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

Case No. ADJ7397148
Regular
Oct 15, 2013

JAVIER RODRIGUEZ vs. EMPLOYERS DEPOT, INC.

The Workers' Compensation Appeals Board denied Javier Rodriguez's Petition for Reconsideration. Rodriguez alleged inadequate notice of a lien conference, claiming the hearing was improperly converted from a status conference. The Board adopted the WCJ's report, which found the hearing was automatically deemed a lien conference by regulation, requiring payment of a lien activation fee. The underlying case was previously resolved by a Compromise and Release.

Petition for ReconsiderationOrder DenyingCompromise and ReleaseLien ConferenceStatus ConferenceLien Activation FeeLabor Code §4903.06Cal. Code. Regs. §10770.1Declaration of ReadinessVenue
References
Case No. ADJ6892572
Regular
Mar 05, 2012

RAFAEL RODRIGUEZ, RAFAEL CORREA-RODRIGUEZ vs. SURFACE CONSTRUCTORS, INC., FIRSTCOMP For ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration filed by Rafael Rodriguez (also known as Rafael Correa-Rodriguez). The dismissal was based on two procedural defects: the petition was untimely filed and improperly served. The WCAB further indicated that even if the petition had been procedurally sound, it would have been denied on the merits based on the WCJ's report. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimely FilingImproper ServiceWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissalDenial on MeritsLien ClaimantSurface ConstructorsFirstcomp
References
Case No. ADJ9808612
Regular
Aug 14, 2017

JAVIER RODRIGUEZ vs. REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, CANNON COCHRAN MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Javier Rodriguez's petition for reconsideration because it was filed from a non-final, interlocutory order. Such orders do not determine substantive rights or liabilities or threshold issues essential to the claim. The WCAB also denied Rodriguez's petition for removal, finding no showing of substantial prejudice or irreparable harm that would warrant this extraordinary remedy. Reconsideration is deemed an adequate remedy if a final adverse decision ultimately issues.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary IssueExtraordinary Remedy
References
Case No. ADJ7774631
Regular
Aug 16, 2019

IGNACIO GARCIA vs. TRINIDAD RODRIGUEZ dba RODRIGUEZ FARM LABOR CONTRACTOR, STATE COMPENSATION INSURANCE FUND, SERGIO RODRIGUEZ

This case involves a worker's compensation claim by Ignacio Garcia. The primary issue was whether Garcia was employed by Trinidad Rodriguez dba Rodriguez Farm Labor Contractor or Sergio Rodriguez. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the judge's finding that Trinidad Rodriguez was the employer. While the Board noted the applicant has the burden to prove employment, they found the evidence supported the conclusion that Garcia was employed by Trinidad Rodriguez.

Petition for ReconsiderationDenialEmployment StatusFarm Labor ContractorState Compensation Insurance FundGoing and Coming RuleBurden of ProofCredibility DeterminationsInsured EmployerUninsured Employer
References
Case No. Misc. No. 257
Significant

vs. Javier Jimenez, Respondent

The Workers' Compensation Appeals Board suspends the privilege of Javier Jimenez to appear as a party representative for 180 days, with the suspension continuing until he complies with prior sanction orders, following his failure to respond to a Notice of Intention.

WCABJavier JimenezRepresentative PrivilegeSuspensionLabor Code Section 4907En BancNotice Of IntentionSanction OrdersComplianceAdministrative Law Judges
References
Case No. ADJ2023039 (POM 0295793)
Regular
Jan 11, 2018

JAVIER GUZMAN vs. FEDEX NATIONAL, CAMBRIDGE SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal filed by the applicant, Javier Guzman. The WCAB adopted the report of the Workers' Compensation Administrative Law Judge (WCJ) as the basis for its denial. While acknowledging a factual inaccuracy in the WCJ's report regarding the Agreed Medical Examiner, the WCAB found no grounds to grant removal. Therefore, the petition was formally denied.

Order Denying RemovalPetition for RemovalWCJ ReportAMETreating PhysicianJavier GuzmanFedEx NationalCambridge SacramentoWorkers' Compensation Appeals Board
References
Case No. VNO 0467830
Regular
Mar 14, 2008

ALICIA RODRIGUEZ vs. ARAMARK, LUMBERMAN'S MUTUAL CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Alicia Rodriguez's Petition for Reconsideration in case VNO 0467830. The dismissal was based on the petition being untimely filed. Specifically, the filing did not adhere to the 20-day statutory deadline (plus 5 days for mailing) for reconsideration petitions.

Petition for ReconsiderationUntimely FilingWCAB Rule 10840Labor Code § 5903Code of Civil Procedure §1013Workers' Compensation Administrative Law Judge (WCJ)DismissedLumberman's Mutual Casualty CompanySpecialty Risk ServicesAlicia Rodriguez
References
Case No. ADJ8049289
Regular
Dec 04, 2012

MARCOS RODRIGUEZ vs. MCR TRANSPORT, INC., CALIFORNIA LIVESTOCK PRODUCERS

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding applicant Marcos Rodriguez's admitted injuries. The defendant argued for apportionment based on a prior claim settlement, but the Board found this lacked merit. The Board determined different rating methodologies and schedules applied to the distinct injuries and body regions, meaning the defendant failed to meet its burden of proof for apportionment or overlap. Consequently, the petition for reconsideration was denied.

WCABMARCOS RODRIGUEZMCR TRANSPORTINC.CALIFORNIA LIVESTOCK PRODUCERSYORK INSURANCE SERVICES GROUPINC.ADJ8049289Petition for ReconsiderationWCJ
References
Case No. ADJ2456257 (LAO 0856958)
Regular
Nov 07, 2013

JAVIER BANUELOS vs. JACK'S RESTAURANTS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant seeking reconsideration of an award for 8 hours of daily home care services for the applicant, Javier Banuelos, based on an Agreed Medical Examiner's opinion. The defendant argued the award was improper due to a waived issue regarding a Utilization Review denial and improper reliance on the AME's reports. The Board denied reconsideration, finding the defendant waived the UR denial issue by raising it post-trial, and failed to argue against the substantial evidence provided by the AME. Therefore, the original Findings and Award for home care services were upheld.

Workers' Compensation Appeals BoardJavier BanuelosJack's RestaurantsState Compensation Insurance FundFindings and AwardHome Care ServicesAgreed Medical Examiner (AME)Dr. Rodney BluestoneUtilization Review (UR)Prescription Denial
References
Case No. ADJ8153900
Regular
Mar 29, 2013

JAVIER LUCATERO vs. ADECCO USA, INC., STATE OF PENNSYLVANIA INSURANCE COMPANY

This case involves a petition for reconsideration filed by applicant Javier Lucatero regarding a January 4, 2013 decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition, acknowledging the need for further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and to allow for a just decision. All future communications must be filed in writing with the WCAB Commissioners' office, not with the Santa Ana District Office or through e-filing.

WORKERS' COMPENSATION APPEALS BOARDJAVIER LUCATEROADECCO USAINC.STATE OF PENNSYLVANIA INSURANCE COMPANYADJ8153900Santa Ana District OfficeOPINION AND ORDER GRANTING RECONSIDERATIONPetition for Reconsiderationstatutory time constraints
References
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