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

Case No. ADJ7929615
Regular
Sep 04, 2012

LAURA LOPEZ vs. WHITE MEMORIAL MEDICAL CENTER

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior decision. This action was taken to allow for further study of the factual and legal issues involved. The Board intends to issue a just and reasoned decision after a more complete understanding of the record. All future communications in this matter should be submitted in writing directly to the WCAB's Commissioners' office.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationWhite Memorial Medical CenterLaura LopezPermissibly Self-InsuredMedical CenterDecision Filing DateStatutory Time ConstraintsFactual Issues
References
Case No. ADJ9606696
Regular
Oct 12, 2018

JORGE LOPEZ vs. VERIZON WIRELESS

The Workers' Compensation Appeals Board denied Jorge Lopez's Petition for Reconsideration against Verizon Wireless. The Board adopted the administrative law judge's (WCJ) report and opinion, giving great weight to the WCJ's credibility determination of witnesses. No substantial evidence was presented to warrant overturning the WCJ's decision. Therefore, the petition for reconsideration was denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidenceOpinion and Order DenyingADJ9606696Riverside District OfficeJorge LopezVerizon Wireless
References
Case No. ADJ9187841
Regular
Nov 01, 2016

LAURA SCHELBERT vs. CITY OF BRENTWOOD

The Workers' Compensation Appeals Board (WCAB) denied Laura Schelbert's Petition for Removal in this case against the City of Brentwood. Removal is an extraordinary remedy, only granted when substantial prejudice or irreparable harm would occur and reconsideration would not be an adequate remedy. The WCAB found that Schelbert failed to demonstrate these exceptional circumstances, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the petition was denied.

Petition for RemovalDenying RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWorkers' Compensation Appeals BoardWCJ ReportExtraordinary RemedyCortez v. Workers' Comp. Appeals Bd.
References
Case No. ADJ845263 (ANA 0397766)
Regular
Feb 19, 2015

JORGE LOPEZ vs. PIZZA HUT, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Jorge Lopez's Petition for Reconsideration. The petitioner withdrew their reconsideration request because the parties had reached a Compromise and Release agreement. This settlement rendered the reconsideration process moot.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseWCJ decisionapplicantdefendantPizza HutAce American Insurance CompanyGallagher BassettADJ845263
References
Case No. ADJ6821265
Regular
Oct 07, 2013

LORETTA LOPEZ vs. ROBERT DAVIES, D.D.S, ZENITH INSURANCE

In this case, the Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by the applicant, Loretta Lopez. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) as stated in their report. Consequently, the applicant's petition for reconsideration was officially denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDeniedAdministrative Law JudgeWCJRecord reviewIncorporated reportSan Bernardino District OfficeZenith InsuranceLoretta Lopez
References
Case No. ADJ2831208 (GOL 0090431) ADJ894034 (GOL 0090432)
Regular
Aug 10, 2009

JOSE LOPEZ vs. QUALITY PLASTERING, GOLDEN EAGLE INSURANCE COMPANY

The applicant, Jose Lopez, was awarded a 25% penalty for the defendant's failure to pay the full settlement amount. The defendant sought reconsideration, arguing they paid the amount agreed upon in the addenda to the Compromise and Release Agreement. However, the Board found the Orders Approving Compromise and Release, which specified a higher payment to the applicant, became final when the defendant failed to seek timely reconsideration. Therefore, the defendant's petition for reconsideration was denied, affirming the penalty.

Workers' Compensation Appeals BoardQuality PlasteringGolden Eagle Insurance CompanyJose LopezReconsiderationFindings and AwardLabor Code section 5814PenaltyAttorney's FeeLabor Code section 5814.5
References
Case No. ADJ7435803
Regular
May 16, 2011

LAURA GOMEZ vs. CITRUS VALLEY HEALTH PARTNERS, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed applicant Laura Gomez's petition for reconsideration of an order approving attorney's fees. The Board found the order was not a final determination and was rendered void by the applicant's attorney filing for reconsideration within the 30-day objection period. Furthermore, the applicant failed to demonstrate the extraordinary circumstances required for a petition for removal. The Board also admonished the applicant's attorney for potentially frivolous conduct and disregard for board resources.

Workers' Compensation Appeals BoardLaura GomezCitrus Valley Health PartnersTravelers InsuranceADJ7435803Opinion and Order Dismissing ReconsiderationLabor Code Section 5710Attorney's FeeDepositionWCJ
References
Case No. ADJ8239515
Regular
Mar 24, 2014

BRIJIDO LOPEZ vs. THE BAKING ALLIANCE, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Brijido Lopez's claim. The WCAB adopted and incorporated the administrative law judge's report recommending amendments. Ultimately, the WCAB affirmed the January 6, 2014 decision but amended it to reflect that no further medical treatment is necessary. The previous award of benefits was deleted as part of this amendment.

Workers' Compensation Appeals BoardReconsiderationWCJ ReportGranting ReconsiderationDecision After ReconsiderationAmended DecisionNo Further Medical TreatmentAward DeletedBrijido LopezThe Baking Alliance
References
Case No. ADJ1316873 (LBO 0325861)
Regular
May 16, 2012

MIGUEL LOPEZ vs. TRI-STATE RESTORATIONS, INC., CREDIT GENERAL INSURANCE

This case concerns Miguel Lopez's appeal regarding inadequate notice of his employer's Medical Provider Network (MPN) and denial of treatment requests. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration. The WCAB found that the applicant received adequate notice of the MPN and was treated by an MPN physician for over three years. Furthermore, issues regarding specific treatment denials were not properly raised at trial and can be addressed in a new filing. The applicant's motion to strike was deemed premature given the procedural posture of the case.

Workers' Compensation Appeals BoardTri-State RestorationsInc.California Insurance Guarantee AssociationMiguel LopezPetition to StrikeMedical Provider NetworkMPNDr. Mark GreenspanDr. Domenick Sisto
References
Case No. ADJ3362574
Regular
Oct 18, 2012

LAURA BIGGS vs. SAN BERNARDINO COUNTY MEDICAL CENTER, SAN BERNARDINO COUNTY

The Workers' Compensation Appeals Board (WCAB) dismissed Laura Biggs' Petition for Reconsideration in this case against San Bernardino County Medical Center and San Bernardino County. The dismissal was based on the WCAB's review of the record and adoption of the administrative law judge's report and recommendation. The report provided the reasoning for the dismissal, which the WCAB incorporated by reference. Therefore, the petition for reconsideration was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalReport and RecommendationAdministrative Law JudgeSan Bernardino County Medical CenterLaura BiggsWorkers' Compensation CaseLegal DocumentCase Number
References
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