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

Case No. ADJ14362966
Regular
Feb 18, 2025

JESS PEREZ vs. SOUTHERN CALIFORNIA GAS COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant, Southern California Gas Company's, petition for reconsideration. The WCAB rescinded the November 12, 2024 Findings of Fact and Order, which had determined that applicant Jess Perez sustained an industrial COVID-19 injury. The case was returned to the trial level for further proceedings, as the Board found the WCJ's original decision lacked substantial evidence, noting the Qualified Medical Evaluator's report was limited in scope and did not fully address industrial causation. The Board emphasized the need to fully develop the record on the issue of industrial causation.

COVID-19industrial injuryEnergy TechnicianSouthern California Gas CompanyQualified Medical Evaluator (QME)occupational exposureinjury arising out of and in the course of employment (AOE/COE)Petition for Reconsiderationsubstantial evidencemedical reporting
References
14
Case No. ADJ8094546
Regular
Dec 16, 2014

Jesse Martinez vs. Linda Vista Farms, Zenith Insurance Company

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The applicant, Jesse Martinez, claims 100% permanent disability due to back and urologic injuries, but the trial judge awarded 45%. The Board found insufficient evidence to fully address whether the applicant's diminished future earning capacity rebutted the scheduled permanent disability rating. The matter was returned to the trial level for further development of the record concerning this specific issue.

Permanent disabilityLeBoeufvocational expertsubstantial evidencediminished future earning capacityWCJpanel Qualified Medical Evaluatorsorthopedicurologicpermanent disability rating
References
2
Case No. ADJ14466153
Regular
Oct 21, 2025

JESSE CRUZ vs. BRISTOL INDUSTRIES, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant Jesse Cruz sought reconsideration of a WCJ's June 3, 2022 Findings and Order (F&O), which found he did not sustain an industrial injury to his back, hips, legs, and feet while employed by Bristol Industries on June 17, 2020. The Appeals Board previously granted reconsideration to further study the case and found the applicant's petition for reconsideration was timely filed. Citing insufficient medical evidence on the issue of injury and a lack of clear analysis in the WCJ's credibility determination, the Board rescinded the F&O and remanded the matter to the trial level for further proceedings, including obtaining expert medical opinion on the injury and a more detailed credibility analysis by the WCJ.

AOE/COEPetition for ReconsiderationAdjudication NumberFindings and OrderWCJReconsiderationFurther ProceedingsBack PainPeripheral NeuropathyLumbar MRI
References
16
Case No. 2021 NY Slip Op 21232
Regular Panel Decision
Aug 26, 2021

Phillips v. Max Finkelstein, Inc.

Plaintiff Jesse Phillips, a manual employee of Max Finkelstein, Inc., was paid biweekly, violating Labor Law § 191 (1) (a) (i) which mandates weekly payment for manual workers. Phillips sued over late payments and improper wage statements. The Suffolk County Court initially granted summary judgment dismissing both causes of action. The Appellate Term, Second Department, reversed, citing the precedent in Vega v CM & Assoc. Constr. Mgt., LLC that a private right of action exists under Labor Law § 198 (1-a) for violations of wage frequency requirements. Thus, the court reinstated Phillips' first cause of action concerning late payments but upheld the dismissal of the second cause of action regarding wage statements, as Phillips did receive statements with every payment. The final order modified the lower court's decision, denying the dismissal of the first cause of action.

wage payment frequencymanual employeeLabor Law violationsliquidated damagesprivate right of actionsummary judgmentstare decisisAppellate Division precedentwage statementsemployment law
References
8
Case No. ADJ9520089
Regular
Nov 21, 1937

IRMA SOLIS DIAZ vs. JESSE NAVARRO & LUPITA GUTIERREZ dba CASA DEL LAGO, UEBTF

The Workers' Compensation Appeals Board (WCAB) denied Irma Solis Diaz's petition for reconsideration in the case against Jesse Navarro and Lupita Gutierrez dba Casa del Lago. The Board adopted and incorporated the report of the workers' compensation administrative law judge (WCJ). The specific grounds for the denial are not detailed in this opinion but are attributed to the WCJ's report. Therefore, the initial decision, whatever it was, stands.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYINGWCJ'S REPORTADOPT AND INCORPORATELOS ANGELES DISTRICT OFFICEAPPLLICANTDEFENDANTSCASE NOOPINION AND ORDER
References
0
Case No. ADJ16042609, ADJ13305672, ADJ13956136, ADJ10174349, ADJ10876442
Regular
Oct 21, 2025

