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

Case No. ADJ7643805; ADJ7749385 ADJ7749386

Regular

Sep 24, 2012

MARIA CAPETILLO vs. BARRETT BUSINESS SERVICES, CORVEL

A lien claimant's petition for reconsideration was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the lien claimant's failure to verify the petition and lack of proof of service on the parties involved. The WCAB noted that failure to comply with these procedural requirements is grounds for dismissal and that the lien claimant also misrepresented facts in their petition. The Board admonished the lien claimant regarding future sanctions for such misrepresentations.

WCABLien claimantPetition for ReconsiderationOrder Dismissing LienNotice of Intent to Dismiss LienUnverified petitionProof of serviceCalifornia Code of RegulationsLabor Code section 5902Misrepresentation of facts

References

Case No. ADJ3415530 (SAC 0368136), ADJ1469791 (SAC 0325629)

Regular

Jun 04, 2012

BARBARA BARTLETT GRIFFIN vs. SUTTER GENERAL HOSPITAL, CAPITAL GASTROENTEROLOGY CONSULTANTS MEDICAL GROUP, INC.

Preferred Employers Insurance Company sought reconsideration of an arbitrator's decision finding an industrial cumulative cervical and left shoulder injury. The arbitrator ordered defendants Everest and Preferred to contribute to a third owed by them, with their shares determined by their respective contributions in the last year of cumulative trauma. The Appeals Board dismissed Preferred's petition because it was unverified, as required by Labor Code section 5902, and lacked proof of service on the Workers' Compensation Appeals Board.

Petition for ReconsiderationUnverified PetitionProof of ServiceWorkers' Compensation Appeals BoardArbitration DecisionCumulative TraumaCervical InjuryLeft Shoulder InjuryLabor Code Section 5902Lucena v. Diablo Auto Body

References

Case No. ADJ2547747 (POM 0221083)

Regular

Jan 07, 2013

EDUARDO VALENCIA vs. SAMICK MUSIC CORPORATION, GOLDEN EAGLE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The petition was deficient as it was unsigned, unverified, and lacked proof of service on all parties. These defects violate Labor Code section 5902 and California Code of Regulations, title 8, section 10850. Even if the petition had been procedurally sound, the WCAB indicated it would have been denied on its merits.

Petition for ReconsiderationFindings and OrderCompromise and ReleaseFuture Treatment LiabilityUnsigned PetitionUnverified PetitionProof of ServiceLabor Code section 5902Lucena v. Diablo Auto BodyCalifornia Code of Regulations title 8 section 10850

References

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MARIA CAPETILLO vs. BARRETT BUSINESS SERVICES, CORVEL

BARBARA BARTLETT GRIFFIN vs. SUTTER GENERAL HOSPITAL, CAPITAL GASTROENTEROLOGY CONSULTANTS MEDICAL GROUP, INC.

EDUARDO VALENCIA vs. SAMICK MUSIC CORPORATION, GOLDEN EAGLE INSURANCE COMPANY