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

Case No. ADJ8414182
Regular
Feb 25, 2014

VICTOR LEDESMA, (VICTOR GOMEZ LEDESMA) vs. GROUP MANUFACTURING SERVICES, HANOVER INSURANCE GROUP

This case involves a workers' compensation claim for a left ankle and foot injury. The defendant sought reconsideration of the decision, arguing the applicant's testimony was less credible, the claim was barred as post-termination, exhibits were improperly admitted, and a defense witness was wrongly excluded. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report. The judge found the applicant's testimony credible, noting inconsistencies and misrepresentations in the defendant's arguments and witness testimonies. Specifically, the judge determined the termination date was not a bar, the admission of exhibits was proper, and the exclusion of the unlisted rebuttal witness was warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.denial of reconsiderationoccupational injuryleft ankle and footdeburrerdenied claim
References
2
Case No. ADJ2940485 (AHM 0129125) ADJ2870513 (AHM 0129124)
Regular
Dec 08, 2008

Jon Ledesma vs. CITY OF ANAHEIM

This case concerns the apportionment of permanent disability for an applicant with two successive injuries to overlapping body parts that became permanent and stationary simultaneously. The Workers' Compensation Appeals Board granted reconsideration to defer issues of permanent disability, apportionment, and attorney's fees. The Board is awaiting the Court of Appeal's decision in *Benson v. Workers' Comp. Appeals Bd.*, which addresses similar apportionment issues, before further proceedings.

Workers Compensation Appeals BoardJon LedesmaCity of AnaheimJoint Findings Award and Orderindustrial injurypermanent disabilityseparate awardscombined awardsapportionmentBenson v. Permanente Medical Group
References
5
Case No. ADJ2618279
Regular
Feb 11, 2011

Jon Vinson vs. CITY OF GLENDALE

This case involves Jon Vinson, a former firefighter for the City of Glendale, seeking reconsideration of a previous Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously reversed an administrative law judge's finding, ruling that Vinson did not sustain an industrial cumulative trauma injury to his pulmonary system or heart. This decision was based on a lack of substantial medical evidence proving heart trouble within the 60-month window required for the Labor Code Section 3212 heart trouble presumption. Vinson argues the prior decision relied on an incorrect legal theory, thus denying him due process. The WCAB denied Vinson's petition, re-affirming their conclusion that he failed to meet his burden of proof for an industrial injury.

WCABVinsonCity of GlendaleReconsideration DeniedLabor Code 3212Heart Trouble PresumptionPulmonary System InjuryCumulative TraumaFirefighter InjuryMedical Evidence
References
0
Case No. ADJ1930275
Regular
Sep 21, 2015

JUAN LEDESMA vs. NELSON MARTINEZ, AMADOR ESTRADA, SARA MONTENEGRO

This case involves a workers' compensation claim by Juan Ledesma for an injury sustained on December 4, 2004, while working on a construction project. The applicant was hired by Nelson Martinez, who was working under Amador Estrada. Sara Montenegro, the property owner at the time of the injury, sought dismissal as a defendant, but her Petition for Reconsideration was denied. The Workers' Compensation Appeals Board adopted the judge's findings that Montenegro did not intend to convey the property and engaged in transactions to avoid liability after the injury.

Petition for ReconsiderationProperty Owner LiabilityGrant DeedEasementBuilding PermitsAvoid LiabilitySubsequent TransactionsInadvertent ErrorWCABWCJ
References
0
Case No. ADJ1129507
Regular
May 23, 2013

CARLOS LEDESMA vs. CALIFORNIA FURNITURE SUPPLY COMPANY, ZENITH INSURANCE COMPANY

This case involves a petition for reconsideration filed by applicant Carlos Ledesma against California Furniture Supply Company and Zenith Insurance Company. The Workers' Compensation Appeals Board has reviewed the petition and the administrative law judge's report. The Board has adopted the judge's recommendation and ordered the dismissal of the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReport and RecommendationDismissalCarlos LedesmaCalifornia Furniture Supply CompanyZenith Insurance CompanyADJ1129507LBO 0384640
References
0
Case No. ADJ1930275 (LAO 0856552)
Regular
Aug 19, 2019

