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

Case No. ADJ9551348
Regular
Jan 20, 2015

JOSE JAIME GARCIA vs. MOLDEX-METRIC, INC.

This Workers' Compensation Appeals Board order dismisses a Petition for Reconsideration because it was filed for an interlocutory order, not a final one that determines substantive rights. The Board clarified that only final orders are subject to reconsideration under Labor Code § 5900. While treating the petition as a Petition for Removal, it would also be denied. The Board admonished applicant's counsel for failing to distinguish between final and interim orders.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesPetition for RemovalWCJ Report and RecommendationApplicant's CounselTimely ServiceOrder Granting Change of Venue
References
Case No. ADJ9778324
Regular
Nov 08, 2017

JAIRO RAMOS vs. JTS JOSE TREE SERVICE, INC., JOSE MIGUEL SOTO, DANIEL SOTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a workers' compensation claim where the applicant sustained an admitted industrial injury. The primary issue is determining the identity of the employer(s), with allegations of joint ownership/operation between JTS Jose Tree Service, Inc., Jose Miguel Soto, and Daniel Soto. Jose Soto's petition for reconsideration was dismissed as untimely and procedurally deficient. Daniel Soto's petition was granted because the original findings lacked evidentiary support and the record required further development regarding employment status and potential licensing issues. The case is remanded to the trial level for further proceedings.

Workers Compensation Appeals BoardJTS Jose Tree ServiceJose Miguel SotoDaniel SotoUninsured Employers Benefits Trust FundFindings of FactOrder of DeferralPetition for ReconsiderationJoint EmployersSubstantial Shareholder
References
Case No. ADJ9230683
Regular
Jul 07, 2014

JOSE GARCIA, Jorge Garcia, JORGE LUIS GARCIA vs. RAMTEX INC.; EMPLOYERS COMPENSATION INSURANCE COMPANY, RAMTEX INCORPORATED, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a Petition for Removal filed by applicant Jose Garcia challenging an administrative law judge's discovery rulings. The applicant sought specific documents, including witness statements and employee handbooks, which the defendant claimed did not exist. The judge ordered the production of the personnel file but denied the request for other documents, finding the defendant's representations credible and applicant's discovery requests lacking due diligence. The Workers' Compensation Appeals Board denied the Petition for Removal, adopting the judge's reasoning that the petition was untimely and that no prejudice or irreparable harm resulted from the discovery rulings.

Petition for RemovalWorkers' Compensation Appeals BoardRamtex Inc.Employers Compensation Insurance CompanyADJ9230683Administrative Law JudgeReport of Workers' Compensation Administrative Law JudgeVerified AnswerGood Faith InvestigationDeposition of Applicant
References
Case No. ADJ8175471
Regular
Sep 16, 2015

HARRISON GARCIA vs. ROBERTSON'S READY MIX

This order denies Harrison Garcia's Petition for Removal from a Workers' Compensation Appeals Board decision. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The Board found that reconsideration would be an adequate remedy if an adverse final decision occurs. The Board also noted that their prior ruling in *Dubon v. World Restoration* was directly applicable to this case.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyJose Dubon v. World Restorationen banc decisionADJ8175471
References
Case No. ADJ9301001
Regular
Sep 29, 2016

Armando Garcia vs. Geraldine Whitney, Fred Whitney

The Workers' Compensation Appeals Board denied Armando Garcia's petition for reconsideration, upholding the WCJ's finding that he was not an employee of Geraldine Whitney at the time of his injury. The Board agreed that Garcia's belief of working for free rent did not establish an employment contract. Conflicting evidence regarding the parties' relationship supported the WCJ's reasonable determination that no express or implied employment agreement existed due to lack of consideration. Therefore, Garcia's claim for workers' compensation benefits was denied.

