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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7101363 ADJ7421320
Regular
May 01, 2016

SAFED ISMAIL vs. EMPIRE/CLS, AIG CLAIMS

The Workers' Compensation Appeals Board dismissed Safed Ismail's petition for reconsideration because it was untimely filed. The petition was submitted more than 25 days after the WCJ's decision, exceeding the jurisdictional time limit for filing. Furthermore, the petition sought reconsideration of a non-final, interlocutory order, which is not appealable. Therefore, the Board lacked authority to review the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitFinal OrderNon-Final OrderInterlocutory DecisionsProcedural IssueEvidentiary IssueSubstantive RightThreshold Issue
References
Case No. ADJ4713940
Regular
Apr 04, 2018

JOEY SHEN vs. MOLINA HEALTHCARE, INC.; AMERICAN HOME ASSURANCE, adjusted by CHARTIS

The Workers' Compensation Appeals Board dismissed Joey Shen's petition for reconsideration because it was untimely. The petition was filed on August 25, 2016, which was two days after the deadline of August 23, 2016, for filing after service by mail on July 29, 2016. Furthermore, the Board found that the underlying decision was not a "final" order as it only addressed intermediate procedural or evidentiary issues, not substantive rights or liabilities. Therefore, the Appeals Board lacked jurisdiction to consider the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueWCAB
References
Case No. ADJ9812024
Regular
Dec 05, 2016

IRMA DEFIORE vs. ORANGE UNIFIED SCHOOL DISTRICT, PSI, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending the prior findings. While the Board affirmed that the claim is not barred by res judicata, it deferred the issue of the statute of limitations. The Board found the prior decision on the statute of limitations was not supported by substantial evidence. The case is returned to the trial level for further proceedings on the statute of limitations issue.

Workers Compensation Appeals BoardOrange Unified School DistrictYork Risk Services GroupADJ9812024Petition for ReconsiderationOpinion and OrderFindings of Factres judicatastatute of limitationsLabor Code section 5405
References
Case No. ADJ5774907
Regular
Jan 15, 2014

ROBERT PORTER vs. LOWE'S HOME IMPROVEMENT WAREHOUSE, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted the defendant's Petition for Removal, overturning a prior order that dismissed the case from the trial calendar. The defendant seeks to litigate the statute of limitations as a threshold issue, arguing it was improperly denied. The Board found that statute of limitations is a threshold issue that can be bifurcated and that the prior denial of a dismissal petition was procedural, not on the merits. The case is returned to the trial level for proceedings on the statute of limitations.

Petition for RemovalStatute of LimitationsJurisdictionRes JudicataThreshold IssueLabor Code Section 5405Affirmative DefenseBifurcationDeclaration of ReadinessOff Calendar
References
Case No. ADJ10490298
Regular
Dec 13, 2019

NORMAN SILVA vs. BARRETT BUSINESS SERVICES, INC.; ON BEHALF OF ACE AMERICAN INSURANCE COMPANY, administered by CORVEL

The Appeals Board denied Norman Silva's Petition for Reconsideration because the underlying WCJ decision resolved threshold issues like employment and injury arising out of and occurring in the course of employment, making it a final order. Petitioner's challenge focused solely on the administrative issue of the QME selection, not the merits of the final findings. The Board found no grounds for removal, as petitioner failed to demonstrate significant prejudice or irreparable harm from the QME issue, nor was there evidence of ex parte communication. Consequently, the petition was denied, and the WCJ's decision stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationThreshold IssueFinal DecisionInjury Arising Out of and In the Course of Employment (AOE/COE)Employment RelationshipStatute of LimitationsRemovalPanel Qualified Medical Examiner (QME)Ex Parte Communication
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ9895453
Regular
Aug 21, 2017

SIR WALTERS (Dec'd), AMORN WALTERS (Widow) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an earlier award. The WCAB found that the death certificate alone was insufficient substantial medical evidence to establish the cause of the decedent's death, specifically concerning whether it was due to an industrial injury, a blood-borne infectious disease, or MRSA. Therefore, the case was returned to the trial level for further proceedings and development of the record. The issue of the applicable statute of limitations remains deferred pending this further evidence.

Valley FeverCoccidioidomycosisCocci meningitisMRSACorrectional officerDeath benefitsStatute of limitations240-week limitation420-week limitationLabor Code 3212.8
References
Case No. ADJ10810340
Regular
Jan 04, 2018

DUSTIN RAMIREZ vs. VIASYSTEMS/TTM TECHNOLOGIES, TRAVELERS PROPERTY AND CASUALTY

This case concerns a Petition for Reconsideration by the defendant, Viasystems/TTM Technologies, challenging a Workers' Compensation Judge's (WCJ) findings. The WCJ's decision addressed statute of limitations, lack of prejudice, and date of injury, but not the ultimate issue of whether the applicant's injury arose out of and in the course of employment (AOE/COE). The Appeals Board denied the petition because it was filed from an interlocutory order, not a final decision on AOE/COE. While the Board agreed that the WCJ's findings on the statute of limitations, notice, and date of injury were appealable, it ultimately denied reconsideration based on the WCJ's report, which found that the record required further development on the crucial AOE/COE issue.

WCABPetition for ReconsiderationDenying PetitionWCJ ReportFinal OrderSubstantive RightsThreshold IssueStatute of LimitationsLabor Code Section 5405Date of Injury
References
Case No. ADJ8620013, ADJ10761228
Regular
Jun 08, 2017

MARK EBERWEIN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order. The WCAB further denied the applicant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm from denial. The WCJ's decision addressed an intermediate procedural or evidentiary issue, not a substantive right or threshold issue. Therefore, neither reconsideration nor removal was deemed appropriate at this stage.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy
References
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