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

Case No. ADJ6890644
Regular
Jun 18, 2012

OSCAR DE LEON vs. KOHLS BUILDING MAINTENANCE, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board granted reconsideration for four lien claimants who were denied due process. The WCJ had issued Orders to Pay, purporting to fully satisfy lien claims, without conducting a trial because the applicant was absent. The Board held that lien claimants are entitled to a trial to present evidence and make a record, regardless of applicant attendance. Therefore, the Orders to Pay were rescinded and the case returned for further proceedings and a new decision, including potential lien trials.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrders To PayLien ClaimantDue ProcessWCJAdministrative Law JudgeTrial LevelRescindedSubstantial Justice
References
Case No. SJO 0235006
Regular
Apr 04, 2008

Geronimo Vasquez vs. RAMOS BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered a prior award for Geronimo Vasquez's back injury, adjusting the permanent disability. The Board found that 20% of the applicant's permanent disability should be apportioned to a pre-existing condition, reducing the overall award. The weekly indemnity rate was also corrected from $230.00 to $93.33.

Workers Compensation Appeals BoardGeronimo VasquezRamos Building MaintenanceState Compensation Insurance FundSJO 0235006ReconsiderationPermanent DisabilityApportionmentPre-existing ConditionQualified Medical Evaluator
References
Case No. ADJ8699847, ADJ8699854
Regular
Oct 12, 2016

JUAN VAZQUEZ vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted the findings of the workers' compensation administrative law judge (WCJ), emphasizing that one physician's opinion can be substantial evidence. The Board also gave great weight to the WCJ's credibility determination based on observing witness demeanor and found no substantial evidence to overturn it. Therefore, the Petition for Reconsideration was denied.

Petition for ReconsiderationDeniedWCJ ReportSubstantial EvidenceMedical OpinionsCredibility DeterminationPlace v. Workmen's Comp. Appeals Bd.Garza v. Workmen's Comp. Appeals Bd.Workers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. SFO 0495098
Regular
Jan 14, 2008

SALVADOR GARCIA vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended the original award, reducing the applicant's permanent disability rating from 29% to 17%. This decision was based on the persuasive opinion of one medical evaluator who found minimal neck complaints, deeming a prior report stale and lacking substantial evidence regarding neck impairment. Consequently, the applicant's permanent disability indemnity was reduced to $15,023.64.

Salvador GarciaAble Building MaintenanceZurich North America Insurance CompanySFO 0495098Opinion and Order Granting ReconsiderationFindings and Awardindustrial injuryshouldersneckjanitor
References
Case No. ADJ7472541
Regular
Sep 02, 2014

MIRNA REYES vs. PREMIER BUILDING MAINTENANCE SERVICES, ZURICH NORTH AMERICA

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was primarily based on the petition not being timely-filed, as the applicant's representative received personal service of the underlying order. Even if the petition had been considered timely, the Board indicated it would have been denied on the merits. Consequently, the Board formally ordered the dismissal of the petition for reconsideration.

Petition for ReconsiderationDismissing PetitionTimely-filedPersonal ServiceOrder Dismissing LienWCJ Report20-day time limitService by mailMeritsWorkers' Compensation Appeals Board
References
Case No. ADJ3957101 (MON 016734) ADJ1291830 (MON 0167365) ADJ4108249 (MON 0220700) ADJ1875502 (MON 0220705) ADJ4524125 (MON 0220706) ADJ167513 (MON 0220708)
Regular
Aug 10, 2011

GIUSEPPE CATRUCCO vs. KAISER FOUNDATION HOSPITAL, SUBSEQUENT INJURIES BENEFIT TRUST FUND

This Workers' Compensation Appeals Board order denies reconsideration of a petition related to Subsequent Injuries Fund (SIF) benefits. The Board affirmed the WCJ's decision, relying on the precedent set in *Hernandez v. Commercial Building Maintenance*, which requires a permanently partially disabled employee to demonstrate additional disability from a single subsequent injury to qualify for SIF benefits. Multiple subsequent injuries cannot be combined to meet this statutory threshold, and legislative changes have not altered this interpretation.

WORKERS' COMPENSATION APPEALS BOARDGIUSEPPE CATRUCCOKAISER FOUNDATION HOSPITALSUBSEQUENT INJURIES BENEFIT TRUST FUNDORDER DENYING RECONSIDERATIONworkers' compensation administrative law judgeWCJLabor Code section 4751subsequent compensable injurySubsequent Injuries Fund
References
Case No. ADJ8982130
Regular
Aug 22, 2014

JOSE SANCHEZ vs. DE ANZA BUILDING & MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Sanchez's Petition for Reconsideration against De Anza Building & Maintenance. This dismissal was primarily due to the petition not being verified as required by Labor Code section 5902. The WCAB also indicated that even if the petition had been verified, it would have been denied on its merits, adopting the reasoning of the administrative law judge's report. The order was dated and filed on August 22, 2014.

Petition for ReconsiderationLabor Code section 5902VerifiedDismissedReport and RecommendationWorkers' Compensation Administrative Law JudgeWCJDeny on the meritsSmith v. Workers' Comp. Appeals Bd.Lucena v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8753985; ADJ8753959
Regular
Dec 02, 2015

BOB BORBECK vs. ACE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

This case concerns a dispute over a workers' compensation lien filed by the Employment Development Department (EDD). The defendant, Ace Building Maintenance, settled a workers' compensation claim via Compromise and Release (C&R) with the applicant, Bob Borbeck, while aware of EDD's lien for unemployment benefits that duplicated temporary disability payments. The defendant argues they provided sufficient notice to EDD regarding benefit payments and should not be liable for the lien. However, the Board denied the defendant's petition for reconsideration, finding them liable for EDD's lien because they settled the case without resolving it, thus agreeing to pay any subsequently determined amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderCompromise and ReleaseEDD LienUnemployment Compensation BenefitsTemporary Disability BenefitsLabor Code Section 4904Notice of Lien ClaimDuplicate Benefits
References
Case No. ADJ6751788
Regular
Aug 16, 2010

MOISES ROBLES GARCIA vs. ABLE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a finding of industrial injury for applicant Moises Robles Garcia. Defendant Able Building Maintenance argued the applicant failed to prove injury arising out of and occurring in the course of employment (AOE/COE) and raised affirmative defenses of intoxication and material deviation. The Board rescinded the original decision and returned the case to the trial level for further proceedings, specifically to determine AOE/COE and consider the applicant's credibility and deposition transcripts. The WCJ must now make a determination on AOE/COE and potentially other defenses.

AOE/COEintoxication defensematerial deviationexcluded evidencedeposition transcriptswitness demeanorcredibilitypreponderance of the evidencecausal connectionrational incident of work
References
Case No. ADJ10945029
Regular
Sep 17, 2018

DANIEL BORRERO vs. PREFERRED BUILDING SERVICES dba PREFERRED BUILDING \& MAINTENANCE, MID-CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration. The Board rescinded the administrative law judge's dismissal order and returned the case to the trial level for further proceedings. This action was based on the applicant's contention that the dismissal was improper as he had amended his claim to name the correct employer and insurer. The Board adopted the WCJ's report and recommendation supporting reconsideration.

Petition for ReconsiderationOrder of DismissalAmendmentCorrect EmployerCorrect InsurerTrial LevelRescindWorkers' Compensation Appeals BoardAdministrative Law JudgeFurther Proceedings
References
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