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

Case No. ADJ2923882
Regular
Aug 28, 2013

MARCIAL MARTINEZ vs. MONARCH dba PES PAYROLL, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a June 16, 2013 decision. This action was taken due to statutory time constraints and an initial review indicating a need for further study of the factual and legal issues. The WCAB requires all future communications in this case to be submitted in writing directly to the Commissioners' office, not to any district office or via e-filing. The purpose of this reconsideration is to allow for a complete understanding of the record and to ensure a just decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardMARCIAL MARTINEZMONARCH dba PES PAYROLLAMERICAN HOME ASSURANCEADJ2923882VNO 0550303OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONstatutory time constraintsfactual and legal issues
References
Case No. ADJ838366
Regular
Sep 28, 2009

RICARDO MARTINEZ (Deceased) MARIA MARTINEZ (Widow) vs. OLIVER TRUCKING COMPANY, INC.; GRANT WEST CASUALTY

The Workers' Compensation Appeals Board (WCAB) has denied a Petition for Removal in the case of Ricardo Martinez (deceased) v. Oliver Trucking Company, Inc. The Board adopted the findings of the administrative law judge, finding no grounds to disturb the prior decision. Therefore, the petition seeking removal of the case for further review has been formally denied.

Petition for RemovalWorkers' Compensation Appeals BoardDeceased ApplicantOliver Trucking CompanyGrant West CasualtyADJ838366LAO 0882518Administrative Law Judge ReportDenied RemovalAlfonso J. Moresi
References
Case No. ADJ4112217 (ANA 0344909)
Regular
Dec 17, 2012

ANGEL MARTINEZ vs. KELLY SERVICES; CNA

The Workers' Compensation Appeals Board dismissed Angel Martinez's petition for reconsideration as untimely. The petition was filed on October 25, 2012, significantly after Martinez admits having notice of the WCJ's March 8, 2012, Findings and Award on July 5, 2012. California law requires petitions for reconsideration to be filed within twenty days of notice, with limited extensions for mailing. This jurisdictional deadline was not met, thus precluding the Board from granting the petition.

Petition for ReconsiderationUntimelyDismissedLabor Code section 5903WCAB Rule 10507JurisdictionalFindings and AwardNoticeWCJ's decisionADJ4112217
References
Case No. ADJ2923882 (VNO 0550303)
Regular
Jan 29, 2014

MARCIAL MARTINEZ vs. MONARCH dba PES PAYROLL, AMERICAN HOME ASSURANCE, FOAMEX, GALLAGHER BASSETT

This case involves applicant Marcial Martinez, injured while working for Foamex, who was leased by HR Business Staffing and paid by Monarch/PES. The Appeals Board affirmed the arbitrator's decision, finding that Monarch's policy WC 573-39-25, due to its "alternate employer endorsement" and contract with Air Ground Manpower, provided workers' compensation coverage. The Board determined that Monarch's role in processing payroll, coupled with the written agreement specifying insurance provision, satisfied the endorsement's requirements. Despite Monarch's arguments regarding its limited payroll role and allegations of fraud, the policy provisions and parties' conduct established coverage.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderArbitrator's DecisionInsurance CoverageMonarch ConsultingPES PayrollAmerican Home AssuranceHR Business StaffingAir Ground Manpower
References
Case No. ADJ805816 (AHM 0142886)
Regular
May 14, 2014

LIZA MARTINEZ vs. BURLINGTON SCHOOL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied Liza Martinez's Petition for Reconsideration in her case against Burlington School, Inc. and State Compensation Insurance Fund. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's report. The denial means Martinez's request for the WCAB to review its prior decision has been rejected.

Workers' Compensation Appeals BoardLiza MartinezBurlington SchoolState Compensation Insurance FundPetition for ReconsiderationDeniedWCJ ReportCal. Code Regs.tit. 8§ 10848
References
Case No. ADJ4413836
Regular
Aug 06, 2010

RAMIRO MARTINEZ vs. INTERWALL DEVELOPMENT CORPORATION, STATE COMPENSATION INSURANCE FUND SANTA ANA

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by Ramiro Martinez. The Board denied Martinez's petition. The denial was based on the report of the workers' compensation administrative law judge, which the Board adopted and incorporated. Therefore, the applicant's request for reconsideration of the prior decision was ultimately unsuccessful.

Petition for ReconsiderationDenying ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportAdopt and IncorporateService by MailPinnacle Lien ServicesState Compensation Insurance FundInterwall Development CorporationRamiro Martinez
References
Case No. ADJ8246745
Regular
Dec 19, 2017

Tommy Martinez vs. Security Paving Company, The Hartford Insurance Company

This case concerns Tommy Martinez's workers' compensation claim against Security Paving Company. The Board granted reconsideration to amend the award, finding Martinez did not sustain a compensable psychiatric injury due to insufficient employment duration. However, the Board affirmed the finding of permanent total disability from his orthopedic injury, ruling it unapportionable and supported by substantial medical evidence independent of vocational reports. The dissenting opinion argues the vocational evidence and QME's opinion on total disability are not substantial, lacking clarity on work capacity due to industrial injury versus other factors.

WCABSecurity Paving CompanyThe Hartford Insurance CompanyTommy MartinezADJ8246745Petition for ReconsiderationFindings and Awardpermanent total disabilitycumulative trauma injuryshoulders
References
Case No. ADJ7481094
Regular
Nov 19, 2012

ARTURO MARTINEZ vs. DISNEYLAND RESORT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of *Martinez v. Disneyland Resort* following a petition by lien claimant Safety Works Medical, Inc. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB aims to fully understand the record to issue a just decision. All future communications regarding this case must now be submitted in writing to the WCAB Commissioners in San Francisco, not to any district office or e-filed.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationCommissionersElectronic Adjudication Management SystemDisneyland ResortSafety Works Medical
References
Case No. ADJ770506
Regular
Sep 12, 2011

SILVESTRE MARTINEZ vs. EL CAMINO MEMORIAL PARK, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has dismissed Silvestre Martinez's petition for reconsideration. The dismissal is based on the petition being untimely filed. Even if it weren't untimely, the WCAB would have denied reconsideration on the merits. Therefore, the petition is officially dismissed.

Petition for ReconsiderationDismissing PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationUntimely PetitionMerits DenialSilvestre MartinezEl Camino Memorial ParkTravelers Insurance Company
References
Case No. ADJ3908311
Regular
Jul 07, 2009

LUCILA MARTINEZ vs. MANPOWER OF SAN DIEGO, TRANSCONTINENTAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Lucila Martinez's petition for reconsideration, affirming the administrative law judge's decision. The applicant's claim for a psychiatric injury, whether as a consequence of her admitted orthopedic injury or a new injury, was barred by the six-month employment provision of Labor Code section 3208.3(d). The Board adopted the judge's report and reasoning, finding no error in the denial of the psychiatric claim or the exclusion of Dr. Ruiz's report. While the majority denied reconsideration entirely, one commissioner dissented, arguing that the applicant should receive medical treatment for her psychiatric injury if it's necessary to cure or relieve her from the effects of her industrial orthopedic injury.

Workers' Compensation Appeals BoardLucila MartinezManpower of San DiegoTranscontinental Insurance CompanyFindings and Awardindustrial injurypsyche injuryorthopedic injuryLabor Code section 3208.3(d)compensable consequence
References
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