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

Case No. ADJ1700843
Regular
Oct 08, 2012

YANFEN SITU vs. SWEDA COMPANY, LLC, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board (WCAB) imposed a $250 sanction against hearing representative Lilibeth Gomez and lien claimant SJT & Associates. This sanction arose from their filing of an untimely and meritless Petition for Reconsideration that was also not properly served on the defendant's counsel. The WCAB previously issued a Notice of Intention to Impose Sanctions, and no objection was filed within the allotted timeframe. Therefore, the sanction is now officially assessed, payable jointly and severally.

Workers' Compensation Appeals BoardRemovalSanctionsPetition for ReconsiderationUntimely FilingService ViolationLabor Code section 5813Appeals Board Rule 10561Notice of Intention to Impose SanctionsGood Cause
References
Case No. ADJ9621646
Regular
Jun 23, 2015

VIOLETA GOMEZ vs. FAIRVIEW ASSOCIATES, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Removal filed in the case of Violeta Gomez v. Fairview Associates. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. This order means the petition seeking removal from a lower decision was unsuccessful.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdismissADJ9621646Salinas District Officeadministrative law judgeFairview AssociatesProCentury Insurance CompanyIllinois Midwest Insurance Agency
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. ADJ101014 (AHM 0144142)
Regular
Feb 18, 2010

MARTIN GOMEZ vs. DIVERSIFIED INDUSTRIES SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by applicant Martin Gomez regarding his workers' compensation award. The Workers' Compensation Appeals Board granted reconsideration, affirming the original decision but amending specific findings. The primary amendment reduced the applicant's permanent disability from 23% to 22%, entitling him to 85.5 weeks of indemnity totaling $19,665.00. Additionally, the apportionment of low back disability and the reasonable value of applicant's attorney fees were clarified.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPERMANENT DISABILITYAPPORTIONMENTDISABILITY INDEMNITYATTORNEY'S FEESFINDINGS OF FACTAWARDDIVERSIFIED INDUSTRIES SERVICESSTATE COMPENSATION INSURANCE FUND
References
Case No. ADJ11396782
Regular
Apr 17, 2018

SALVADOR RODRIQUEZ-GOMEZ vs. CONTROL AIR CONDITIONING CORPORATION

In *Rodriguez-Gomez v. Control Air Conditioning Corporation*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. Removal is an extraordinary remedy, granted only if substantial prejudice or irreparable harm will result without it, and reconsideration will not be an adequate remedy. The Board found that the applicant failed to demonstrate either of these conditions were met, and therefore denied the petition.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJAdministrative Law JudgeExtraordinary RemedyFinal Decision
References
Case No. ADJ1700843 (LAO 0888764)
Regular
Sep 07, 2012

YANFEN SITU vs. SWEDA COMPANY, LLC, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration as untimely and lacking merit. The petition failed to meet statutory filing deadlines and did not properly serve defense counsel. Due to these procedural deficiencies and the petition's lack of legal basis, the WCAB is considering imposing sanctions of $250.00 on the lien claimant and its representative.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationDismissing petitionLabor Code section 5310Notice of intentionSanctionsSJT & AssociatesLilibeth GomezHearing representative
References
Case No. ADJ1354845
Regular
May 16, 2013

DIANE GOMEZ vs. SAN JUAN UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP

The Workers' Compensation Appeals Board denied Diane Gomez's Petition for Reconsideration, upholding the WCJ's finding of 77% permanent disability. The core dispute was apportionment of disability, with Gomez arguing for 100% based on her condition and the defendant advocating for apportionment to pre-existing and other factors. The Board adopted the WCJ's report, which found that while the parties stipulated to 100% disability, apportionment to non-industrial factors was necessary and properly calculated by the WCJ. The Board also rejected Gomez's request for cross-examination of a rater and rebuttal evidence, as the WCJ directly rated the case.

ADJ1354845SAC 0360033San Juan Unified School DistrictYork Insurance Services GroupWorkers' Compensation Appeals BoardPetition for ReconsiderationWCJPermanent DisabilityApportionmentOrthopedic
References
Case No. ADJ7728285
Regular
Apr 29, 2014

JOSE GOMEZ vs. COURTLANDT KOERWITZ, SPARTA INSURANCE, GALLAGHER BASSETT

This order dismisses Jose Gomez's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board found that the challenged order was an interlocutory procedural decision. Furthermore, the Board denied removal because Gomez failed to demonstrate substantial prejudice or irreparable harm, and reconsideration would not be an inadequate remedy. Therefore, the petition for reconsideration is dismissed and removal is denied.

Petition for ReconsiderationDismissalRemoval DeniedFinal OrderInterlocutory OrderSubstantive RightLiability DeterminationLab. Code §§ 5900(a)59025903
References
Case No. ADJ10041145
Regular
Jan 13, 2020

JERARDO GOMEZ vs. COUNTY OF VENTURA, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the County of Ventura's petition for reconsideration, affirming a permanent total disability award for applicant Jerardo Gomez. The WCAB found substantial medical evidence supported the award, including the Agreed Medical Examiner's findings and vocational expert testimony, which indicated Gomez was precluded from gainful employment due to his admitted injury. The Board also found the WCJ properly considered apportionment and that formal rating instructions were not a due process violation.

Permanent Total DisabilityApportionmentAgreed Medical ExaminerVocational ExpertPetition for ReconsiderationFindings and AwardOpinion on DecisionSubstantial Medical EvidenceWorkers' Compensation Appeals BoardDeputy Sheriff
References
Case No. ADJ538513
Regular
Oct 14, 2008

ROBERTO GOMEZ vs. HOME DEPOT, Permissibly Self-Insured, c/o SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied Roberto Gomez's petition for reconsideration because it was "skeletal." The petition failed to present specific contentions, cite evidence from the record, or reference legal principles supporting his disagreement with the original decision. Consequently, the Board upheld the administrative law judge's finding that Gomez did not sustain an industrial injury.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersAdministrative Law JudgeIndustrial InjuryLabor Code § 5903Labor Code § 5902Board Rule 10842Board Rule 10846Skeletal Petition
References
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