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

Case No. ADJ11248540
Regular
Jan 10, 2019

YESICA DUARTE vs. MIXED MEDIA PRODUCTIONS INC, BARRETT BUSINESS SERVICES, INC, ACE AMERICAN BY CORVEL

The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order dismissing a Petition for Removal filed by Mixed Media Productions Inc. and its representatives. This dismissal is solely due to the defendant's withdrawal of the petition. The matter originated from a case involving applicant Yesica Duarte.

Petition for RemovalDismissedWorkers' Compensation Appeals BoardMixed Media Productions IncBarrett Business ServicesAce AmericanCorvelADJ11248540Marina del ReyWithdrawn Petition
References
Case No. ADJ1381123 (VNO 0509657)
Regular
May 23, 2014

JERRY DILEVA vs. NORTHRUP GRUMMAN SYSTEMS CORP., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Administered by AIG CLAIMS, INC.

In this workers' compensation case, the defendant, Northrup Grumman Systems Corp., petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition for reconsideration. This action allows the WCAB further opportunity to thoroughly review the factual and legal issues presented. The WCAB intends to issue a just and reasoned decision after their complete review and any necessary further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTEDSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONFURTHER PROCEEDINGSOFFICE OF THE COMMISSIONERSSAN FRANCISCOELECTRONIC ADJUDICATION MANAGEMENT SYSTEM
References
Case No. ADJ3514782 (VNO 0144032), ADJ918354 (VNO 0144033)
Regular
Oct 08, 2012

Ellen Braswell vs. Los Angeles Unified School District, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petitions for Reconsideration because they were filed from interlocutory orders, not final decisions determining substantive rights. Furthermore, the WCAB denied the applicant's Petitions for Removal as she failed to demonstrate substantial prejudice or irreparable harm. Both petitions sought to strike a QME report, which is not a final appealable order. Consequently, the WCAB upheld the WCJ's findings.

WCABPetition for ReconsiderationPetition for RemovalFinding and OrderQME Panelapplicant in propria personafinal ordersubstantive rightinterlocutoryprocedural decision
References
Case No. ADJ3002774
Regular
Jun 10, 2014

ROWLAND COX vs. J.F. SHEA CONSTRUCTION, INC., AMERICAN HOME ASSURANCE INSURANCE COMPANY, CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board denied a Petition for Removal filed by Rowland Cox against J.F. Shea Construction, Inc. and its insurer. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. No specific grounds for the denial or details of the underlying case are provided in this order.

Petition for RemovalWorkers' Compensation Appeals BoardJ.F. Shea ConstructionAmerican Home AssuranceChartis ClaimsWorkers' Compensation Administrative Law JudgeADJ3002774LAO 0882805Anaheim District OfficeDenying Removal
References
Case No. ADJ663546
Regular
Oct 01, 2009

Sudha Rajender vs. TOBIN LUCKS, MALMQUIST, FIELDS & CAMASTRA

The WCJ found insufficient evidence of significant stress to support a conclusion that work stress contributed to applicant's coronary heart disease. The Board affirmed the WCJ's determination and denied the petition for reconsideration.

Workers' Compensation Appeals BoardSudha RajenderTobin LucksMalmquist Fields Camastracumulative trauma injurymyocardial infarctionQualified Medical EvaluatorDr. Gerald Bessespetition for reconsiderationindustrial causation
References
Case No. ADJ2826672
Regular
Oct 07, 2011

LAURA MATOOK vs. NEW LIFE CINEMA, TRAVELERS INSURANCE COMPANY

In *Matook v. New Life Cinema*, the applicant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted the petition. This action allows the WCAB further time to study the factual and legal issues involved to ensure a just and reasoned decision. All future filings must now be directed to the Commissioners' Office in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStatutory time constraintsFactual and legal issuesDecision After ReconsiderationCommissioners' OfficeKegel Tobin Malter Law CorporationApplicantDefendantsTravelers Insurance Company
References
Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
Case No. ADJ10120415
Regular
Jul 24, 2017

ZENAIDA BALDERAS vs. UNITED STAFFING ASSOCIATES, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied Zenaida Balderas's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is not an adequate remedy. The Board found that Balderas failed to demonstrate these conditions, adopting the WCJ's reasoning for denial. Therefore, the Petition for Removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ reportExtraordinary RemedyFrankin MealandTobin LucksFocil Law Firm
References
Case No. ADJ1889994
Regular
Oct 28, 2010

DARRELL FULLINGTON vs. TAMPA BAY BUCCANEERS

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the applicant's case has been settled. The Board rescinded the prior findings and award and returned the matter to the trial level. This allows the judge to approve the settlement, or if not approved, the original decision can be reinstated and reconsidered.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionTrial Level ProceedingsFindings and AwardWorkers' Compensation Administrative JudgeSettlement ApprovalFurther ProceedingsPetition for ReconsiderationDefendant's Letter
References
Case No. ADJ9047894
Regular
Aug 26, 2014

PEDRO PICENO vs. WEBER LOGISTICS, TRAVELERS

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration of a prior decision. Reconsideration was granted to allow for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB, not with any district office or electronically.

Petition for ReconsiderationWeber LogisticsTravelersADJ9047894Pomona District OfficeJune 112014statutory time constraintsfactual and legal issuesjust and reasoned decision
References
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