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

Case No. ADJ6888100
Regular
Jul 03, 2012

MIGUEL AVALOS vs. SATICOY LEMON ASSOCIATION, Permissibly Self-Insured, Adjusted By YORK INSURANCE GROUP

In Miguel Avalos v. Saticoy Lemon Association, the Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration. This action was taken to allow the Board sufficient time to thoroughly review the factual and legal issues presented in the case. The WCAB requires this deeper examination to ensure a complete understanding of the record and to issue a just and reasoned decision. All future filings related to this matter must be submitted directly to the WCAB Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDMIGUEL AVALOSSATICOY LEMON ASSOCIATIONYORK INSURANCE GROUPPetition for ReconsiderationOPINION AND ORDER GRANTING RECONSIDERATIONstatutory time constraintsfactual and legal issuesjust and reasoned decisionfurther proceedings
References
Case No. ADJ8160241, ADJ8160224
Regular
Oct 04, 2012

MIGUEL DOMINGUEZ vs. MYERS CONTAINER,LLC

This case concerns Miguel Dominguez versus Myers Container, LLC, consolidated under Case No. ADJ8160241 and ADJ8160224. A petition for removal was filed by the applicant and subsequently withdrawn. As a result of the withdrawal, the Workers' Compensation Appeals Board has issued an order dismissing the petition for removal. No further action will be taken on this matter.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMIGUEL DOMINGUEZMYERS CONTAINERLLCCCMSIADJ8160241ADJ8160224
References
Case No. ADJ8979988
Regular
Sep 20, 2017

MIGUEL GARCIA vs. SERVISAIR, LLC, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case, ADJ8979988, involved an applicant, Miguel Garcia, and defendants Servisair, LLC and Liberty Mutual Insurance Company. The defendant, Servisair, LLC, withdrew its Petition for Reconsideration, which had been filed on July 31, 2017. Consequently, the Board dismissed the petition. The Board also reminded the defendant of its obligation to serve all documents on all parties involved in the case, noting proper service had now been made regarding the withdrawal.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWCAB RulesService of DocumentsWorkers' Compensation Appeals BoardMiguel GarciaServisair LLCLiberty Mutual Insurance CompanyADJ8979988
References
Case No. ADJ2956969 (VNO 0543215)
Regular
Sep 27, 2018

MIGUEL HERNANDEZ vs. HERSHEL ABELMAN, CLARENDON NATIONAL INSURANCE COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a previous decision regarding applicant Miguel Hernandez. The WCAB adopted the findings of the workers' compensation administrative law judge (WCALJ) for the most part. However, they specifically excluded two paragraphs from the WCALJ's report. The petitions for reconsideration filed by the defendants were consequently denied.

Workers' Compensation Appeals BoardPetitions for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportdenial of reconsiderationButts JohnsonLewis BrisboisClarendon National Insurance CompanySedgwickHershel Abelman
References
Case No. ADJ1316873 (LBO 0325861)
Regular
May 16, 2012

MIGUEL LOPEZ vs. TRI-STATE RESTORATIONS, INC., CREDIT GENERAL INSURANCE

This case concerns Miguel Lopez's appeal regarding inadequate notice of his employer's Medical Provider Network (MPN) and denial of treatment requests. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration. The WCAB found that the applicant received adequate notice of the MPN and was treated by an MPN physician for over three years. Furthermore, issues regarding specific treatment denials were not properly raised at trial and can be addressed in a new filing. The applicant's motion to strike was deemed premature given the procedural posture of the case.

