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

Case No. ADJ2516908
Regular
Feb 23, 2010

LETICIA TAPIA-SERRATO vs. MISSION FOODS, AMERICAN HOME ASSURANCE, INC., CHARTIS CLAIMS, INC.

This case involves Mission Foods (defendant) petitioning for reconsideration of a Workers' Compensation Appeals Board decision. The defendant claimed a mutual mistake regarding the EDD lien in a Compromise and Release agreement. However, the Board denied reconsideration, adopting the WCJ's report that found no mutual mistake. The defendant admitted awareness of the EDD lien and signed an agreement making them responsible for all liens.

WORKERS' COMPENSATION APPEALS BOARDMISSION FOODSAMERICAN HOME ASSURANCECHARTIS CLAIMSINC.LETICIA TAPIA-SERRATOORDER DENYING RECONSIDERATIONEDD LIENCOMPROMISE AND RELEASEMUTUAL MISTAKE
References
0
Case No. ADJ8584353 ADJ8661296
Regular
Sep 26, 2016

ROBERTO TAPIA vs. ANHEUSER-BUSCH BEACH CITIES, ACE AMERICAN INSURANCE COMPANY

This case involves applicant Roberto Tapia's petition for reconsideration of a workers' compensation award, which was denied. The Board upheld the finding that Tapia sustained work-related injuries and affirmed the temporary and permanent disability indemnity awarded. Tapia's arguments regarding an increased permanent disability rate and entitlement to a job displacement voucher were rejected due to a prior stipulation and failure to follow proper procedure, respectively. Other claims were deemed outside the scope of a reconsideration petition.

Workers' Compensation Appeals BoardAnheuser-BuschACE American Insurance CompanySedgwick RiversideRoberto TapiaFindings and AwardTemporary Disability IndemnityPermanent Disability IndemnitySubsequent Job Displacement BenefitPetition for Reconsideration
References
3
Case No. ADJ2398835
Regular
Sep 19, 2008

LETICIA FERNANDEZ vs. MT. ST. MARY'S COLLEGE, CIGA, BROADSPIRE SERVICES, LEGION INSURANCE COMPANY, VILLANOVA INSURANCE COMPANY, SPECIALTY RISK SERVICES, CONVERIUM INSURANCE, INC.

The Appeals Board corrects a clerical error in the applicant's name in the caption of the "Opinion and Order Granting Reconsideration and Decision After Reconsideration" of September 8, 2008, changing it from "Leticia Hernandez" to "Leticia Fernandez".

Workers' Compensation Appeals BoardClerical ErrorReconsiderationOpinion and OrderApplicant NameCaption CorrectionLiquidating InsurersFacilitating AgencyMt. St. Mary's CollegeCIGA
References
1
Case No. ADJ4122506 (VNO 0509901) ADJ557965 (VNO 0510514)
Regular
Jun 15, 2010

SURENDER TAPIA vs. ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board order denies the employer's petition for reconsideration in the case of Surender Tapia vs. Zenith Insurance Company. The Board adopted and incorporated the findings of the Workers' Compensation Judge. Crucially, the Board gave "great weight" to the judge's credibility findings. Therefore, the petition for reconsideration has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportCredibility findingGarza v. Workers' Comp. Appeals Bd.Order Denying ReconsiderationZenith Insurance CompanySurender TapiaADJ4122506
References
1
Case No. ADJ8283950
Regular
Oct 23, 2013

Leticia Espinoza vs. County of Contra Costa

This case concerns the date of injury for a cumulative trauma claim, specifically applicant Leticia Espinoza's claim against the County of Contra Costa. The defendant argued the date of injury was in 2008, limiting temporary disability benefits. However, the Workers' Compensation Appeals Board denied the petition for reconsideration. The Board found that two days of missed work in 2008 did not constitute "compensable" temporary disability due to the statutory waiting period and lack of medical substantiation or proven wage loss. Furthermore, evidence did not establish permanent disability in 2008, as work restrictions were temporary and the applicant was later released to full duty.

