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

Case No. ADJ168046 (AHM 0151884)
Regular
Jun 13, 2012

LUIS RAFAEL CHERO vs. TROPITONE FURNITURE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This Workers' Compensation Appeals Board case, involving Luis Rafael Cherro and Tropitone Furniture Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration, which had challenged a March 27, 2012 decision. The Board issued an order to this effect on June 13, 2012.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardTravelers Property Casualty Company of AmericaTropitone Furniture CompanyLuis Rafael CherDecision March 27 2012Order DismissingSan Francisco California
References
Case No. ADJ6892572
Regular
Mar 05, 2012

RAFAEL RODRIGUEZ, RAFAEL CORREA-RODRIGUEZ vs. SURFACE CONSTRUCTORS, INC., FIRSTCOMP For ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration filed by Rafael Rodriguez (also known as Rafael Correa-Rodriguez). The dismissal was based on two procedural defects: the petition was untimely filed and improperly served. The WCAB further indicated that even if the petition had been procedurally sound, it would have been denied on the merits based on the WCJ's report. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimely FilingImproper ServiceWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissalDenial on MeritsLien ClaimantSurface ConstructorsFirstcomp
References
Case No. ADJ8199713
Regular
Nov 01, 2013

RAFAEL BACA vs. GARCIA JUAREZ CONSTRUCTION, INTERCARE

This case involves an order from the Workers' Compensation Appeals Board dismissing Rafael Baca's Petition for Reconsideration. The Board adopted the administrative law judge's report and recommendation, finding the petition was untimely filed. Therefore, the Board dismissed the petition.

Petition for ReconsiderationuntimelydismissedWorkers' Compensation Appeals Boardadministrative law judgeReport and RecommendationADJ8199713Garcia Juarez ConstructionIntercareRafael Baca
References
Case No. ADJ1050422 (SAL 0104052) ADJ3107039 (SAL 0114548)
Regular
Jun 30, 2011

ESTELA LUIS vs. COMMUNITY BRIDGES, STATE COMPENSATION INSURANCE FUND

This case concerns Estela Luis's claim for workers' compensation benefits due to injuries sustained from a specific knee/psyche injury and a cumulative trauma knee injury. The WCJ awarded 100% permanent disability and a lifetime pension, which the defendant sought reconsideration of. The defendant argued the wrong disability rating schedule was used, the 100% rating was unsubstantiated, apportionment was incorrect, and the SAWW increase calculation was erroneous. The Board granted reconsideration, affirming the award except for the SAWW increase calculation, which will be deferred for further proceedings.

WCABCommunity BridgesState Compensation Insurance FundEstela Luispermanent disabilityspecific industrial injurycumulative traumaCook Assistantpermanent disability rating schedulevocational rehabilitation experts
References
Case No. ADJ10765687
Regular
Oct 05, 2018

LUIS MACHAIN vs. COMMERCE LOGISTICS CENTER, LLC, STATE COMPENSATION INSURANCE FUND AND EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of Luis Machain v. Commerce Logistics Center, LLC. This decision was made based on an initial review of the record and statutory time constraints. The WCAB requires more time to thoroughly study the factual and legal issues to ensure a just and reasoned decision. All future correspondence regarding the petition for reconsideration must be filed directly with the WCAB Commissioners in San Francisco, not with the district office or through e-filing.

LUIS MACHAINCOMMERCE LOGISTICS CENTERLLCSTATE COMPENSATION INSURANCE FUNDEMPLOYERS COMPENSATION INSURANCE COMPANYADJ10765687Van Nuys District OfficeOPINION AND ORDERGRANTING PETITION FOR RECONSIDERATIONAugust 17
References
Case No. ADJ1754033 (SAC 0370201), ADJ1258059 (SAC 0364768), ADJ220448 (SAC 0364769), ADJ2785733 (SAC 0364770), ADJ4090010 (SAC 0364771), ADJ1380734 (SAC 0364772), ADJ4046532 (SAC 0364773)
Regular
Sep 01, 2011

MONTE PAYNE vs. CITY OF SAN RAFAEL

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a clerical error in the date of injury for case ADJ1258059. The WCAB affirmed the workers' compensation judge's (WCJ) prior findings, specifically regarding the employer's (City of San Rafael) liability for multiple stipulated injuries to the applicant (Monte Payne), including neck, shoulder, extremity, back, and psyche injuries. The WCAB upheld the WCJ's determination that payments of Labor Code section 4850 benefits do not preclude further temporary disability under Labor Code section 4656 and denied the defendant's request to set aside a stipulation to injury.

Monte PayneCity of San Rafaelfirefighterneck injuryshoulder injuryupper extremity injurypsyche injurycumulative traumatemporary disabilityLabor Code section 4850
References
Case No. ADJ971572 (SFO 0507738)
Regular
Jan 05, 2010

JAMES VON BIMA vs. CITY OF SAN RAFAEL, Permissibly Self-Insured, c/o REMIF

The defendant City of San Rafael petitioned for the removal of the Workers' Compensation Administrative Law Judge (WCJ), alleging bias and a predetermined opinion. The Workers' Compensation Appeals Board (WCAB) denied this petition. The WCAB found the petition procedurally deficient as it failed to specify grounds for disqualification or provide supporting facts under penalty of perjury. Consequently, the case is returned to the trial level for the WCJ to issue a decision.

Petition for DisqualificationLabor Code section 5311WCAB Rule 10452Permissibly Self-InsuredCity of San RafaelWorkers' Compensation JudgePetition for RemovalOrder of SubmissionPresiding Workers' Compensation Administrative Law JudgeCode of Civil Procedure
References
Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ10259451
Regular
Sep 10, 2019

LUIS SILVA vs. CITISTAFF SOLUTIONS, OLD REPUBLIC c/o GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. They amended the decision to reflect that Old Republic, not a different insurer, is the liable party for Luis Silva's injury. The Board also admitted Defendant's Exhibit E into evidence. Otherwise, the original decision awarding temporary disability, permanent disability, future medical treatment, and attorney's fees to Luis Silva was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportExhibit EOld RepublicGallagher Bassettgeneral laborerlumbar spineinternal injurytemporary disability indemnity
References
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