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

Case No. ADJ11039852
Regular
Sep 27, 2018

DENISE LERMA vs. BENIHANA NATIONAL CORPORATION, ZURICH NORTH AMERICA, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied Denise Lerma's Petition for Reconsideration in case ADJ11039852. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. No specific details of the original claim or the WCJ's reasoning are provided in this order. Therefore, the petition was denied based on the judge's findings.

WORKERS' COMPENSATION APPEALS BOARDDENISE LERMABENIHANA NATIONAL CORPORATIONZURICH NORTH AMERICABROADSPIREPetition for ReconsiderationDENYINGWCJ reportadopt and incorporateADJ11039852
References
Case No. ADJ342207 (VNO 0546111)
Regular
Dec 09, 2010

KATHERINE O'SULLIVAN vs. LAW OFFICES OF TERRY L. WOOD, STATE COMPENSATION INSURANCE FUND

The applicant, Katherine O'Sullivan, petitioned for reconsideration of a decision dated October 6, 2010. The Workers' Compensation Appeals Board granted this petition due to statutory time constraints and the need for further study of the factual and legal issues. The Board requires more time to fully understand the record and ensure a just decision, allowing for potential further proceedings. All future communications should be directed to the Board's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardState Compensation Insurance FundLaw Offices of Terry L. WoodKatherine O'SullivanDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesOffice of the CommissionersSan Francisco
References
Case No. ADJ2514169 (VNO 0556845)
Regular
Jul 22, 2014

Hector Dingle vs. Tobin Lucks

This case involves applicant(s) appealing a decision before the Workers' Compensation Appeals Board. The Board has dismissed the applicant's Petition for Removal as moot. This means the underlying issue raised in the petition is no longer relevant or subject to appeal. The order was filed on July 22, 2014, and served on the listed parties.

Petition for RemovalDismissedMootWorkers' Compensation Appeals BoardADJ2514169ADJ255943VNO 0556845VNO 0556846Pomona District OfficeRonnie G. Caplane
References
Case No. ADJ9052848, ADJ9052856
Regular
Dec 26, 2014

MARIA ROMERO vs. NORTHGATE GONZALEZ MARKETS, ARCH INSURANCE, ESIS, INC.

This case involves Maria Romero and her employer, Northgate Gonzalez Markets. A petition for reconsideration of a prior decision dated October 9, 2014, was filed. The petitioner has since withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalApplicantDefendantNorthgate Gonzalez MarketsArch InsuranceESIS Inc.ADJ9052848ADJ9052856
References
Case No. ADJ8812554, ADJ9050566, ADJ8818133, ADJ8818138, ADJ8757878, ADJ8848066
Regular
Aug 26, 2014

SAM FOSTER vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of multiple applications filed by applicant Sam Foster against the County of Sacramento. The WCAB adopted the reasoning of the administrative law judge's report in its decision. The Board also admonished applicant's attorney for failing to include page numbering in their filings. Consequently, all petitions for reconsideration were denied.

WORKERS' COMPENSATION APPEALS BOARDPetitions for Reconsiderationadministrative law judgedeny reconsiderationapplicant's attorneypage numberingAnswerdefendant's PetitionFRANK M. BRASSMONNIE G. CAPLANE
References
Case No. ADJ10892681, ADJ10892685
Regular
Sep 26, 2018

ISABEL VALDEZ vs. ROSS STORES, INC., ARCH INSURANCE COMPANY

This case involves a withdrawn Petition for Reconsideration filed by an unnamed petitioner in the matter of Isabel Valdez v. Ross Stores, Inc. and its insurer. The Workers' Compensation Appeals Board has issued an order dismissing the petition as a result of its withdrawal. No substantive legal issues were decided as the matter was resolved by the petitioner's action. The Board's order is dated September 26, 2018.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardRoss StoresArch Insurance CompanySedgwick Claims Management ServicesADJ10892681ADJ10892685San Diego District Office
References
Case No. ADJ9394433
Regular
Dec 04, 2017

JUAN MIGUEL GUTIERREZ GARCIA vs. JAMES AND SANDY HALL DBA GOOD GOODS, ALLSTATE INSURANCE COMPANY

This case involves a settlement proposed between the applicant and a lien claimant while the applicant's Petition for Reconsideration was pending before the Appeals Board. The Board granted reconsideration, rescinded the prior WCJ decision, and returned the case to the trial level. This action allows the WCJ to review the proposed settlement. The Board's order is not a final decision on the merits of the underlying issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantSettlementSupplemental Order Approving Compromise and ReleaseFindings of FactWorkers' Compensation Administrative Law JudgeTrial LevelRescindedReturned to Trial Level
References
Case No. ADJ7935519
Regular
Nov 04, 2014

JORGE RINCON vs. PACIFIC WHEY BAKING COMPANY, TRISTAR

The Workers' Compensation Appeals Board dismissed Jorge Rincon's Petition for Reconsideration against Pacific Whey Baking Company and Tristar. The dismissal was primarily because the petition was untimely filed. Even if it had been timely, the Board would have denied it on the merits based on the WCJ's report.

Petition for ReconsiderationUntimely FilingDismissalWorkers' Compensation Appeals BoardWCJ ReportDenied on MeritsAdministrative Law JudgeCase NumberSanta Ana District OfficePacific Whey Baking Company
References
Case No. ADJ7233668 ADJ7233692 ADJ7941780
Regular
Sep 23, 2014

WALTER MENJIVAR (DECEASED) vs. ABLE BODY LABOR, BROADSPIRE

In *Menjivar (Deceased) v. Able Body Labor; Broadspire*, the Workers' Compensation Appeals Board denied a Petition for Removal. The applicant sought to remove the cases from trial, arguing that an Agreed Medical Evaluator's report indicated a need for psychiatric expertise and that defendants' Declaration of Readiness to Proceed was defective. The Board adopted the WCJ's report, finding that any objections to the DOR were waived due to untimeliness, and that the applicant had prior opportunities to address discovery issues. Defense counsel was also admonished for failing to include her state bar number.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDEIDRA E. LOWEKATHERINE ZALEWSKIMandatory Settlement ConferenceDeclaration of Readiness to ProceedDOR defectsinformal resolutionpsychiatrist opinion
References
Case No. ADJ9715211, ADJ7823437
Regular
Apr 13, 2015

OSCAR MILLAN vs. SKB CORPORATION

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration in the case of Oscar Millan v. SKB Corporation. Although the petition was not in the proper format, it was deemed timely filed as an e-filed verified letter on January 30, 2015. The WCAB reviewed the merits of the petition, as stated in the judge's report, but ultimately found no grounds for reconsideration of the prior order. Therefore, the defendant's petition was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationReport and Recommendationworkers' compensation administrative law judgeJoint Order Approving Compromise and ReleaseElectronic Adjudication Management Systemtimely filedverified letterAmbika SapraSapra & Navarra LLP
References
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