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

Case No. ADJ1797870
Regular
May 23, 2019

GEORGE DIAZ vs. REYES MASONRY CONTRACTORS, INC., CITATION INSURANCE COMPANY, GENERAL REINSURANCE, INTERCARE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied George Diaz's petition for reconsideration, affirming the administrative law judge's award of 93.75% permanent disability. The judge apportioned 30% of Diaz's orthopedic disability to prior injuries, relying on medical evidence of degenerative changes aggravated by the 1992 industrial injury. Diaz's arguments for 100% permanent disability due to total disability or loss of use of both hands were rejected due to insufficient medical evidence. The Board found the apportionment was supported by substantial medical evidence and did not qualify for an unapportioned award under the *Hikida* precedent.

Workers' Compensation Appeals BoardGeorge DiazReyes Masonry ContractorsInc.Citation Insurance CompanyGeneral ReinsuranceIntercareSubsequent Injuries Benefits Trust Fund (SIBTF)permanent total disabilityapportionment
References
Case No. ADJ13900666
Regular
Aug 01, 2025

German Renteria Pina vs. Miguel Diaz dba Brother Landscape, Da Vinci Schools

German Renteria Pina, the applicant, sustained a specific injury while employed by Miguel Diaz dba Brother Landscape, an uninsured entity. Da Vinci Schools, a permissibly self-insured entity, was also named as a defendant. The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a WCJ's finding that Pina was an employee of Diaz and not Da Vinci, arguing errors in employment burden of proof and insufficient evidence. The Workers' Compensation Appeals Board granted the petition, rescinded the prior Findings of Fact and Order, and returned the matter to the trial level for further proceedings. This decision was made because the record was deemed incomplete to adequately determine Diaz's independent contractor status or the applicability of licensing requirements.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundMiguel Diaz dba Brother LandscapeDa Vinci SchoolsAdjudication NumberPetition for ReconsiderationFindings of Fact and OrderWCJBurden of ProofUltimate Hirer
References
Case No. ADJ8508466
Regular
Nov 05, 2013

ROBERTO RAMIREZ (Deceased); MARIA GUADALUPE DIAZ de RAMIREZ, Guardian ad Litem for MARIA LINA RAMIREZ DIAZ, vs. VISTA PAINT CORPORATION, Permissibly Self-Insured,

This Workers' Compensation Appeals Board decision grants reconsideration and returns the case to the trial level for further proceedings. While the WCJ correctly found the daughter was partially dependent, the Board noted an incomplete record regarding the wife's dependency status and potential eligibility under Labor Code section 3501(b). The Board also found the issue of attorney fees was not decided. Consequently, the matter is remanded for determination of the wife's dependency, the correct death benefit amount, and attorney fees, or for clarification on why these issues were not previously addressed.

Workers' Compensation Appeals BoardRoberto RamirezMaria Guadalupe Diaz de RamirezMaria Lina Ramirez DiazVista Paint CorporationLabor Code section 3501(a)Labor Code section 3501(b)conclusive presumptiondependencypartial dependent
References
Case No. ADJ3252798 (ANA 0407298)
Regular
Nov 02, 2011

CATALINO DIAZ (Deceased), RUBERTA DIAZ (Widow), MARGARET NATASHA DIAZ vs. PEOPLE'S CARE INC., STATE COMPENSATION INSURANCE FUND

This case concerns Ruberta Diaz's claim for death benefits as the widow of Catalino Diaz, who sustained a fatal industrial injury. The initial decision awarded benefits to their minor child but denied Ruberta’s claim, finding she failed to prove dependency. Ruberta contends she is a total dependent and that the judge erred in not addressing this, or alternatively, in finding no partial dependency. The Appeals Board granted reconsideration, deferred the issue of Ruberta's dependency, and returned the case to the trial level for further evidence and decision, while affirming the award to the minor child.

