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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
Case No. ADJ10030620, ADJ10030622
Regular
Jan 12, 2018

ANTONIO CORONA SOSA vs. DANA INVESTMENT LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, Marwan Khader Alrifai

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration from an order joining a substantial shareholder due to the order not being a final determination. However, the WCAB granted a petition for removal, treating the filing as such, because the shareholder was allegedly denied due process by not being properly served and given an opportunity to respond. The WCAB rescinded the joinder order, returning the matter to the trial level to allow the shareholder to present their case. This decision ensures due process by permitting the shareholder to respond to the joinder petition and present evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSubstantial ShareholderDue ProcessPetition for JoinderFinal OrderInterlocutory OrderExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ6501139
Regular
Mar 09, 2010

AARON GOMEZ vs. SUNWOOD DOORS, INC., STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which argued that Pacific Employers' Insurance Company, the terminal carrier, was a necessary party. The Board adopted the presiding judge's report, finding no basis for removal. Additionally, the applicant's petition for removal was dismissed as untimely. The case will proceed to trial without the joined carrier.

Petition for RemovalContinuous Trauma ClaimTerminal CarrierDue Process RightsPetition for Leave to File Supplemental PetitionApplicant's AnswerPetition for SanctionsPresiding Workers' Compensation Administrative Law JudgeOrder for TrialJoinder of Party
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. ADJ10786752
Regular
Jun 18, 2018

Marco Urbina vs. Taylor Walk, Inc., Pacific Compensation Insurance Company, Republic Underwriters Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company. The WCAB found that the Order Denying Petition for Joinder was not a final order, thus dismissing the petition for reconsideration. The Board determined that Pacific Compensation Insurance Company was prejudiced by the denial, as it prevented them from pursuing contribution from Republic. The case was returned to the trial level for further proceedings consistent with the WCAB's decision.

Petition for ReconsiderationPetition for RemovalPetition for JoinderCompromise and ReleaseLabor Code Section 5500.5Supplemental ProceedingsContribution ProceedingsDue ProcessCumulative Trauma InjuryDiscovery Rights
References
Case No. ADJ3399937 (VNO 0423516 ADJ8997142 ADJ10559387 ADJ7656828
Regular
Feb 27, 2019

DAVE ZADA vs. ALPRO MILLWORKING, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Dave Zada's petition for reconsideration. The WCAB found the petition untimely, successive, and skeletal, failing to meet procedural requirements for reconsideration. Zada also did not demonstrate how he was aggrieved by the prior WCAB decision. Therefore, the WCAB lacked jurisdiction to consider the petition.

Petition for ReconsiderationPro PerSuccessive PetitionUntimely PetitionSkeletal PetitionAggrieved PartyJurisdictional Time LimitVerified PleadingsMaterial EvidenceProof of Service
References
Case No. ADJ8183477
Regular
Jan 14, 2016

DOLORES MOSELEY vs. NOIA RESIDENTIAL SERVICES, INC., ICW GROUP/INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Dolores Moseley's petition for reconsideration. The petition was untimely as it sought reconsideration of an award made over a year prior to filing. Furthermore, the petition was unverified and lacked specificity regarding the issues and legal arguments. Finally, the orders Moseley sought to reconsider were either vacated or deemed non-final procedural decisions, rendering the petition moot.

Labor Code Section 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Dismissing PetitionOrder Vacating Trial DateStipulations with Request for AwardTimelinessJurisdictionalVerification
References
Case No. ADJ3882107
Regular
Oct 04, 2012

PETER ARCARESE vs. LAW OFFICES OF MANUEL H. MILLER, STATE FARM CALIFORNIA, WC CLAIMS

The Workers' Compensation Appeals Board dismissed Peter Arcarese's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The petition was also dismissed as consecutive, attempting to relitigate issues previously addressed after a prior dismissal. Furthermore, the request for removal was denied as Arcarese failed to demonstrate substantial prejudice or irreparable harm. Consequently, the Board dismissed the petition for reconsideration and denied removal.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderDismissed PetitionPetition for RemovalSubstantial PrejudiceIrreparable HarmInadequate RemedyWrit of Review
References
Case No. ADJ6705977 ADJ6880053
Regular
Jun 13, 2014

TERRI SIEGEL vs. WALGREENS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's untimely petition for removal, finding it lacked merit and was frivolous. The Board noted the petition was filed months after the subject orders, violating the 20-day filing deadline. Additionally, the defendant failed to demonstrate prejudice or irreparable harm, or that reconsideration would be inadequate. Consequently, the Board intends to impose sanctions of up to $1,000 on the defendant for filing a baseless petition.

Petition for RemovalUntimely PetitionOrder Vacating SubmissionOrder Taking Off CalendarReport and RecommendationSanctionsFrivolous PetitionLabor Code Section 5813Appeals Board Rule 10561Significant Prejudice
References
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