Juan Ledesma vs. Nelson Martinez, Amador Estrada, Sara Montenegro

This case concerns Applicant Juan Ledesma's workers' compensation claim for injuries sustained on December 4, 2004, while working as a drywall installer. The initial decision denied benefits, finding intoxication barred recovery under Labor Code section 3600(a)(4). The Appeals Board granted reconsideration, rescinding the prior order and finding that Applicant did sustain injury to multiple body parts. The Board determined the defendants failed to prove Applicant's intoxication was a substantial or proximate cause of his injury, therefore section 3600(a)(4) did not bar recovery, deferring other issues.

Labor Code section 3600(a)(4)Petition for ReconsiderationFindings and Orderintoxication defenseproximate causesubstantial factoraffirmative defensepre-ponderance of the evidencesubstantial evidenceAOE/COE
References
0
Case No. ADJ10303822
Regular
Feb 11, 2019

GUADALUPE REYES DE LEDESMA vs. VALLARTA SUPERMARKETS, SAFETY NATIONAL CASUALTY CORPORATION, SEDGWICK CMS

The Workers' Compensation Appeals Board denied applicant Guadalupe Reyes de Ledesma's petition for reconsideration. The Board found that applicant's petition for case ADJ10304025 was procedurally deficient for failing to cite the record. Furthermore, the Board determined that the applicant's arguments regarding the WCJ's findings on cumulative trauma injury and specific body parts in ADJ10303822 were not persuasive and that the applicant's credibility was properly assessed by the WCJ. The Board also admonished applicant's counsel for improperly attaching documents to the petition.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeCumulative TraumaSpecific InjuryArising Out of and In the Course of Employment (AOE/COE)Panel Qualified Medical Evaluator (PQME)Substantial EvidenceMedical-Legal Evaluation
References
0
Case No. ADJ9152098
Regular
Jun 02, 2015

JON WISE vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL DISABILITY AND RETIREMENT, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a settlement for Jon Wise's 2013 industrial knee injury. The defendant sought to reduce the awarded permanent disability indemnity, alleging a drafting error in using the wrong year's disability table. The Board found no good cause to set aside the stipulation, emphasizing the defendant's admission of drafting the document. The denial upholds the binding nature of the parties' agreed-upon settlement.

Workers' Compensation Appeals BoardCalifornia Highway PatrolDisability and RetirementState Compensation Insurance FundStipulations with Request for AwardPermanent DisabilityIndemnityDrafting ErrorUnilateral ErrorGood Cause
References
1
Case No. ADJ8497463
Regular
Apr 15, 2014

JOSE LEDESMA vs. JOHN HESSELBERG, uninsured, BARBARA HEINZER, JAMES HEINZER, RANDALL HEINZER, MID-CENTURY INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by the defendants in the case of Jose Ledesma. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB requires additional time to fully understand the record and issue a just decision after reconsideration. All future filings in this matter must be submitted in writing directly to the WCAB Commissioners' office, not to district offices or via e-filing.

WCABPetitions for ReconsiderationUninsured Employers Benefits Trust FundUninsured EmployerReconsideration GrantedDecision After ReconsiderationElectronic Adjudication Management SystemOffice of the CommissionersOakland District Office
References
0
Case No. MISSING
Regular Panel Decision

Parker v. Hearn

Plaintiff Angela Parker filed a Section 1983 action against Jon Parker and Detective David Hearn, alleging wrongful arrest, false imprisonment, and malicious prosecution. The defendants moved for summary judgment. The Court determined that Detective Hearn had probable cause to arrest Angela Parker for assault and petit larceny, thereby warranting the dismissal of claims against him. Furthermore, the § 1983 claim against Jon Parker was dismissed because he was not acting under color of state law. Consequently, the Court lacked subject matter jurisdiction over the remaining state law claims, leading to their dismissal as well.

False ArrestFalse ImprisonmentMalicious ProsecutionSummary JudgmentProbable CauseCivil Rights ViolationSection 1983Federal JurisdictionState Law ClaimsAssault
References
22
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