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

Case No. ADJ1415493 (MON 0254625) ADJ2515529 (POM 0136019)
Regular
Jul 22, 2011

MARIA NEVAREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This Workers' Compensation Appeals Board case involves defendant's petitions for reconsideration of two prior decisions. The Board granted these petitions to allow for further study of the factual and legal issues. This action is necessary to fully understand the record and issue a just decision. All further communications in this matter are to be directed to the Office of the Commissioners.

MARIA NEVAREZDEPARTMENT OF INDUSTRIAL RELATIONSlegally uninsuredSTATE COMPENSATION INSURANCE FUNDAdjusting AgencyJoint Findings and AwardAmended Joint Findings and AwardPetition for ReconsiderationWorkers' Compensation Appeals BoardOpinion and Order
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. ADJ6513976
Regular
Aug 12, 2010

MARIA EMPEDRADO vs. DENNY'S, GALLAGHER BASSETT

This case involves Maria Empedrado's workers' compensation claim against Denny's and its third-party administrator, Gallagher Bassett. The Workers' Compensation Appeals Board (WCAB) has denied Empedrado's petition for reconsideration of an earlier decision. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave great weight to the WCJ's credibility determinations.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Petition for Reconsiderationadministrative law judgeADJ6513976MARIA EMPEDRADODENNY'S
References
Case No. ADJ9718369
Regular
Aug 03, 2017

MARIA GALVAN vs. BOLTHOUSE FARMS, Broadspire

This case involves an applicant, Maria Galvan, versus employer Bolthouse Farms. The Workers' Compensation Appeals Board (WCAB) denied Galvan's Petition for Removal. The WCAB emphasized that removal is an extraordinary remedy, granted only when substantial prejudice or irreparable harm would occur. Furthermore, the applicant must show reconsideration would be an inadequate remedy. Since these criteria were not met, the petition was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWorkers' Compensation Appeals BoardWCJ ReportCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3405229 (AHM 0148132)
Regular
Feb 24, 2010

MARIA HERNANDEZ vs. ALBERTSON'S, SPECIALTY RISK

The Workers' Compensation Appeals Board dismissed Maria Hernandez's petition for reconsideration because it was not filed from a "final" order determining substantive rights or liabilities. The Board also denied her petition for removal, finding no showing of substantial prejudice or irreparable harm if removal was not granted. The WCJ's report and recommendation were adopted and incorporated into this decision. Therefore, the petition for reconsideration is dismissed, and removal is denied.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderProcedural DecisionEvidentiary DecisionRemovalSubstantial PrejudiceIrreparable HarmInadequate Remedy
References
Case No. ADJ7741312
Regular
Nov 27, 2013

MARIA GONZALEZ vs. MONTEREY PENINSULA COUNTRY CLUB

This case involves a petition for reconsideration filed by the applicant, Maria Gonzalez, against Monterey Peninsula Country Club. The applicant has formally withdrawn their petition for reconsideration of the September 24, 2013 decision. Consequently, the Workers' Compensation Appeals Board has dismissed the petition.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionSeptember 24 2013 decisionMonterey Peninsula Country ClubPermissibly Self-InsuredADJ7741312Salinas District OfficeMaria Gonzalez
References
Case No. ADJ3593389 (VNO 0327097) ADJ1373027 (VNO 0327930) ADJ3316700 (VNO 0326839) ADJ4178443 (VNO 0326834) ADJ974570 (VNO 0326833)
Regular
Apr 25, 2019

MARIA YRIBE vs. U. S. SALES CORPORATION

This Workers' Compensation Appeals Board decision denies Maria Yribe's Petition for Removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not met here. The Board found that reconsideration would be an adequate remedy if a final decision is adverse. Therefore, the petition is denied.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationadministrative law judgeextraordinary remedyfinal decisionadverse to petitionerCortez v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7352023 ADJ7351882 ADJ7552154
Regular
May 02, 2012

MARIA MALDONADO vs. LA ESPERANZA BAKERY, CYPRESS INSURANCE COMPANY

This order denies Maria Maldonado's Petition for Removal from the Workers' Compensation Appeals Board. The Board adopted the administrative law judge's report, finding no basis to disturb the prior decision. Therefore, the petition to remove the case to the Board for further review is denied.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying RemovalADJ7352023ADJ7351882ADJ7552154Sacramento District OfficeLA ESPERANZA BAKERYCYPRESS INSURANCE COMPANY
References
Case No. ADJ7236324
Regular
Oct 23, 2015

MARIA VILCHIS vs. NORWALK MARRIOTT, ZURICH NORTH AMERICAN

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Vilchis's Petition for Reconsideration. The dismissal was based on the applicant's failure to comply with WCAB Rule 10842(b), which mandates specific citations to the record to support evidentiary statements. The Board emphasized that the applicant cannot shift the burden of searching the record to the Appeals Board. This rule is consistent with appellate court procedures requiring proper record citation to avoid waiver of points.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesEvidentiary StatementsWaiverBurden of ProofAdministrative Law Judge ReportAppellate RulesDismissal Order
References
Case No. ADJ3031957 (LAO 0795488) MF ADJ4656358 (NOR 0208475) ADJ8271117
Regular
Mar 24, 2014

MARIA ADONICAN vs. COUNTY OF LOS ANGELES/GENERAL HOSPITAL

This case involves multiple industrial injuries claimed by the applicant, Maria Adonican. The defendant, County of Los Angeles/General Hospital, sought reconsideration of findings of total permanent disability for a 1993 injury and apportionment of disability among three injuries. The Board denied reconsideration, agreeing with the WCJ that the 1993 injury was the primary cause of the applicant's total permanent disability, supported by medical evidence. Defendant's arguments regarding lack of evidence for total permanent disability and improper apportionment were rejected.

Workers' Compensation Appeals BoardMaria AdonicanCounty of Los AngelesGeneral HospitalJoint Findings Award and OrderPermanent Total DisabilitySpecific Industrial InjuryCumulative Industrial InjuryApportionmentAgreed Medical Evaluator (AME)
References
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