Workers' Compensation Appeals BoardArmando GarciaGeraldine WhitneyFred WhitneyADJ9301001Employee statusImplied contractConsiderationLabor Code section 3357Presumption of employment
References
Case No. FRE 186612
Regular
Mar 26, 2008

, Jose Maravilla, vs. , JOSE AND FLORENCIA ALVERNAZ and CIGA, by CAMBRIDGE INTERGRATE SERVICES for FREMONT INSURANCE COMPANY, in liquidation; LIBERTY MUTUAL INSURANCE COMPANY; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS

This case involves Liberty Mutual/Golden Eagle Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma injury to both knees. The WCAB denied reconsideration, finding the Statute of Limitations defense was waived and that the *Benson* case regarding allocation of disability cause was not applicable as there was only one industrial injury. The WCAB adopted the WCJ's report in its entirety for its denial.

Workers' Compensation Appeals BoardJose MaravillaJose and Florencia AlvernaCIGAFremont Insurance CompanyLiberty Mutual Insurance CompanyCalifornia Indemnity Insurance CompanyGAB RobinsFRE 186612Opinion and Order Denying Petition for Reconsideration
References
Case No. ADJ4209445 (GRO 0034182)
Regular
Jul 01, 2013

MARICRUZ GARCIA vs. PUEBLO PACKING, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This order dismisses Maricruz Garcia's Petition for Reconsideration in Case No. ADJ4209445. The Workers' Compensation Appeals Board (WCAB) adopted the administrative law judge's report, finding the petition was untimely filed. Therefore, the WCAB dismissed the reconsideration request.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardWCJ ReportAdministrative Law JudgePueblo PackingBerkshire HathawayADJ4209445GRO 0034182
References
Case No. ADJ12393038
Regular
Mar 07, 2023

CRISTIAN AVILA GARCIA (Deceased) SINTIA YANETH GARCIA (Guardia Ad Litem) vs. BAYVIEW ENVIRONMENTAL SERVICES INCORPORATED, GREAT DIVIDE INSURANCE COMPANY, BERKELEY ENTERTAINMENT

In this workers' compensation case, the applicant's average weekly wage (AWW) was determined based on his higher earnings during the four weeks prior to his death on a special project. The defendant sought reconsideration, arguing the AWW should have been based on his entire tenure, but the Appeals Board affirmed the original award. The Board held that AWW is calculated based on earnings "at the time of injury" to reflect earning capacity, not necessarily the entire earnings history. Therefore, the calculation using the prevailing wage during the Santa Monica project was upheld.

Workers' Compensation Appeals BoardCristan Avila GarciaSintia Yaneth GarciaBayview Environmental Services IncorporatedGreat Divide Insurance CompanyBerkeley EntertainmentAdjudication NumberFindings and AwardAverage Weekly WageTemporary Disability Indemnity
References
Case No. ADJ7397383
Regular
Dec 07, 2012

JOSE GARCIA vs. PRODUCTION PLUS PLUMBING, INC., MATRIX INSURANCE

This case involves a petition for reconsideration filed by applicant Jose Garcia concerning a workers' compensation claim. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was not filed within the 25-day statutory period. This deadline included the 20 days allowed by Labor Code section 5903 plus 5 additional days for mailing per Code of Civil Procedure section 1013. Consequently, the Board adopted the administrative law judge's recommendation and dismissed the petition.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationLabor Code Section 5903Code of Civil Procedure Section 1013Dismissal OrderApplicantDefendant
References
Case No. ADJ7882643
Regular
Apr 03, 2017

SERGIO RUIZ vs. JOSE GARCIA aka JOSE F. GARCIA aka JOSE GRANCISCO GARCIA doing business as JOHN GARCIA PAINT SERVICE, MELANIE A. BERRY AS A SUBSTANTIAL SHAREHOLDER

This case involves a Petition for Reconsideration that was dismissed for two primary reasons. Firstly, the petition was filed untimely, exceeding the statutory 25-day limit for filing after the WCJ's decision. Secondly, the petition failed to meet procedural requirements by not providing specific citations to the record or detailing the grounds for reconsideration, as mandated by relevant Labor Code sections and WCAB rules. Consequently, the Appeals Board lacked jurisdiction to consider the petition, leading to its dismissal.

Petition for ReconsiderationWCABWorkers' Compensation Administrative Law JudgeWCJjurisdictional time limituntimely petitionspecific citations to the recordLabor CodeCalifornia Code of RegulationsRule 10842
References
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