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

Case No. ADJ1456139
Regular
Apr 09, 2012

JOYCE TIGHE vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied reconsideration of a decision disallowing a lien claim from The Dental Trauma Center. The lien claimant's attorney failed to comply with Board regulations, including proper formatting and exhibit identification. The Board adopted the judge's report, which found that the lien claimant failed to meet its burden of proof in demonstrating that its dental services were reasonable and necessary to cure or relieve the effects of the applicant's stipulated industrial injuries, which did not include dental issues. Furthermore, the report of a consulting dentist, admitted over objection, also indicated that many of the services and charges were unreasonable or excessive.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictPermissibly Self-InsuredADJ1456139LBO 0298310Order Denying ReconsiderationLien ClaimantPetition for ReconsiderationWCJReport of Administrative Law Judge
References
Case No. ADJ2825571 (LBO 0359176)
Regular
Mar 19, 2012

RONALD METSKER (dec.); KIMBERLY METSKER (dec.), JEREMY DIXON, ET AL. vs. DOUBLETREE CLUB HOTEL; CALIFORNIA INDEMNITY INSURANCE CO.

This order denies a petition for reconsideration in the case of *Metsker (dec.) et al. v. Doubletree Club Hotel*. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding the judge's reasoning sound and incorporated into their decision, the WCAB denied the reconsideration. The specific grounds for the original decision and the reasons for denial are detailed in the judge's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDenying ReconsiderationRonald MetskerKimberly MetskerJeremy DixonDoubletree Club HotelCalifornia Indemnity Insurance Co.ADJ2825571
References
Case No. LBO 0316609, LBO 0316610
Regular
Dec 26, 2007

CLORIA CONTRERAS vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Permissibly Self Insured, Adjusted by OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied reconsideration for Case LBO 316609, upholding the finding of no disability from a cumulative right shoulder injury. For Case LBO 316610, the Board granted reconsideration and amended the award to defer the issues of temporary disability and the applicant's permanent and stationary date, while affirming the rest of the original decision, including the 23% permanent disability rating. The Board's decision aligns with the judge's report, which recommended further development of the record on deferred issues and temporary disability.

WCABPetition for ReconsiderationFindings and OrderFindings and AwardIndustrial InjuryFibromyalgiaPermanent DisabilityTemporary DisabilityQualified Medical ExaminerPermanent and Stationary Date
References
Case No. ADJ3546267 (LBO 0364744)
Regular
Apr 02, 2013

JOSE ZAVALA vs. CAL-STATE AUTO PARTS, INC., AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This order from the Workers' Compensation Appeals Board dismisses Applicant Jose Zavala's Petition for Reconsideration and denies removal. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's Report and Recommendation. Therefore, the petition is dismissed, and removal is denied.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENY REMOVALADMINISTRATIVE LAW JUDGEREPORT AND RECOMMENDATIONDISMISSEDDENIEDADJ3546267LBO 0364744CAL-STATE AUTO PARTS
References
Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
Case No. ADJ1129507
Regular
May 23, 2013

CARLOS LEDESMA vs. CALIFORNIA FURNITURE SUPPLY COMPANY, ZENITH INSURANCE COMPANY

This case involves a petition for reconsideration filed by applicant Carlos Ledesma against California Furniture Supply Company and Zenith Insurance Company. The Workers' Compensation Appeals Board has reviewed the petition and the administrative law judge's report. The Board has adopted the judge's recommendation and ordered the dismissal of the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReport and RecommendationDismissalCarlos LedesmaCalifornia Furniture Supply CompanyZenith Insurance CompanyADJ1129507LBO 0384640
References
Case No. ADJ1036250 (LBO 0379542)
Regular
Jan 02, 2014

RAMON BAUTISTA vs. DE LA ROSA MANUFACTURING, INC., BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANY AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration filed by a lien claimant in the case of Bautista v. De La Rosa Manufacturing, Inc. The WCAB found the petition to be untimely because it was filed more than 25 days after the October 15, 2013 order, exceeding the statutory deadline. Additionally, the petition was dismissed for being unverified. Therefore, the WCAB ordered the Petition for Reconsideration dismissed.

Petition for ReconsiderationUntimely filingLabor Code section 5903Code of Civil Procedure section 1013DismissalUnverifiedWorkers' Compensation Appeals BoardAdministrative law judgeLien claimantDe La Rosa Manufacturing
References
Case No. ADJ2263859 (LBO 0377745)
Regular
Feb 02, 2015

GUADALUPE MONTANO vs. COUNTRYWIDE FINANCIAL CORP., ACE USA/ESIS

In *Montano v. Countrywide Financial Corp.*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The WCAB adopted the findings of the administrative law judge's report. The petition was dismissed solely because it was untimely filed.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRecord ReviewIncorporated ReportPermissibly Self-InsuredAdjusted by ACE USA/ESIS
References
Case No. ADJ1457637
Regular
May 20, 2014

NEOMI SEQUEIROS vs. COMPTON UNIFIED SCHOOL DISTRICT, GALLAGHER BASSETT

The Workers' Compensation Appeals Board has dismissed a Petition for Reconsideration filed by Compton Unified School District and Gallagher Bassett in the case of Neomi Sequeiros. This dismissal is due to the petitioner's withdrawal of the petition. The original decision being reconsidered was issued on March 5, 2014. The Board formally issued this dismissal order on May 20, 2014.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCompton Unified School DistrictGallagher BassettNeomi SequeirosADJ1457637LBO 0366014March 5 2014
References
Case No. ADJ1029994 (LBO 0391256)
Regular
Sep 09, 2004

WALTER PEARCE vs. LAIDLAW EDUCATION SERVICES, SEDGWICK CMS

This order dismisses Laidlaw Education Services' and Sedgwick CMS' petition for removal. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report in reaching this decision. The petition for removal is therefore dismissed.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportLAIDLAW EDUCATION SERVICESSEDGWICK CMSADJ1029994LBO 0391256
References
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