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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ9709124
Regular
Jul 12, 2019

FELIPE VERDUZCO vs. JT WIMSATT CONTRACTING COMPANY, AMERICAN CLAIMS MANAGEMENT

This case involves lien claimants ResHealth and Javlin seeking reconsideration of a decision that denied ResHealth standing due to its dissolved corporate status. The Appeals Board has rescinded the prior findings and returned the case to the trial level for consolidation. This consolidation, under the master file *Patricia Valles vs. JIB Holdings I LLC*, aims to address common legal and factual issues concerning ResHealth's liens and potential stays under Labor Code section 4615. The consolidation will ensure consistent rulings, protect due process, and promote judicial economy.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsLabor Code 4615Corporate Status SuspensionFranchise Tax BoardConsolidationMaster FileSpecial Adjudication UnitDue Process
References
Case No. ADJ460672 (SFO 0499592), ADJ1224818 (SFO 0499593)
Regular
May 03, 2012

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case involves an applicant, Hamid Khazaeli, who filed a petition with the Workers' Compensation Appeals Board (WCAB). The petition sought reconsideration, removal, disqualification, and to compel testimony from judicial officers. The WCAB, adopting the recommendation of the administrative law judge, has dismissed Khazaeli's petition. Therefore, the applicant's request for further review and action is denied.

ADJ460672ADJ1224818SFO 0499592SFO 0499593Spedia.com Inc.Sysmaster Corp.Great American Insurance CompanyPetition for ReconsiderationPetition for RemovalDisqualification
References
Case No. ADJ7500183
Regular
Oct 07, 2014

RAMON MARTIN vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, finding it frivolous and filed in bad faith. The Board imposed a $750 sanction against defendant's attorneys, Tricia Pride and Hinshaw & Culbertson, LLP. This sanction was for falsely asserting judicial misconduct by the judge in the petition. The attorneys' subsequent response failed to adequately explain or apologize for their conduct.

Workers' Compensation Appeals BoardRemovalSanctionFrivolous PetitionBad-Faith ConductJudicial MisconductCode of Judicial EthicsLabor Code Section 123.6Industrial InjuryLeft Knee Surgery
References
Case No. ADJ9567662, ADJ9567850
Regular
Aug 28, 2018

JOSE ORTIZ vs. UQUALITY AUTOMOTIVE PRODUCTS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The WCAB granted Mesa Pharmacy's petition for reconsideration, rescinded the prior Findings and Order, and returned the case for further proceedings. This action was taken to consolidate over 19,000 cases, including this one, under the master file *Melvin Garcia Galdames vs. Vinyl Technology, Inc.*, to address common issues regarding Mesa Pharmacy liens and Labor Code section 4615. The consolidation aims to avoid inconsistent orders and efficiently utilize judicial resources. The decision does not constitute a final determination on the merits of any pending issues.

Mesa PharmacyLabor Code Section 4615Order of ConsolidationWCAB Rule 10589John Garbinocriminal proceedinglien claimantjoint findings and orderpetition for reconsiderationrescinded
References
Case No. ADJ9174794
Regular
Aug 28, 2018

SILVIA SARABIA vs. DULE KS ENTERPRISES, INC., THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a prior finding that Mesa Pharmacy's lien was stayed under Labor Code section 4615. This specific case, along with over 19,000 others involving Mesa Pharmacy, has been consolidated under the master file *Melvin Garcia Galdames vs. Vinyl Technology, Inc.* to address common factual and legal issues. The Board rescinded the prior order regarding Mesa's lien to allow for further consideration and returned the matter to the trial level for inclusion in the consolidated proceedings. This decision aims to ensure substantial justice and efficient utilization of judicial resources by avoiding duplicate or inconsistent orders.

Labor Code section 4615Petition for ReconsiderationJoint Findings and OrderLien ClaimantOrder of ConsolidationWCAB Rule 10589Common Issues of Fact and LawOwnership and ControlCriminal ProceedingsJudicial Resources
References
Case No. ADJ7049967 & ADJ7050135; ADJ7069022 and ADJ7022080 & ADJ7022076
Regular
Mar 09, 2011

DAVID HENRIQUEZ, JAVIER ESPINOZA, NELSON TORRES-GODINEZ vs. VALET DETAIL SERVICE AND AUTO RESTORATION, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board granted a Petition for Removal to vacate a prior order consolidating three applicant cases. The Board found no common issues of fact sufficient to justify consolidation, as each applicant had distinct alleged injuries and layoff dates. Consolidation was deemed inappropriate because it would cause significant prejudice to one applicant by delaying their ready-for-trial case. The Board also noted that the convenience of defense witnesses does not outweigh the risk of confusion and inefficient judicial resource utilization.

Petition for RemovalConsolidation inappropriateCommon issues of factPrejudice to applicantPost-Termination DefenseLabor Code sections 3600(a)(10)Labor Code section 3208.3Injury AOE/COEDate of injuryCumulative injury
References
Case No. ADJ2601082 (SRO 00994437), ADJ641109 (SRO 0137184), ADJ2342446 (SRO 0132314) ADJ3682825 (SRO 0132313)
Regular
Jun 16, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. KMART CORPORATION; and SEDGWICK, TYRIS CORPORATION and STATE COMPENSATION INSURANCE FUND, G&G FOODS: STATE COMPENSATION

This case consolidates three workers' compensation matters involving attorney fee disputes before the same Workers' Compensation Judge. The petitioners argue that the judge erred by prioritizing attorney time spent over other factors in determining fees and by applying an arbitrary 12% cap. The Board granted consolidation and removed the cases for reconsideration, finding common legal and factual issues that necessitate further review to ensure just and reasoned decisions. The employer is ordered to pay settlement proceeds while withholding 15% pending the Board's final determination.

Workers Compensation Appeals BoardConsolidationRemovalAttorney's FeeReconsiderationFinding and OrderCompromise and ReleaseWCJWCAB Rule 10778Itemization of Time
References
Case No. ADJ10425439, ADJ10362487
Regular
Sep 14, 2017

KIM PONCE vs. APPLE AMERICAN GROUP; ESIS

This case involves a petition for removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ). The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's decision. The board reiterated that allegations of bias must be specific and supported by facts, not mere conclusions. Expressions of opinion by a WCJ based on evidence and legal interpretation do not constitute disqualifying bias, nor do unfavorable rulings.

Petition for Removal and DisqualificationWCJ disqualificationaffidavit of prejudicejudicial biaslegal issue opinionfactual issue opinionevidence presentationcase law applicationjudicial temperamenterroneous rulings
References
Case No. ADJ11816386
Regular
Nov 03, 2020

KRISTINA JONES vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision, affirming the award of temporary total disability. The amended decision clarifies that the temporary disability indemnity rate is to be adjusted by the parties based on a stipulated monthly earnings of approximately $7,855.65. Jurisdiction is reserved at the trial level to resolve any disputes regarding the indemnity rate. The original award of temporary disability for the period found remains affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeTemporary Disability Indemnity RateStipulation of EarningsJudicial EfficiencyIndemnity Rate AdjustmentJurisdiction ReservedLabor Code Section 4656(c)(2)Petition to Terminate
References
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