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

Case No. ADJ8949346, ADJ10021120
Regular
Aug 16, 2016

ANTHONY BERNARD EDWARDS (DEC) vs. CITY OF LOS ANGELES, LOS ANGELES WORLD AIRPORTS

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration in the case of Anthony Bernard Edwards, deceased, versus the City of Los Angeles and Los Angeles World Airports. This decision allows for further review of the factual and legal issues to ensure a just and reasoned outcome. All future communications regarding the petition must be filed directly with the WCAB Commissioners in San Francisco, not with the district office or through the Electronic Adjudication Management System. The order specifies that trial-level documents unrelated to the reconsideration petition should continue to be e-filed normally.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONCITY OF LOS ANGELESLOS ANGELES WORLD AIRPORTSVAN NUYS DISTRICT OFFICEDECISION AFTER RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ1622633 (VEN 0115623)
Regular
May 15, 2012

SALVADOR CONTRERAS vs. M&C FARM LABOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE PASADENA, PAULA INSURANCE

This case involves Salvador Contreras's petition to reopen his workers' compensation claim for new and further disability. The original claim was venued in Ventura/Oxnard, but Contreras filed his reopen petition in Los Angeles. The WCJ denied the petition based on former WCAB Rule 10390, which required filing in the proper district office and did not excuse non-compliance for filing in an incorrect office. The Court of Appeal, however, reversed this decision, holding that current WCAB Rule 10397, which allows filing in any office, applied as a procedural change. The Court also found that even under former Rule 10390, Contreras demonstrated excusable neglect, thus compelling the WCAB to grant reconsideration and return the case for a decision on the merits.

RemittiturPetition to ReopenStatute of LimitationsLabor Code 5410Labor Code 5804WCAB Rule 10390WCAB Rule 10397Excusable NeglectNew and Further DisabilityCourt of Appeal
References
Case No. ADJ19483147
Regular
Jun 19, 2025

MICHAEL LEWIS vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded the arbitrator's Amended Findings and Award from April 8, 2024, in the case of Michael Lewis v. City of Los Angeles. The Board previously granted reconsideration due to an incomplete record, specifically missing exhibits and vocational evidence. The defendant, City of Los Angeles, sought reconsideration, asserting errors in the arbitrator's finding of catastrophic injury and permanent total disability. The WCAB emphasized the importance of due process and a complete evidentiary record for meaningful review, citing several legal precedents. The matter is returned to the arbitrator for further proceedings and to supplement the record.

WCABReconsiderationAmended Findings and AwardArbitratorCity of Los AngelesCatastrophic injuryPermanent total disabilityLabor CodeBack injuryPetition for Reconsideration
References
Case No. ADJ7776330
Regular
May 30, 2014

STANLEY SILO vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY

This case involves Stanley Silo's workers' compensation claim against the Los Angeles County Metropolitan Transit Authority. The Workers' Compensation Appeals Board (WCAB) dismissed Silo's Petition for Reconsideration. The dismissal was primarily due to the petition being untimely filed. The WCAB further indicated that even if timely, the petition would have been denied on its merits based on the WCJ's report.

ADJ7776330Petition for ReconsiderationWCABWorkers' Compensation Appeals Boardtimely-fileduntimelyDismissedWCJ Report and Recommendationadministrative law judgeApplicant
References
Case No. ADJ5762345
Regular
Jan 29, 2013

GONZALO SALGADO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT, INTERCARE

This case involves a petition for reconsideration by the County of Los Angeles Fire Department following a sanction order for failure to appear at a lien conference. The Department argued their objection was not considered, but the Board found the objection lacked good cause as the Department failed to ensure representation and their arguments misplaced blame. The Board denied reconsideration, affirming the sanction order. The lien claimant's attorney also received an admonishment for attaching an already-submitted document.

WCABPetition for ReconsiderationSanctionsCostsFailure to AppearLien ClaimantIntercareLos Angeles County Fire DepartmentAdministrative Law JudgeDeclaration of Readiness
References
Case No. ADJ11234735
Regular
Nov 25, 2020

BRANDEN HAMADA vs. CITY OF LOS ANGELES

This case concerns a petition for reconsideration filed by applicant Branden Hamada against the City of Los Angeles. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely because it was filed on September 29, 2020, after the jurisdictional deadline of September 28, 2020. Although September 28th was Yom Kippur, the WCAB offices were open, and Yom Kippur is not a legally recognized holiday that extends filing deadlines. Therefore, the Board lacked jurisdiction to consider the late petition.

Petition for ReconsiderationTimelinessDismissalWCAB Rule 10600JurisdictionalYom KippurLegal HolidayProof of FilingService by MailAdministrative Law Judge
References
Case No. ADJ9997985, ADJ9997986, ADJ10037755
Regular
Apr 10, 2017

DAVID LIVINGSTON vs. SOUTHEAST PERSONNEL LEASING, INC.;, PACKARD CLAIMS ADMINISTRATION;, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by the defendant. The WCAB found the petition was untimely because it was filed one day after the 20-day deadline for removal following personal service. This deadline is jurisdictional, and the WCAB cannot consider petitions filed outside this timeframe. Therefore, the petition was dismissed with no request for supplemental pleading granted.

Petition for RemovalUntimely FilingPersonal ServiceWCJ DecisionAppeals Board RuleJurisdictional Time LimitSupplemental PleadingWCAB Rule 10848WCAB Rule 10843WCAB Rule 10507
References
Case No. ADJ358640 (ANA 0408299)
Regular
Dec 13, 2017

JOSE BASULTO vs. BREA ROOFING, STATE COMPENSATION INSURANCE FUND

In *Basulto v. Brea Roofing*, the Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration because it was filed untimely. The WCAB emphasized that the 25-day filing deadline for reconsideration is jurisdictional and requires the petition to be *received* by the Board, not merely mailed, within that period. The petition in this case was filed 26 days after the WCJ's decision, exceeding the statutory timeframe. Therefore, the WCAB lacked the authority to review the petition on its merits.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailJurisdictional Time LimitProof of MailingWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845
References
Case No. ADJ10364681
Regular
Jul 18, 2016

GREGORIO ROMERO vs. LA MARRIOTT HOTEL, MARRIOTT CLAIMS SERVICES

This case involves a petition for reconsideration filed by the applicant. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely. California law strictly enforces the jurisdictional deadline for filing petitions for reconsideration, and proof of mailing is insufficient; the petition must be received by the WCAB within the prescribed 25-day period. The WCAB found that the petition was filed well beyond this deadline, rendering it void and without legal effect.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Service by MailProof of FilingAdministrative Law Judge
References
Case No. ADJ6759028 ADJ9793036
Regular
Sep 09, 2015

JAVIER MOYA vs. SLEEP TRAIN, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed Javier Moya's petition for reconsideration because it was untimely filed. California law allows twenty-five days for filing, with extensions for weekends or holidays, but the petition was filed over four months after the WCJ's decision. Timeliness is a jurisdictional requirement, meaning the WCAB lacks authority to consider petitions filed outside this timeframe. Had the petition been timely, it would have been denied on the merits as per the WCJ's report.

Petition for ReconsiderationuntimelydismissaljurisdictionalWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392proof of mailingproof of receipt
References
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