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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. ADJ11276421
Regular
Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors
References
Case No. ADJ4250427 (MON 0359204)
Regular
Sep 16, 2011

ANA AGUILAR vs. METRO BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Ana Aguilar's claim for lack of prosecution. The Board found that applicant's attorney was relieved as counsel and had lost contact with the applicant prior to the dismissal order, raising due process concerns. The dismissal order was based on a defendant's petition and a notice of intention to dismiss, but the Board found no evidence that the applicant actually received these notices. Therefore, the matter was returned to the trial level to ensure the applicant has an opportunity to be heard.

WCAB Rule 10582dismissal for lack of prosecutionex parte orderdue processlack of noticepetition for dismissalnotice of intention to dismissmotion to be relieved as counselcumulative traumamaintenance worker
References
Case No. ADJ1797960 (SAC 0368274)
Regular
Apr 23, 2010

BENIOIT PARISE vs. PERKINELMER OPTOELECTRONICS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Liberty Mutual Insurance Company's petition for removal, upholding an earlier order that rejoined Liberty and its insured, Perkinelmer Optoelectronics, as parties. Although Liberty was previously dismissed, the WCAB found good cause to rescind that dismissal under Labor Code section 5803. This was because the applicant amended their claim to allege cumulative trauma extending to June 1, 2004, making Perkinelmer a potentially liable employer. The WCAB determined that Liberty's initial dismissal petition was based on facts no longer operative after the amendment, and a final determination of liability had not yet been made.

Petition for RemovalWorkers' Compensation Appeals BoardApplicantDefendantOrder Denying PetitionWCJDismissed DefendantJurisdictionApplication for Adjudication of ClaimCumulative Trauma
References
Case No. ADJ7172643; ADJ7172641
Regular
Apr 02, 2012

JUSTIN MILLER vs. PF CHANGS CHINA BISTRO, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant whose workers' compensation claims were dismissed by the WCJ for lack of activity and prosecution. The applicant sought reconsideration, arguing due process violations and non-compliance with dismissal procedures. The Appeals Board denied the petition, finding the applicant's objections vague and lacking specific reasons for the lack of prosecution despite ample opportunity. A dissenting opinion argued that the dismissal constituted an abuse of discretion as the applicant had indicated an intention to prosecute the claim.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationJoint Order Dismissing Applicationswithout prejudicePetition for Dismissallack of activity and prosecutionNotice of Intent to Dismiss Applicationsobjections overruleddue process rights violatedCalifornia Code of Regulations title 8 section 10582
References
Case No. ADJ2170527 (VNO 0494225)
Regular
Jul 27, 2009

LUIS ORTIZ vs. CITY OF LOS ANGELES

The Appeals Board granted removal to address the applicant's petition to set aside a dismissal order. The WCJ improperly took the case off-calendar without explanation and wrongly concluded jurisdiction was lost, failing to properly address the applicant's dismissal setting aside petition. Crucially, the dismissal order may be invalid due to improper service on the applicant's attorney. The case is returned to the trial level for a full factual inquiry into the dismissal and potential service defects.

Petition for RemovalOrder Taking Off-CalendarPetition to Set Aside Order of DismissalAdministrative Rule 10582Lack of ProsecutionImproper ServiceContinuing JurisdictionLabor Code § 5803Good CauseHearing on the Merits
References
Case No. ADJ1896744
Regular
Apr 12, 2012

RICARDO AGUILAR, RICARDO MORENO vs. ADECCO STAFFING, INSURANCE COMPANY STATE OF PENNSYLVANIA c/o BROADSPIRE SERVICES

This case involves a worker's compensation applicant, Ricardo Aguilar, whose case was dismissed on September 30, 2008. The Appeals Board granted reconsideration because the defendant failed to provide proof of service for the Notice of Intention to Dismiss and the Order of Dismissal. The Board found that the applicant did not receive proper notice or an opportunity to be heard, as required by Rule 10582. Consequently, the Board rescinded the Order of Dismissal, reinstating the applicant's case.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to DismissOrder of DismissalProof of ServiceWCAB Rule 10582Petition for Dismissal of ClaimApplicant's AssertionRescind OrderEAMS files
References
Case No. LAO 0846328
Regular
Jun 30, 2008

RINDA Q. GARCIA vs. ALBERTSONS, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution. The dismissal was improper because the defendant failed to comply with procedural requirements, including serving notice on all lien claimants and providing proof of direct communication with the applicant. The case is returned to the trial judge for further proceedings.

Petition for ReconsiderationOrder of Dismissal for Lack of ProsecutionApplication for AdjudicationIndustrial InjuryBack InjuryRight Upper Extremity InjuryRight Lower Extremity InjuryPetition to DismissAbandonmentLoss of Contact
References
Case No. ADJ8902882
Regular
Jan 08, 2016

Veronica Sanchez vs. TJX Companies/Marshalls of California, LLC, Zurich American Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior dismissal order. The original dismissal was issued because lien claimant Able Physical Therapy failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss. However, the WCAB found that the dismissal order erroneously dismissed the entire application, not just Able's lien, which was the scope of the notice. The WCAB also noted that Able claimed a settlement had been reached prior to the conference.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJPro PerLien ClaimantSettlementLack of Communication
References
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