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

Case No. ADJ7339980
Regular
Dec 24, 2014

EDITH GALVEZ vs. HANFORD HOTELS, LLC, AMERICAN HOME ASSURANCE, HELMSMAN

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration due to a failure to meet the verification requirements of Labor Code section 5902. Specifically, the petition and its attached verifications were either unsigned or defective, preventing the Board from confirming proper execution. Even if the petition had been properly verified, the WCAB would have denied it on the merits based on the administrative law judge's report.

Petition for ReconsiderationVerificationLabor Code Section 5902DismissalWorkers' Compensation Appeals BoardWCJHanford HotelsLLCAmerican Home AssuranceHelmsman
References
Case No. ADJ8327776
Regular
Oct 18, 2012

PATRICK CURTIS BUDGE vs. WIGHTMAN ENTERPRISES, TOWER NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied Patrick Curtis Budge's Petition for Removal. The Board found no showing of substantial prejudice or irreparable injury that would warrant granting this extraordinary remedy. While the WCJ initially recommended dismissal for lack of verification, the applicant subsequently provided the necessary filing. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardRemoval deniedSubstantial prejudiceIrreparable injuryWCJ reportLack of verificationVerification filedAdministrative law judgeExtraordinary remedy
References
Case No. BAK 0150807
Regular
Feb 05, 2008

JODI SMITH vs. COUNTY OF KERN, PROBATION DEPARTMENT

The Workers' Compensation Appeals Board dismissed Jodi Smith's Petition for Reconsideration because it lacked the mandatory verification required by Labor Code section 5902. Applicant sought reconsideration of a finding that her back injury was not a compensable consequence of her admitted right lower extremity industrial injury. Even without the verification defect, the Board would have denied the petition based on the judge's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injuryright lower extremityprobation officercompensable consequenceincomplete discoverylack of verificationLabor Code section 5902
References
Case No. ADJ9082146
Regular
Nov 24, 2015

ARNOLDO CHAVARRIA vs. SUNWEST METALS, INC., STAR INSURANCE COMPANY

This case involves a dismissed petition for reconsideration of a $30,000 compromise and release agreement. The applicant sought to withdraw his agreement after the order approving the settlement. The petition was dismissed due to a lack of proper verification, as the applicant's signature line was typed and not personally signed. Furthermore, the petition was considered "skeletal" for failing to specify supporting evidence or legal principles.

Petition for ReconsiderationCompromise and ReleaseVerificationUnverified PetitionSkeletal PetitionJudicial NoticeDismissalLabor Code Section 5902Workers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ1537159 (POM 0266229) ADJ3643803 (POM 0295243)
Regular
Oct 20, 2017

PETRA PAZOS vs. XEROX CORPORATION, INC., CONTINENTAL CASUALTY COMPANY

Defendant Continental Casualty Company's petition for reconsideration of the Workers' Compensation Appeals Board's (WCAB) award requiring contribution to ACE/USA for medical expenses was denied. The WCAB found the petition lacked the required verification and was not properly served on the arbitrator. Even if the petition had merit, it would have been dismissed due to the procedural defect of lack of verification. The WCAB also admonished the defendant for improperly attaching evidence to their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardContributionMedical ExpensesLabor Code Section 5500.5ReimbursementArbitrator's Fee ForfeitureVerificationLabor Code Section 5902
References
Case No. ADJ7655051; ADJ7264895
Regular
Nov 04, 2013

MARIA GALLARDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied reconsideration for ADJ7655051 and dismissed it for ADJ7264895. The WCAB adopted the judge's reasoning, emphasizing that the applicant's credibility was a key issue and her petition lacked verification. Furthermore, the petition for ADJ7264895 was untimely filed. The Board also noted the applicant's supplemental petition was not considered.

WCABADJ7264895ADJ7655051Petition for ReconsiderationDenialDismissalLack of VerificationCredibilityAOE/COEPropria Persona
References
Case No. ADJ8223018
Regular
Sep 30, 2014

GERARDO VARGAS vs. ACCOUNTABILITY INCORPORATED, administered by LUMBERMEN'S UNDERWRITING ALLIANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by Accountability Incorporated. The dismissal was primarily due to a lack of proper verification on the petition. Even if it had been verified, the WCAB indicated it would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the petition for removal was officially dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportLack of VerificationDismissalCal Code Regs tit 8 § 10843(b)Deny on the MeritsAdministrative Law JudgeAccountability IncorporatedLumbermen's Underwriting Alliance
References
Case No. ADJ9417204
Regular
Oct 05, 2018

SILVANA BEDROSSIAN vs. GLENDALE UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied the Petition for Reconsideration because it was unverified and the petitioner failed to cure this defect after notice. The Board adopted the WCJ's report, which found no compelling reason for the lack of verification and that the petitioner did not act with diligence. Furthermore, the petitioner failed to demonstrate excusable neglect for not filing a required declaration and did not seek relief under Code of Civil Procedure section 473. Although the Board did not condone the petitioner's behavior, sanctions were not deemed warranted at this time.

Petition for ReconsiderationLack of VerificationLabor Code Section 5902Lucena v. Diablo Auto BodyCal. Code Regs. tit. 8 § 10450(e)WCJ ReportCode of Civil Procedure Section 473Excusable NeglectLien ClaimantDeclaration Requirement
References
Case No. ADJ3196569 (POM 0282676)
Regular
Aug 28, 2009

JEANETTE DOMINGUEZ, vs. RICH PRODUCTS; ZURICH NORTH AMERICA INSURANCE

Lien claimants sought reconsideration of a WCJ's award of minimal amounts for pharmacy services, arguing they should have been paid their full billed amounts. The Workers' Compensation Appeals Board denied the petition, agreeing with the WCJ's findings that the billed amounts were not reasonable or necessary. The Board also noted the petition was procedurally deficient for lack of verification and for failing to clearly state contentions or reference the record. Therefore, the lien claimants' petition for reconsideration was denied on both substantive and procedural grounds.

Workers' Compensation Appeals BoardLien claimantsPetition for ReconsiderationFindings and AwardCompromise and ReleaseCumulative injuryProduction workerIndustrial injuryAdministrative law judgeWCJ Report
References
Case No. ADJ6537787
Regular
Apr 08, 2013

LUIS RAMOS vs. WESTEND STAFFING SOLUTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Long Beach Medical Center, whose petition for reconsideration was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on multiple procedural deficiencies: the petition was skeletal, lacked a legally valid verification, and failed to provide proper proof of service on the defendant and other parties. The Board emphasized that failure to serve parties is a substantive omission, and an unverified petition also fails to meet statutory requirements. Therefore, the Board dismissed the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalLien ClaimantSkeletal PetitionLack of VerificationProof of ServiceWCJLabor Code section 5902Labor Code section 5903
References
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