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

Case No. MISSING
Regular Panel Decision

Sedona Pacific Housing Partnership D/B/A Sedona Pacific Properties and Gonzalez Financial Holdings, Inc. v. Alfonso Ventura and Maria Ventura

Alfonso and Maria Ventura filed a wrongful foreclosure suit against Sedona Pacific Housing Partnership d/b/a Sedona Pacific Properties and Gonzalez Financial Holdings, Inc. after their homestead was sold due to an unpaid tax lien note. The Venturas alleged the appellants failed to properly account for surplus funds and raised additional claims of fraud, usury, and failure to account. Appellants, despite being served and making a general appearance through a Rule 11 agreement, failed to file an answer and did not appear for trial, leading to a post-appearance default judgment against them for $66,958 plus attorney's fees. Appellants' motion for a new trial was denied by the trial court. The appellate court affirmed the trial court's decision, finding that Appellants failed to prove their absence was not due to conscious indifference and that the record supported the damages award.

Wrongful ForeclosureDefault JudgmentPost-Appearance DefaultMotion for New TrialConscious IndifferenceMeritorious DefenseRule 11 AgreementDue ProcessAppellate ProcedureDamages
References
24
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
14
Case No. Docket No. 2015-07-0194; State File No. 64310-2015
Regular Panel Decision
Jun 26, 2018

Ventura, Valdez v. Ccon Metals USA, Inc.

The case involves Valdez Ventura, an employee of CCon Metals USA, Inc., seeking medical and temporary disability benefits for alleged lead poisoning. The Court convened an Expedited Hearing to determine if Mr. Ventura was likely to prevail on the merits in establishing entitlement to these benefits. The Court found that Mr. Ventura did not present sufficient evidence, particularly expert medical proof, to establish a compensable injury. Dr. Timothy Linder, the panel-selected treating physician, concluded Mr. Ventura's lead levels were normal and his illness was not employment-related. Consequently, the Court denied Mr. Ventura's request for medical and temporary disability benefits.

Lead PoisoningWorkers' Compensation BenefitsMedical BenefitsTemporary DisabilityCausationExpert Medical EvidenceExpedited HearingTennessee LawEmployment-Related InjuryMedical Report
References
2
Case No. ADJ6708293
Regular
Apr 04, 2013

Derrick Ransom vs. Jacksonville Jaguars, ACE Insurance, Arizona Cardinals, Travelers Indemnity Company, Gulf Insurance, Kansas City Chiefs, TIG Insurance, Risks Enterprise Management

This case concerns a workers' compensation claim filed by Derrick Ransom, a former professional football player. The Jacksonville Jaguars, through their insurer, petitioned for reconsideration of a finding that ordered them to pay for diagnostic testing and travel expenses before a jurisdictional determination. The Appeals Board found that ordering payment before establishing jurisdiction was improper. Therefore, the previous award was rescinded, and the matter was returned to the trial level to first determine if the Appeals Board has jurisdiction over the Jaguars.

Workers' Compensation Appeals BoardReconsiderationJurisdictionJacksonville JaguarsACE InsuranceArizona CardinalsTravelers Indemnity CompanyKansas City ChiefsTIG InsuranceQualified Medical Evaluator
References
6
Case No. ADJ7811897, ADJ7975786
Regular
Mar 04, 2013

LUCIA CERON vs. COUNTY OF VENTURA

This Workers' Compensation Appeals Board case, involving Lucia Ceron and the County of Ventura, is being dismissed. The dismissal is due to the petitioner's voluntary withdrawal of their Petition for Reconsideration. The Board accordingly ordered the reconsideration petition dismissed on March 4, 2013.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardCounty of VenturaApplicantDefendantPermissibly Self-InsuredOrder DismissingCase Nos. ADJ7811897
References
0
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
0
Case No. ADJ2335231 (VEN 0122014)
Regular
Mar 01, 2012

ROSEMARIE RIVERA vs. COUNTY OF VENTURA, CHARTIS CLAIMS, INC.

This case concerns a worker's compensation claim by Rosemarie Rivera against the County of Ventura. The applicant filed a Petition for Reconsideration after a favorable award, contending she was unprepared for trial. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found the applicant's testimony not credible and gave no weight to it. The WCJ awarded a nominal permanent disability based on a stipulation of injury, noting the applicant's history of pre-existing conditions and mental illness.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportGarza v. Workmen's Comp. Appeals Bd.serious and willful misconductLabor Code section 132(a)agreed medical examinersQME reportMark Mandel M.D.stipulation of injury
References
1
Case No. ADJ9447099
Regular
Nov 09, 2015

ROGELIO MARTINEZ vs. SYSCO VENTURA INC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed Rogelio Martinez's Petition for Reconsideration against Sysco Ventura Inc. and Gallagher Bassett. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of service, and proof of mailing is insufficient; the document must be received by the WCAB within that period. The WCAB found the petition, filed on 09/10/2015, was significantly past the deadline following the WCJ's 07/16/2015 decision.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCABWCJLabor CodeCalifornia Code of RegulationsAdministrative Law JudgeAppeals Board
References
4
Case No. ADJ1142211 (MON 0343083)
Regular
Oct 01, 2013

YVONNE JACKSON vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered by CORVEL CORPORATION

The Workers' Compensation Appeals Board (WCAB) denied Yvonne Jackson's Petition for Reconsideration in the case against County of Ventura. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Consequently, the petition was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportDenial of ReconsiderationCounty of VenturaCORVEL CORPORATIONADJ1142211Yvonne Jackson
References
0
Case No. ADJ10041145
Regular
Jan 13, 2020

JERARDO GOMEZ vs. COUNTY OF VENTURA, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the County of Ventura's petition for reconsideration, affirming a permanent total disability award for applicant Jerardo Gomez. The WCAB found substantial medical evidence supported the award, including the Agreed Medical Examiner's findings and vocational expert testimony, which indicated Gomez was precluded from gainful employment due to his admitted injury. The Board also found the WCJ properly considered apportionment and that formal rating instructions were not a due process violation.

Permanent Total DisabilityApportionmentAgreed Medical ExaminerVocational ExpertPetition for ReconsiderationFindings and AwardOpinion on DecisionSubstantial Medical EvidenceWorkers' Compensation Appeals BoardDeputy Sheriff
References
1
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