JESSE STONE ORDONAZ vs. BURGER KING STEVENSON RESTAURANTS, WESCO INSURANCE COMPANY, AMTRUST NORTH AMERICA, CALIFORNIA FOOD MANAGEMENT, LLC, MITSUI SUMITOMO

The applicant, Jesse Stone Ordonaz, a declared vexatious litigant, filed a petition for removal after the Workers' Compensation Appeals Board (WCJ) rejected their applications for adjudication. The rejection was based on the applicant's failure to comply with a pre-filing order requiring permission to file new applications. The applicant alleged fraud in a prior Compromise and Release and sought to relitigate claims. The Appeals Board denied the petition for removal, affirming the WCJ's decision because the applicant failed to demonstrate substantial prejudice or irreparable harm and did not abide by the vexatious litigant order.

Vexatious litigantPre-filing orderPetition for removalWorkers' Compensation Appeals BoardOrder Rejecting Applications for AdjudicationCompromise and ReleaseFraudRelitigationWCJSubstantial prejudice
References
11
Case No. ADJ7995096, ADJ1362154 (SAL 0117819), ADJ3586840 (SAL 0113966)
Regular
Aug 20, 2015

JESSE MAGALLON vs. SALINAS VALLEY MEMORIAL HOSPITAL, Permissibly Self-Insured, Administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES, INC., GEORGE L. MEE MEMORIAL HOSPITAL, CARE WEST INSURANCE, PEGASUS RISK AND ALPHA FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant Jesse Magallon's petition for reconsideration. The WCAB found the petition was invalid because it was not filed from a "final" order as required by law, but rather an interlocutory procedural or evidentiary decision. The WCAB also denied the petition for removal, as Applicant failed to demonstrate substantial prejudice or irreparable harm warranting this extraordinary remedy. Therefore, both the dismissal of reconsideration and denial of removal were affirmed based on the WCJ's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary Issue
References
6
Case No. ADJ8591144
Regular
Jun 11, 2019

ENRIQUE MONTANO vs. JESSE HARO dba JESSE'S GARDENING, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior award. The WCAB rescinded the administrative law judge's (WCJ) findings, which had awarded $8\%$ permanent disability and no future medical treatment, finding that the applicant was denied due process. Specifically, the WCJ submitted the matter for decision after the applicant left the hearing and failed to issue a proper notice of intent to submit, violating WCAB Rule 10562. The WCAB denied the applicant's request to disqualify the WCJ, finding no evidence of bias. The case is returned to the WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardTemporary DisabilityPermanent DisabilityMedical TreatmentSubstantial Medical EvidenceDue ProcessWCJ DisqualificationLabor Code Section 5311
References
0
Case No. ADJ7386376, ADJ7096591
Regular
Oct 16, 2015

Jesse Contreras vs. United Airlines

The applicant sought reconsideration of an approved Compromise and Release (C&R) settlement for $73,172.00. Subsequently, both applicant and defendant jointly notified the Board that the applicant wished to withdraw his Petition for Reconsideration and proceed with the original C&R. The Board vacated its previous order granting reconsideration and dismissed the applicant's petition. The case is now returned to the trial level for finalization of the C&R.

Workers' Compensation Appeals BoardJesse ContrerasUnited AirlinesADJ7386376ADJ7096591San Diego District OfficeOpinion and Decision After ReconsiderationOrder Approving Compromise and ReleasePetition for ReconsiderationCompromise and Release Agreement
References
0
Case No. ADJ1036120 (SDO 0330367)
Regular
Jul 08, 2013

JESSE SUMABAT vs. CALIFORNIA HIGHWAY PATROL

This case concerns whether the applicant's valley fever is an "insidious, progressive disease" for which jurisdiction over permanent disability can be reserved. The WCAB granted reconsideration, rescinded the initial award, and returned the matter to the trial level. This is because the medical evidence regarding the progressive nature of the applicant's condition was contradictory and required further development. The Board emphasized that the determination of a progressive disease must be supported by substantial medical evidence stating medical probability.

Valley FeverCoccidioidomycosisProgressive DiseaseInsidious DiseasePermanent DisabilityJurisdiction ReservationJackson DoctrineGeneral Foundry ServiceRuffin CaseMedical Probability
References
4
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