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

Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
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. ADJ10037291
Regular
Apr 01, 2025

Adan Alvarez vs. Victor Manuel Martinez, Justine Marie Martinez

The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a decision that allowed applicant Adan Alvarez to pursue a workers' compensation claim against Victor Manuel Martinez and Justine Marie Martinez despite his failure to file a proof of claim in the employers' bankruptcy proceedings. UEBTF contended that Alvarez was required to file a proof of claim in a Chapter 7 asset bankruptcy. The Appeals Board denied UEBTF's petition, affirming its prior decision. The Board distinguished this case from previous rulings, concluding that an employee's failure to file a proof of claim in bankruptcy is not fatal to their workers' compensation claim if no award exists at the time of the bankruptcy discharge.

UEBTFbankruptcyproof of claimChapter 7 assetChapter 7 no assetdischarge injunctionLabor Code section 3716Ortiz v. Workers' Comp. Appeals Bd.Slali v. RuizWCJ
References
Case No. ADJ3408070
Regular
Dec 29, 2011

CARLOS LOPEZ vs. COBBLESTONE, STATE COMPENSATION INSURANCE FUND

Here's a summary for a lawyer: Biocare RX Specialty Pharmacy sought reconsideration of a lien dismissal, arguing a representative was available by phone for trial. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The dismissal order was issued June 13, 2011, and served June 22, 2011, giving the lien claimant 25 days to file for reconsideration. The petition was filed on October 31, 2011, exceeding the jurisdictional deadline.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienUntimely FilingJurisdictional Time LimitWCJBiocare RX Specialty PharmacyLabor Code section 5903Code of Civ. Proc.section 1013
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
Case No. ADJ2738569 (LAO 0759524) ADJ553488 (LAO 0759510)
Regular
Oct 29, 2010

CONNIE ALVIZO vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Permissibly Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the applicant's entitlement to 24/7 home health care. The Board adopted the WCJ's report and emphasized that the defendant failed to submit the primary treating physician's request for this care to mandatory utilization review. Citing *Sandhagen*, the Board affirmed that Labor Code § 4610 utilization review is the sole mechanism to challenge medical treatment requests. Therefore, the defendant's failure to follow this process bars their current challenge to the 24/7 home health care.

Workers' Compensation Appeals BoardConnie AlvizoDepartment of Industrial RelationsPermissibly UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and Orderhome health care24 hour/7 days per weeksenior legal stenographer
References
Case No. ADJ3629440 (SRO 0138263) ADJ2314354 (SRO 0138264)
Regular
Feb 26, 2009

SCOTT BENNETT vs. RENAISSANCE MARRIOTT LODGE, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The applicant was found to have sustained industrial injury to his low back. The Board modified the temporary disability period from "June 6, 2006 to the present and continuing" to "June 7, 2006 through October 1, 2007." Jurisdiction was reserved at the trial level regarding temporary disability after October 1, 2007.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityMedical EvidenceFurther Development of Medical RecordJoint Findings Award and OrderIndustrial InjuryCookCumulative InjuryLow Back Injury
References
Case No. ADJ2759696 (VNO 0492027)
Regular
Oct 11, 2010

WOON YOUNG PARK vs. FILM PAYMENT SERVICES, INC., CHARTIS INSURANCE

The Board granted reconsideration, rescinding the WCJ's decision on the defendant's credit for overpaid temporary disability. The defendant is allowed credit for temporary disability payments made from March 26, 2009, to June 3, 2009, at the temporary disability rate. Further credit is granted for payments made from June 4, 2009, to December 7, 2009, at the permanent disability rate of $185.00 per week. The Board denied further credit due to insufficient evidence regarding post-AME report overpayments.

Petition for ReconsiderationPermanent DisabilityTemporary DisabilityCreditStipulated AwardAgreed Medical ExaminationPermanent and StationarySection 4909Abuse of DiscretionDue Process
References
Case No. ADJ8608413
Regular
Feb 11, 2014

ANTONIO MORALES CASILLAS vs. 7-ELEVEN, MITSUI MARINE & FIRE INSURANCE COMPANY OF AMERICA, administered by MITSUI SUMITOMO MARINE MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied reconsideration of a decision that found the applicant did not sustain an injury arising out of and in the course of his employment. The Board adopted the judge's report, which emphasized the applicant's inconsistent statements regarding the injury mechanism and the lack of corroborating evidence. The judge found the applicant's testimony not persuasive, particularly in light of subsequent work performed after the alleged incident. Therefore, reconsideration was denied.

AOE/COEPetition for ReconsiderationWCJ7-Elevencashier clerklow back injurymedical evidenceinconsistent testimonycorroborating evidencecredibility
References
Case No. ADJ4513629
Regular
May 29, 2009

Richard Galindo vs. MV TRANSPORTATION, INC, GROADSPIRE, a CRAWFORD COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision finding applicant sustained industrial back injury. The defendant, Broadspire, challenges the finding that the applicant was not the initial physical aggressor, citing a videotape of the incident. Reconsideration was granted to allow the Board to review this videotape, which was admitted as evidence but was not readily available. The defendant is ordered to provide the videotape to the Board within fifteen days for review.

Workers' Compensation Appeals BoardMV TransportationBroadspireCrawford Companyinitial physical aggressorLabor Code section 3600(a)(7)industrial injuryback injurybus drivervideotape evidence
References
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