNON KASTNER vs. MCMAHAN'S FURNITURE, HIH INSURANCE, In Liquidation, CIGA Adjusted By INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed its prior decision, with amendments. The Board clarified the reasonable value of applicant's attorney's services at $17,300.00, payable from the permanent disability award. The award includes $117,360.00 for 81% permanent disability, less advances and attorney fees, followed by a weekly life pension.

WCABReconsiderationPermanent DisabilityApportionmentAttorney's FeesLife PensionCIGAHIH InsuranceIntercareIndemnity
References
Case No. ADJ2886265 (SRO 0100345) ADJ578550 (SRO 0141469)
Regular
Jun 24, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, adjusted by Intercare for Paula Insurance, now in liquidation

This case involves applicant Jose Alberto Martinez's petitions for reconsideration of prior WCAB decisions concerning industrial injuries to his back sustained in 1997 and cumulatively through 2002, against Amy's Kitchen and various insurers. The Appeals Board granted reconsideration to clarify apportionment of permanent disability, finding 56% permanent disability for the 1997 injury attributable to CIGA and 5% for the cumulative trauma injury against Majestic Insurance. The Board also corrected a clerical error regarding the duration of temporary disability indemnity.

CIGAPaula InsuranceIntercareliquidationproduction line workerindustrial injuryback injurynew and further disabilitypermanent disabilityapportionment
References
Case No. ADJ8030860, ADJ8179533, ADJ8179544
Regular
Aug 02, 2017

MOEGAGOGO TAMASESE vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUVENILE PROBATION DEPARTMENT, INTERCARE

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration. The denial was based on the WCAB adopting the reasoning of the workers' compensation administrative law judge (WCJ). Specifically, the Defendant violated WCAB Rule 10842(c) by attaching an Exhibit List to their petition, which contained documents already in evidence. The Board also noted this likely was an attempt to circumvent page limits and admonished the Defendant for non-compliance.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(c)Exhibit Listpage limitsLabor Code § 5813Cal. Code Regs.tit. 8§ 10561
References
Case No. ADJ12229389
Regular
Sep 19, 2022

YOLANDA MEDINA vs. ZUCKERMAN FAMILY FARMS CORP., CALIFORNIA AGRICULTURAL NETWORK SELF-INSURED GROUP, INTERCARE

The Workers' Compensation Appeals Board has vacated its prior order granting reconsideration. This action was taken because the defendant, Zuckerman Family Farms Corp., withdrew its Petition for Removal/Reconsideration. Consequently, the Board dismissed the defendant's petition without addressing its merits. This decision finalizes the Findings of Fact, Orders, and Opinion on Decision issued on December 17, 2021.

WCABReconsiderationRemovalPetitionVacatedDismissedFindings of FactOpinion on DecisionApplicantDefendant
References
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