Workers' Compensation Appeals BoardTri-State RestorationsInc.California Insurance Guarantee AssociationMiguel LopezPetition to StrikeMedical Provider NetworkMPNDr. Mark GreenspanDr. Domenick Sisto
References
Case No. ADJ9778324
Regular
Nov 08, 2017

JAIRO RAMOS vs. JTS JOSE TREE SERVICE, INC., JOSE MIGUEL SOTO, DANIEL SOTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a workers' compensation claim where the applicant sustained an admitted industrial injury. The primary issue is determining the identity of the employer(s), with allegations of joint ownership/operation between JTS Jose Tree Service, Inc., Jose Miguel Soto, and Daniel Soto. Jose Soto's petition for reconsideration was dismissed as untimely and procedurally deficient. Daniel Soto's petition was granted because the original findings lacked evidentiary support and the record required further development regarding employment status and potential licensing issues. The case is remanded to the trial level for further proceedings.

Workers Compensation Appeals BoardJTS Jose Tree ServiceJose Miguel SotoDaniel SotoUninsured Employers Benefits Trust FundFindings of FactOrder of DeferralPetition for ReconsiderationJoint EmployersSubstantial Shareholder
References
Case No. ADJ13900666
Regular
Aug 01, 2025

German Renteria Pina vs. Miguel Diaz dba Brother Landscape, Da Vinci Schools

German Renteria Pina, the applicant, sustained a specific injury while employed by Miguel Diaz dba Brother Landscape, an uninsured entity. Da Vinci Schools, a permissibly self-insured entity, was also named as a defendant. The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a WCJ's finding that Pina was an employee of Diaz and not Da Vinci, arguing errors in employment burden of proof and insufficient evidence. The Workers' Compensation Appeals Board granted the petition, rescinded the prior Findings of Fact and Order, and returned the matter to the trial level for further proceedings. This decision was made because the record was deemed incomplete to adequately determine Diaz's independent contractor status or the applicability of licensing requirements.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundMiguel Diaz dba Brother LandscapeDa Vinci SchoolsAdjudication NumberPetition for ReconsiderationFindings of Fact and OrderWCJBurden of ProofUltimate Hirer
References
Case No. ADJ4635937 (VNO 0223313) ADJ4329624 (VNO 0237190)
Regular
May 12, 2011

MIGUEL MAZARIEGO, JR. vs. GENERAL REHAB SERVICES, INC.

The applicant sought reconsideration of a prior Findings and Award, disputing the adequacy of temporary disability compensation and reimbursement for self-procured medical treatment. The applicant also claimed the judge erred in not admitting additional evidence and sought sanctions against defense counsel. The Board dismissed the petition for reconsideration as untimely, as it was filed beyond the statutory deadline. While noting the petition was procedurally flawed, the Board stated it would have denied it on its merits if it had been timely. The applicant was also admonished for improperly attaching documents already in evidence.

Workers' Compensation Appeals BoardMiguel MazariegoGeneral Rehab ServicesFindings and Awardindustrial injuriestemporary disabilityself-procured medical treatmentcervical surgerieslumbar surgeriespetition for reconsideration
References
Case No. ADJ7756309
Regular
Jan 09, 2012

Miguel Robles vs. Evolution Fresh, Inc., Amtrust North America

In **Robles v. Evolution Fresh, Inc.**, the applicant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration. This action was taken to allow further study of the factual and legal issues presented in the case. The Board aims to issue a just and reasoned decision after thorough review and potential further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Decisionstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneDejdra E. Lowe
References
Case No. ADJ6733687
Regular
Apr 05, 2013

MIGUEL BAUTISTA vs. HUXTABLES KITCHEN, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior award, and returned the case for further proceedings. The Appeals Board found that the lien claimant failed to meet its burden of proof in demonstrating that the dispensed medications were reasonable and necessary for the applicant's injury. Crucially, the admitted evidence lacked specifics on the medications prescribed, their dosages, and the medical rationale for their use. Therefore, the lien claimant did not establish entitlement to the full amount claimed.

Petition for ReconsiderationFindings of FactAward & OrderLien ClaimantFrontier Medical AssociatesHuxtables KitchenInc.Insurance Company of the WestMiguel BautistaAdministrative Law Judge (WCJ)
References
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