Labor Code section 5412date of injurycumulative injurytemporary disabilitypermanent disabilitycompensable temporary disabilitywaiting periodwage losspermanent and stationarymodified duty
References
1
Case No. ADJ8480026
Regular
Jan 14, 2019

Patricia Tapia vs. International Laser, Twin City Fire Insurance

This case involves a workers' compensation applicant, Patricia Tapia, who sustained spinal and upper extremity injuries. The defendant, Twin City Fire Insurance, sought reconsideration of a prior order finding that lien claimant Scripte Corporation had timely filed a required declaration. The parties subsequently engaged in mediation and reached a settlement resolving Scripte's lien for $2,850.00. The Board rescinded the original Findings and Order and approved the lien settlement agreement.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderAdministrative Law JudgeCumulative InjuryCervical SpineLumbar SpineRight Upper ExtremityLien ClaimantLabor Code Section 4903.05(c)
References
0
Case No. GRO 0033531
Regular
Dec 27, 2007

LETICIA GOMEZ vs. SANTA BARBARA COUNTY EDUCATION OFFICE, WORKERS' COMPENSATION ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration to study the issues in applicant Leticia Gomez's case against the Santa Barbara County Education Office. The applicant has since advised the Board that the case is being settled by compromise and release. Consequently, the Board has rescinded its previous Findings, Award, and Orders and returned the matter to the trial level for review and approval of the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersCompromise and ReleaseRescindedReturned to Trial LevelWCJSelf-InsuredAdjusting AgencyOpinion and Decision
References
0
Case No. ADJ8312614, ADJ9055869
Regular
Sep 02, 2017

IMELDA TAPIA DE RODRIGUEZ vs. BIRRIERIA JALISCO, FARMERS INSURANCE, CYPRESS INSURANCE COMPANY

This case consolidates two workers' compensation claims filed by applicant Imelda Tapia De Rodriguez against Birrieria Jalisco. In one claim (ADJ9055869), the WCJ found a specific injury occurred but was barred by the post-termination defense; the Appeals Board affirmed this finding. In the other claim (ADJ8312614), the WCJ found no injury arose out of employment, which the Appeals Board also affirmed, relying on medical evidence and applicant's failure to properly cite record support in her petition. Applicant appealed, arguing the post-termination defense was inapplicable due to employer notice issues and that her credibility was wrongly assessed without proper interpreter use. A dissenting opinion argues that exceptions to the post-termination defense, specifically notice to the employer prior to termination and the date of injury occurring after termination, should have been applied, warranting reversal and further proceedings.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and OrdersPost-Termination DefenseLabor Code Section 3600(a)(10)Statute of LimitationsLabor Code Section 3550Notice of RightsQualified Medical EvaluatorSubstantial Evidence
References
10
Case No. ADJ1914194 (SFO 0468596)
Regular
Nov 10, 2011

RAFAEL TAPIA vs. MEDIA NEWS GROUP, INC./ANG dba THE ARGUS NEWSPAPER, LIBERTY MUTUAL INSURANCE COMPANY

This case involves applicant Rafael Tapia's Petition for Reconsideration, which the Workers' Compensation Appeals Board (WCAB) denied. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) in denying reconsideration. Additionally, the applicant's Petition for Removal was dismissed as untimely. Therefore, both the Petition for Reconsideration and the Petition for Removal have been resolved against the applicant.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovaluntimelyWCJ reportDENIEDDISMISSEDMEDIA NEWS GROUPLIBERTY MUTUAL INSURANCE COMPANYADJ1914194
References
0
Case No. ADJ7691282
Regular
Jan 25, 2013

LETICIA MONREAL vs. LABORATORY CORP. OF AMERICA/LABCORP., ACE AMERICAN INSURANCE, administered by BROADSPIRE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a decision finding that Leticia Monreal sustained a work-related injury to her right hip and back from a slip and fall. The WCAB affirmed the Workers' Compensation Judge's (WCJ) credibility findings regarding the applicant's consistent reporting of the incident. The WCAB also upheld the award of temporary total disability benefits, noting the defendant's stipulation to this fact based on treating physician reports.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.Labor and EmploymentInjurySlip and FallTemporary DisabilityPhlebotomistAgreed Medical Evaluator
References
1
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