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

Case No. ADJ3924904
Regular
Jan 06, 2009

MARIO CHAVEZ-PINEDA vs. COR-O-VAN/EMPLOYERS LEASING CO., ST. PAUL/TRAVELERS INSURANCE

Reconsideration granted to amend clerical error in findings of fact regarding defendant's liability for temporary disability; interim attorney fees rescinded; matter returned for compliance with second opinion process for spinal surgery.

WORKERS' COMPENSATION APPEALS BOARDMARIO CHAVEZ-PINEDACOR-O-VAN/EMPLOYERS LEASING CO.ST. PAUL/TRAVELERS INSURANCEADJ3924904OPINION AND ORDER GRANTING RECONSIDERATIONTEMPORARY DISABILITYMEDICAL TREATMENTSPINAL SURGERYUTILIZATION REVIEW
References
Case No. ADJ4122317 (MON 0354191)
Regular
Nov 25, 2015

MARIO CRUZ vs. DIVERSIFIED MAINTENANCE SERVICES, INC., ZURICH

The Workers' Compensation Appeals Board (WCAB) dismissed Mario Cruz's Petition for Reconsideration. The dismissal was primarily due to the petition's failure to make specific citations to the record as required by WCAB Rule 10842(b) and relevant case law. Additionally, the petition was found to be skeletal and unverified, further supporting its dismissal. If not dismissed on procedural grounds, the WCAB would have denied the petition on its merits.

Petition for ReconsiderationWCAB Rule 10842(b)Specific Record CitationsUnverified PetitionLabor Code Section 5902Skeletal PetitionWCJ ReportDiversified Maintenance ServicesZurichMario Cruz
References
Case No. ADJ7969168; ADJ9330687
Regular
Mar 23, 2016

Mario Alcantar vs. Alfredo Melchor, Zenith Insurance Company

This case involves applicant Mario Alcantar's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously rescinded a joint finding and substituted a new one finding applicant sustained a lumbar spine injury but not a cervical spine injury during specified employment periods. Alcantar sought reconsideration to include a cervical spine injury during a different, unspecified period. The WCAB denied the petition, affirming its prior decision and incorporating it by reference.

Petition for ReconsiderationDecision After ReconsiderationJoint Findings of Factcumulative periodlumbar spinecervical spineindustrial injuryarising out of and occurring in the course of employmentWorkers' Compensation Appeals BoardZenith Insurance Company
References
Case No. ADJ9455597
Regular
Nov 09, 2015

MISAEL CHAVEZ vs. BRENT REDMOND TRANSPORTATION, INC., DISCOVER RE

This case involves applicant Misael Chavez seeking reconsideration of a decision by the Workers' Compensation Appeals Board (WCAB) filed on August 24, 2015. The WCAB has granted reconsideration to allow further study of the factual and legal issues presented. This action is deemed necessary to ensure a complete understanding of the record and to issue a just and reasoned decision. All future correspondence related to the petition for reconsideration must be filed directly with the WCAB Commissioners in San Francisco, not with district offices or electronically.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBrent Redmond TransportationDiscover ReCottingham & Butler Claim ServicesMisael ChavezADJ9455597Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ18302905
Regular
Jul 25, 2025

CHRISTIAN CHAVEZ vs. JETBLUE AIRWAYS CORPORATION, STARR INDEMNITY AND LIABILITY COMPANY

Defendant sought reconsideration of a Findings and Order (F&O) issued on April 15, 2025, by a workers' compensation administrative law judge (WCJ). The WCJ found that the applicant, Christian Chavez, sustained an injury arising out of and in the course of his employment, and that this injury was not barred by the going and coming rule, based on the special risk exception. Defendant contended that there was no evidence to support the application of the special risk exception. The Workers' Compensation Appeals Board reviewed the petition, applicant's answer, and the WCJ's report, ultimately denying the petition for reconsideration and concurring with the WCJ's findings regarding the special risk exception.

Workers Compensation Appeals BoardChristian ChavezJetBlue Airways CorporationStarr Indemnity and Liability CompanyAdjudication Number ADJ18302905Los Angeles District OfficePetition for ReconsiderationFindings and OrderArising out of and in the course of employment (AOE/COE)Going and coming rule
References
Case No. ADJ4096872
Regular
Nov 15, 2012

RAYMUNDO CHAVEZ vs. OAKHURST INDUSTRIES, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns applicant Raymundo Chavez's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied his petition, upholding the judge's finding of industrial injury to the low back and psyche, but not internal systems or sleep disorder. The applicant challenged the permanent disability rating for his psychiatric injury and the denial of his internal and sleep disorder claims, arguing the judge should have relied on specific physician reports. The Board found the applicant's treating physician's report on internal/sleep issues lacked substantial evidence, and that the judge properly exercised discretion in favoring one psychiatric report over another.

Workers Compensation Appeals BoardRaymundo ChavezOakhurst IndustriesTravelers Property Casualty Company of AmericaFindings of Fact and Awardindustrial injurylow backpsychepermanent disabilityapportionment
References
Case No. ADJ6532007
Regular
Apr 30, 2010

MANUEL CHAVEZ vs. TERRA UNIVERSAL, EMPLOYERS DIRECT CLAIMS THOU OAKS

The Workers' Compensation Appeals Board denied reconsideration of a decision in favor of applicant Manuel Chavez. The Board adopted the Administrative Law Judge's (ALJ) report, which found it more likely than not that Chavez was terminated because he filed a workers' compensation claim form. The ALJ gave great weight to Chavez's credible testimony regarding the timing of his termination and the inconsistencies in the employer's stated reasons for it. The Board affirmed the ALJ's credibility determination, leading to the denial of the defendant's petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Findings of Fact and AwardEAMSClaim FormTerminationLast Day of Work
References
Case No. ADJ6799286
Regular
Feb 08, 2013

OLEGARIO CHAVEZ vs. REINALDA FLORES GARCIA, FARMERS INSURANCE EXCHANGE

This Workers' Compensation Appeals Board (WCAB) case, ADJ6799286, involved a petition for reconsideration filed by Olegario Chavez. The WCAB dismissed Chavez's petition because it was both unverified and not timely filed. Even if the petition had been properly filed, the WCAB would have denied it on its merits, adopting the reasoning of the WCJ.

Petition for ReconsiderationDismissal OrderUnverified PetitionUntimely FilingWCJ ReportAdopted ReportDenied PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeLong Beach District Office
References
Case No. ADJ3995603 (MON 0246737), ADJ534884 (MON 0245064), ADJ4048703 (MON 0246736)
Regular
Jun 02, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INDEMNITY

The Workers' Compensation Appeals Board (WCAB) dismissed Herminegilda Chavez's petition for reconsideration because it was not taken from a "final" order. The WCAB explained that intermediate procedural or evidentiary decisions are not considered final. Additionally, the WCAB denied Chavez's petition for removal, as she failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. Therefore, the WCAB found no basis to grant extraordinary relief through removal.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueIntermediate Procedural OrderEvidentiary DecisionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
Case No. ADJ10420844
Regular
Oct 23, 2018

MARIO GARCIA vs. PENNY LANE CENTERS, YORK RISK SERVICES GROUP

The applicant filed a Petition for Removal challenging a trial setting order. Subsequently, the parties submitted a Compromise and Release agreement which was approved. Due to the settlement, the applicant's Petition for Removal became moot. Therefore, the Workers' Compensation Appeals Board dismissed the Petition for Removal.

Petition for RemovalCompromise and ReleasemootdismissedWorkers' Compensation Appeals BoardWCJtrialADJ10420844ApplicantDefendants
References
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