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

Case No. AHM 0136908
Regular
Mar 07, 2008

JUAN JESUS GARCIA vs. ALEXIS CONSTRUCTION CLEANUP INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior award of no permanent disability. The Board found that the medical reports were not ratable by the Disability Evaluation Unit. The case is returned to the trial level to allow examination of the DEU rater, aiming to develop the record and ensure a decision on the merits.

Workers' Compensation Appeals BoardAlexis Construction Cleanup Inc.Granite State Insurance CompanyAIG Claims ServicesJuan Jesus Garcialabor contractindustrial injuryback injurypermanent disabilityratable permanent disability
References
Case No. ADJ2706793 [SFO 0468588]
Regular
Nov 16, 2009

GUADALUPE RAMIREZ (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), JUAN JENOVEBO GARCIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for minor dependents), RAFAEL TAPIA, JR., minor; and KATHRYN YOLKEN (Guardian ad Litem), ROLANDO TAPIA (DECEASED); and KATHRYN YOLKEN (Guardian ad Litem for dependent minors) vs. ARGUS NEWSPAPER/ANG NEWSPAPERS; and LIBERTY MUTUAL INSURANCE COMPANY

The WCAB rescinds its July 1, 2008 Findings of Fact and Order, and returns the case to the trial level for review and potential approval of the parties' proposed settlements.

WORKERS' COMPENSATION APPEALS BOARDGuadalupe RamirezJuan Jeno'vebo GarciaRafael Tapia Jr.Rolando TapiaGuardian ad LitemArgus NewspaperLiberty Mutual Insurance CompanyCompromise and ReleaseFindings of Fact and Order
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. 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. ADJ9924983
Regular
Sep 25, 2015

Jesus Rodriguez Garcia vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied Jesus Rodriguez Garcia's petition for removal. The Board found that the applicant failed to demonstrate substantial prejudice or irreparable harm, which are required for removal. Applicant's arguments regarding physician choice and MPN access standards were not sufficiently established as remedies are available within the defendant's Medical Provider Network. Therefore, the Board affirmed the Administrative Law Judge's Finding of Fact.

Medical Provider NetworkMPNPetition for RemovalFinding of FactLabor Code section 4616.3primary treating physicianselection of physicianphysician of choiceCalifornia Code of Regulationstitle 8
References
Case No. ADJ299234 (RIV 0051292)
Regular
Jul 02, 2012

JUAN GARCIA vs. WILLIAM BOWER ASSOCIATES INC., STATE COMPENSATION INSURANCE FUND

This case involves Applicant Juan Garcia seeking reconsideration of his workers' compensation claim's dismissal for failure to prosecute. The Appeals Board granted reconsideration to allow Applicant an opportunity to show good cause why the dismissal should not be affirmed. The Applicant claims he was denied due process because his attorneys allegedly did not receive the Notice of Intention to Dismiss or the defendant's Petitions for Dismissal. The Board, however, presumes proper mailing and is giving Applicant's counsel a 30-day window to present a verified response demonstrating good cause.

Petition for ReconsiderationOrder Dismissing CaseFailure to ProsecuteLack of ProsecutionNotice of Intention to DismissDue ProcessVerified ResponseService of ProcessWCJAppeals Board
References
Case No. ADJ19947925
Regular
May 19, 2025

Andres De Jesus Garcia vs. Slater's 50/50, Security National Insurance Company

Applicant, Andres De Jesus Garcia, sought reconsideration of a March 12, 2025 Findings and Award (F&A) which denied his request for a new primary treating physician (PTP) or a second opinion. The workers' compensation administrative law judge (WCJ) had found that the applicant reached maximum medical improvement (MMI) based on reports from his PTP and a panel qualified medical evaluator (PQME). Applicant contended he is entitled to a change of PTP or a second opinion within the medical provider network (MPN) under various Labor Code sections and WCAB Rules. The Appeals Board granted the Petition for Reconsideration, deferring a final decision after reconsideration to allow for further review of the factual and legal issues.

Petition for ReconsiderationMedical Provider Network (MPN)Primary Treating Physician (PTP)Maximum Medical Improvement (MMI)Qualified Medical Evaluator (PQME)Labor Code sections 4616.3 and 4616.4WCAB Rules 9767.6(e) and 9767.7Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)Labor Code section 5909Electronic Adjudication Management System (EAMS)
References
Case No. ADJ10551695
Regular
Sep 13, 2018

JESUS TREVINO vs. YOUNG'S MARKET

This case involves an applicant, Jesus Trevino, against defendant Young's Market. The Workers' Compensation Appeals Board (WCAB) has denied Trevino's Petition for Reconsideration. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been officially denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationJesus TrevinoYoung's Marketself-insuredADJ10551695Oakland District Officeadministrative law judge
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
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