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Case Law Database

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

Case No. VNO 0483316
Regular
Aug 14, 2007

SILVIA MACIAS vs. JOSEPH AND NITA REBECK, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Silvia Macias's lumbar spine injury. The primary issue on reconsideration was the applicant's attorney's fees, which the original judge failed to award despite representing the applicant during a portion of the proceedings. The Board affirmed the permanent disability award but deferred the attorney fees issue, remanding the case to the trial level for further proceedings and a new decision specifically addressing attorney fees.

Workers' Compensation Appeals BoardSilvia MaciasJoseph and Nita RebeckState Farm Insurance CompanyFindings and AwardPetition for ReconsiderationAttorney FeesIndustrial InjuryLumbar SpinePermanent Disability
References
Case No. ADJ7775170
Regular
Jul 16, 2012

JUANA NEGRETE vs. SHURFLO, HAMPSHIRE INSURANCE COMPANY

This case involves an applicant's workers' compensation claim filed after layoff, triggering Labor Code Section 3600(a)(10). The Appeals Board granted reconsideration, finding the applicant met her burden of proof that she notified her employer of her injury prior to her layoff. The applicant's unrebutted testimony and supporting medical evidence demonstrated employer notice, thus overcoming the statutory bar to compensation. The case was remanded for further proceedings on the merits of the applicant's claim.

Workers' Compensation Appeals BoardJuana NegreteShurfloHampshire Insurance CompanyADJ7775170Opinion and Order Granting ReconsiderationDecision After Reconsiderationbilateral armsbilateral elbowssleep problems
References
Case No. ADJ1183859 (FRE 0229636) ADJ4153788 (FRE 0229635) ADJ4489449 (FRE 0244569)
Regular
Nov 10, 2016

JUVENTINO MACIAS vs. AWARD CONSTRUCTION AND ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address issues with the initial permanent disability rating. The Board found the WCJ's reliance on unsubstantiated DEU ratings and the vocational expert's opinion flawed, particularly regarding apportionment and impermissible medical conclusions. Consequently, the case was returned to the trial level for further proceedings to clarify permanent disability and apportionment, accounting for the Agreed Medical Examiners' findings. The award for the 2003 left hand injury and the finding of no additional permanent disability for the 2007 right knee injury were not disturbed.

Workers' Compensation Appeals BoardAward Construction and RoofingState Compensation Insurance FundJuventino MaciasADJ1183859ADJ4153788ADJ4489449Petition for ReconsiderationFindings of Fact and AwardTotally Permanently Disabled
References
Case No. ADJ3070416 (LAO 0707238) ADJ3611048 (LAO 0707239)
Regular
Mar 09, 2009

ALBERTO MACIAS vs. GUSTAFSON MANUFACTURING CORP., REVCON MOTOR COACH MFG., UNINSURED EMPLOYERS BENEFITS TRUST FUND, PACIFIC EMPLOYER INSURANCE CO. (ESIS)

The Workers' Compensation Appeals Board granted removal and rescinded a WCJ's order that declared an arbitrator's finding regarding employment dates unenforceable. The Board found a clear clerical error in the arbitrator's finding, which stated employment was from "August, 1985 through May 8, 1985," an impossibility. The Board held that a WCJ has authority to correct such a clerical error nunc pro tunc. The case was returned to the WCJ to correct this error and address the defendant's appeal from the Vocational Rehabilitation Unit's decision.

Workers' Compensation Appeals BoardGustafson Manufacturing Corp.Revcon Motor Coach Mfg.Uninsured Employers Benefits Trust FundPacific Employer Insurance Co. (ESIS)Alberto MaciasArbitrator's DecisionCumulative TraumaVocational Rehabilitation BenefitsCompromise and Release
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. ADJ1699994 (LAO 0748438)
Regular
Aug 24, 2011

JOSE L. MACIAS vs. J. B. HUNT TRANSPORT, INC., CHARTIS CLAIMS, INC.

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied a Petition for Removal filed by J.B. Hunt Transport, Inc. (Chartis) against Jose L. Macias. The employer sought removal, arguing the Administrative Law Judge (WCJ) violated their due process by setting the case for trial before completing discovery. The Board adopted the WCJ's report, finding removal to be an extraordinary remedy not warranted here as no substantial prejudice or irreparable harm was shown. The WCJ noted the employer's delay in pursuing discovery and failure to object to the applicant's readiness to proceed, deferring discovery rulings to the trial judge.

Workers' Compensation Appeals BoardPetition for RemovalDue ProcessDiscoveryHome Health CareStipulations with Request for AwardPermanently Totally DisabledMandatory Settlement ConferenceDeclaration of Readiness to ProceedLabor Code §5310
References
Case No. ADJ11229680
Regular
Oct 13, 2025

BEATRIZ MACIAS vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Applicant Beatriz Macias (deceased) sought reconsideration of a Findings of Fact and Award (F&A) that found her 100% permanently disabled but applied credits for earnings, temporary disability, and Labor Code section 4850 benefits. The defendant argued the credit was appropriate to prevent double recovery. The Appeals Board granted reconsideration, determining that the WCJ improperly allowed credits for temporary disability indemnity, salary, or section 4850 benefits, as permanent disability compensates for physical loss and lost earning capacity, distinct from temporary disability. Consequently, the F&A was amended to permit credit solely for permanent disability paid and reasonable attorney fees, with the remainder of the F&A affirmed.

Workers' Compensation Appeals BoardDeputy SheriffMetastatic Breast CancerUlnar Nerve InjuryPermanent Total DisabilityPetition for ReconsiderationLabor Code Section 4850Temporary Total DisabilityPermanent Disability IndemnityCredit for Benefits Paid
References
Case No. ADJ8187782
Regular
Nov 05, 2018

RUBEN VARGAS vs. CARLOS MACIAS AKA CARLOS LUIS MACIAS, COMTRAK LOGISTICS, ONE BEACON

This case involves a Petition for Reconsideration and Removal that has been dismissed and denied. The Workers' Compensation Appeals Board found the WCJ's order joining a party defendant was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal as the petitioner failed to demonstrate substantial prejudice or irreparable harm, deeming reconsideration an adequate future remedy. Defense counsel was also admonished for improperly attaching extraneous documents to the petition.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
Case No. ADJ2166029
Regular
Jul 07, 2010

HUMBERTO MACIAS vs. ECONOMY INN

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant claimed injury while performing unlicensed construction work for the defendant. The Board adopted the judge's report, finding the applicant's testimony lacked credibility due to numerous inconsistencies. Furthermore, the work performed by the applicant did not meet the criteria for employment under Labor Code §3351(d) and §3352(h), thus excluding coverage.

WCABReconsideration DeniedAOE/COECredibility FindingUnlicensed ContractorLabor Code §3202.5Preponderance of EvidenceResidential Dwelling ExclusionLabor Code §3352(h)Business Entity
References
Case No. ADJ4305848 (VNO 0500451) ADJ1421355 (VNO 0500448) ADJ3686141 (LAO 0853683) ADJ1772068 (LAO 0853682)
Regular
Oct 01, 2010

ROSA MACIAS vs. GLENRIDGE CENTER, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely filed and not from a final order. The Board also initiated removal on its own motion to issue a notice of intention to assess sanctions against the lien claimant for failing to appear at trial and filing a procedurally deficient petition. Sanctions are warranted due to the lien claimant's failure to comply with procedural obligations and filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Lien ClaimantNotice of IntentionCompromise and ReleaseBoard Rule 10562Untimely Filing
References
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