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

Case No. ADJ8791212, ADJ9504979
Regular
Apr 19, 2016

HECTOR MELGAR vs. SEQUOIA UNION HIGH SCHOOL DISTRICT, PROTECTED INSURANCE PROGRAM FOR SCHOOLS

This case involves a Petition for Reconsideration filed by Hector Melgar against Sequoia Union High School District. The Workers' Compensation Appeals Board issued an order dismissing this petition. The dismissal is due to the petitioner's withdrawal of the reconsideration request. Therefore, the Board has formally closed the matter regarding this specific petition.

Petition for Reconsideration withdrawnDismissed petitionWorkers' Compensation Appeals BoardSequoia Union High School DistrictProtected Insurance Program for SchoolsADJ8791212ADJ9504979San Francisco District OfficeMarguerite SweeneyFrank M. Brass
References
Case No. ADJ7953283, ADJ9789480, ADJ9789260
Regular
Dec 27, 2016

OFELIA VALENCIA vs. PROFESSIONAL HOSPITAL SUPPLY, AMERICAN CASUALTY COMPANY OF READING, PA

This case involves a Petition for Reconsideration filed by the petitioner in the Workers' Compensation Appeals Board. The petitioner subsequently withdrew this petition. Consequently, the Board has issued an order dismissing the Petition for Reconsideration.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardProfessional Hospital SupplyAmerican Casualty CompanyGallagher Bassett ServicesADJ7953283ADJ9789480ADJ9789260
References
Case No. SJO 0264281
Regular
Apr 07, 2008

JOSE LUIS VENEGAS vs. WALNUT INVESTMENT (AMS), TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) rescinded its prior award of temporary disability benefits to applicant Jose Luis Venegas. This action was taken because the parties submitted a proposed $30,000 compromise and release agreement while the case was pending reconsideration. The matter is now returned to the trial level for a workers' compensation judge to review and potentially approve the settlement.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityCompromise and ReleaseRescinded AwardTrial LevelWCJIndustrial InjuryDriver/LoaderTravelors Property Casualty
References
Case No. SAC 289384
Regular
Apr 04, 2008

NICK MILIVOJEVICH vs. UNITED AIRLINES

This case involves a clerical error in a prior award of attorney's fees for applicant Nick Milivojevich against United Airlines. The Workers' Compensation Appeals Board corrected the award to reflect the correct appellate attorney's fees of $\$ 6,050.00$ and disallowed costs, maintaining its continuing jurisdiction to rectify such errors. The corrected award is payable to Farrell, Fraulob & Brown, A Professional Corporation.

Workers' Compensation Appeals BoardClerical ErrorOpinion and AwardAttorney's FeesAppellate Attorney's FeesCostsContinuing JurisdictionToccalinoMorganUnited Airlines
References
Case No. ADJ4502386 (ANA 0329574)
Regular
Jul 02, 2012

MARTINA GONZALEZ vs. ST. JOHN KNITS, INC., ARGONAUT INSURANCE COMPANY

The WCAB denied a petition for removal seeking to overturn an order denying a continuance of a lien conference. The defendant's new counsel requested the continuance due to the pending substitution of attorneys, but the WCJ denied it, citing the importance of court-set calendars. While the majority found no significant prejudice given the extended discovery period and flexibility at trial, a dissenting opinion argued the defendant was prejudiced by being denied a meaningful lien conference to resolve issues before trial.

Petition for RemovalSubstitution of AttorneyLien ConferenceContinuanceWCJ OrderFindings and AwardIndustrial InjuryPermanent DisabilityAdelson Testan Brundo JimenezLaughlin Falbo Levy Moresi
References
Case No. ADJ7284005, ADJ 7912473
Regular
Jul 22, 2016

RONALD PHILPOT vs. PERFORMANCE DAIRY SERVICE INC., TRISTAR

The applicant filed a Petition for Reconsideration after the WCJ issued a Findings, Award and Order. However, the WCJ subsequently vacated that Order within the allowed 15-day timeframe. Because the WCJ's action rendered the original order invalid, the applicant's Petition for Reconsideration became moot. Therefore, the Workers' Compensation Appeals Board dismissed the Petition.

Petition for ReconsiderationFindings Award OrderWorkers' Compensation JudgeOrder VacatingMoot PetitionWCAB Rule 10859Administrative Law JudgePerformance Dairy ServiceTristarADJ7284005
References
Case No. ADJ10481568
Regular
Jul 01, 2019

JUAN MARTINEZ vs. CAL CENTRAL HARVESTING, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Juan Martinez's petition for reconsideration because it was filed untimely. California law mandates petitions for reconsideration be filed within 25 days of the WCJ's decision being served by mail. Proof of mailing is insufficient; the petition must be received by the WCAB within the statutory timeframe. As the petition was filed more than 25 days after the April 24, 2019 decision, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCAB Rule 10508WCJProof of MailingService by MailAdministrative Law JudgeFinal Decision
References
Case No. ADJ6956331
Regular
Jul 25, 2014

EDWARD GUERRERO vs. CONNECT TELEVISION, ALASKA NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Edward Guerrero's Petition for Reconsideration against Connect Television and Alaska National Insurance Company. The dismissal was based on the petition being untimely filed. Furthermore, the Board adopted the administrative law judge's report, which found the petition failed to state valid grounds for reconsideration.

Petition for ReconsiderationDismissedUntimelyGrounds for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationAdopt and IncorporateLaughlin Falbo Levy & MoresiADJ6956331
References
Case No. ADJ3003658 (SFO 0395337)
Regular
Mar 08, 2012

JOHN CANZIANI vs. CITY OF SAN RAFAEL

In Case No. ADJ3003658, the Applicant, John Canziani, filed a Petition for Reconsideration of a prior decision. However, the petitioner subsequently withdrew this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration as requested.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardApplicantDefendantCity of San RafaelPermissibly Self-InsuredCase NumberOrder Dismissing
References
Case No. ADJ3904838
Regular
Jan 06, 2015

EDWARD MORSE vs. CONWAY WESTERN EXPRESS, INDEMNITY INSURANCE

This case concerns a clerical error in the Workers' Compensation Appeals Board's (WCAB) prior decision, specifically the date of service. The Board identified that the decision, served on December 6, 2015, should have reflected a service date of January 6, 2015. The WCAB has corrected this specific clerical error without requiring further proceedings, citing its authority to do so at any time. This correction amends the date of service to January 6, 2015, as reflected in the amended order.

Clerical error correctionDate of servicePetition for reconsiderationWorkers' Compensation Appeals BoardAmended date of serviceSupplemental proceedingsOpinion and Orders Denying PetitionGranting PetitionDecision After ReconsiderationConstitution State Service Company
References
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