DependencyDeath BenefitWidow's ClaimMinor ChildPartial DependencyTotal DependencyPetition for ReconsiderationFindings and AwardWCJEvidence
References
Case No. ADJ7438047
Regular
Jul 16, 2012

FRANCISCO CORONA-DIAZ vs. MENDOCINO FOREST PRODUCTS COMPANY, XI SPECIALTY INSURANCE COMPANY, INTERCARGO INSURANCE COMPANY, SPECIALTY RISK SERVICES

This case involves a workers' compensation claim where the applicant, Francisco Corona-Diaz, filed a Petition for Reconsideration. The Workers' Compensation Appeals Board dismissed the petition because it was filed untimely. The original Findings and Orders were issued on April 30, 2012, and the petition was not filed within the statutory 20-day period, plus an additional 5 days for mailing. Therefore, the petition was procedurally deficient and dismissed.

Petition for ReconsiderationUntimelyDismissedAdministrative Law JudgeReport and RecommendationFindings and OrdersLabor Code Section 5903Code of Civil Procedure Section 1013Workers' Compensation Appeals BoardMendocino Forest Products Company
References
Case No. ADJ7773341
Regular
Mar 20, 2014

KELVIN HUNTER vs. SAN JOSE SABERCATS, ZURICH NORTH AMERICA INSURANCE COMPANY

A Petition for Removal was filed in this workers' compensation case. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has ordered the Petition for Removal dismissed. No further action will be taken on the withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardSan Jose SabercatsZurich North America Insurance CompanySedgwickADJ7773341Anaheim District OfficeFrank M. Brass
References
Case No. ADJ3481415 (ANA 0409015) ADJ6464516
Regular
May 02, 2009

MARTHA DIAZ vs. CLEANATION BUILDING MAINTENANCE, GRANITE STATE INSURANCE, AIG DOMESTIC CLAIMS, INC., PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE

The Workers' Compensation Appeals Board denied Martha Diaz's petition for reconsideration of a prior decision. The administrative law judge (WCJ) found Diaz was an independent contractor, not an employee, and thus not entitled to workers' compensation benefits for her alleged industrial injuries. The Board agreed, finding that Diaz controlled her work hours and methods, was paid by the job, and operated her own cleaning service, consistent with independent contractor status. Even if a subcontract agreement was excluded, the evidence still supported the WCJ's independent contractor determination.

Workers' Compensation Appeals BoardIndependent ContractorEmployee StatusLabor Code Section 3351Labor Code Section 3353Labor Code Section 3600(a)Borello TestControl TestSecondary IndiciaRight to Discharge
References
Case No. ADJ3212422 (VNO 0408340)
Regular
Mar 27, 2017

JOHN DIAZ vs. ALL PAYMENTS SERVICES, AIG CLAIMS

The Workers' Compensation Appeals Board dismissed John Diaz's Petition for Reconsideration because it was based on an interlocutory order that did not determine substantive rights or liabilities. The Board also denied his Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, and stating reconsideration would be an adequate remedy if a final adverse decision issues. The WCJ's report, incorporated by the Board, detailed these reasons for dismissal and denial. Diaz can raise his contentions and sanctions requests at the lien conference.

Petition for ReconsiderationPetition for RemovalDismissalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueSanctionsExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ4115739 (VNO 0487593)
Regular

ZACH WALZ vs. ARIZONA CARDINALS; RISK ENTERPRISE 2314 BREA

This Workers' Compensation Appeals Board case, concerning applicant Zach Walz against defendants Arizona Cardinals and Risk Enterprise, resulted in an order granting a petition for reconsideration. All future case-related communications are to be directed to the Commissioners' Office in San Francisco, pending the issuance of a Decision After Reconsideration. The order was dated and filed on October 11, 2001.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationCommissioners' OfficeADJ4115739VNO 0487593VNO 0487351VNO 0487591VNO 0487592Arizona Cardinals
References
Case No. ADJ1428156 (BAK 0153409) ADJ2078684 (BAK 0154236)
Regular
Apr 24, 2017

DAN HOWARTH vs. YELLOW TRANSPORTATION, INC., SEDGWICK

This case involves a Petition for Reconsideration filed by Dan Howarth. The Workers' Compensation Appeals Board reviewed the petition and the report from the Workers' Compensation Judge. Finding no grounds for reconsideration, the Board adopted the judge's report and denied the petition. Therefore, the applicant's request for reconsideration of the prior decision is rejected.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJ reportdeny reconsiderationYellow TransportationSedgwickDan HowarthADJ1428156BAK0153409
References
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