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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ7270261
Regular
Mar 01, 2012

MEKAL FARUKI vs. MACY'S DEPARTMENT STORES

This case involves Mekal Faruki's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition as untimely. Labor Code section 5903 establishes a strict 20-day deadline for filing reconsideration petitions, with a possible 5-day extension for mailing. Critically, the petition is considered filed upon receipt, not mailing date. Faruki's petition was filed over 25 days after the December 10, 2010 decision, rendering it jurisdictionally barred.

Mekal FarukiMacy's Department StoresPetition for ReconsiderationUntimely FilingLabor Code Section 5903WCAB Rule 10507Jurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardSacramento District Office
References
Case No. ADJ926004 (MON 0350313)
Regular
Nov 26, 2012

PAULENE THOMSON vs. SOUTHERN KERN UNIFIED SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior award. The original award found the applicant reached maximum medical improvement (MMI) on January 7, 2008, entitling her to increased benefits. The defendant argued this MMI date was incorrect and contradicted by Agreed Medical Evaluator reports. The Board amended the award to defer the MMI date issue, allowing parties to adjust it, and returned the case for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMaximum Medical Improvement (MMI)Labor Code Section 4658Agreed Medical Evaluator (AME)Permanent Disability IndemnityTemporary Disability IndemnityStipulationsPermanent and Stationary Date
References
Case No. GRO 024430
En Banc
Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption
References
Case No. ADJ1707650 (SAL 0075628)
Regular
Jun 20, 2011

KAREN CLARK (Deceased) JEFFREY J. CLARK(Dependent) vs. AIRBORNE EXPRESS/DHL, AMERICAN MANUFACTURER'S INSURANCE COMPANY/SEDGWICK CLAIMS MANAGEMENT SERVICES

The applicant sought reconsideration of a decision that barred their death benefit claim due to the statute of limitations. They argued that compensable consequence injuries should be treated as new injuries, with the date of knowledge of industrial causation being the relevant date. The Workers' Compensation Appeals Board granted reconsideration, adopting the judge's report, and amended the findings. The amended finding clarifies the injured worker's death from a Fentanyl overdose and asserts it was a compensable consequence of a prior industrial injury.

Workers' Compensation Appeals BoardDeath CaseLabor Code section 5406Compensable consequence injuriesStatute of limitationDate of knowledgeIndustrial injuryFentanyl overdosePetition for reconsiderationFindings and Order
References
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
References
Case No. ADJ8725582
Regular
Dec 08, 2016

FREDDY HENRIQUEZ vs. FRED LEEDS PROPERTIES, LIBERTY MUTUAL, AMTRUST NORTH AMERICA/TECHNOLOGY INSURANCE

This case concerns a lien claim by Tri-County Medical Group for services rendered between May 1, 2013, and November 6, 2013. The lien was dismissed as untimely by the Workers' Compensation Administrative Law Judge (WCJ) due to the statute of limitations. The WCJ correctly applied Labor Code section 4903.5(a), which mandates an 18-month filing deadline for services provided on or after July 1, 2013. Since the lien was filed on February 26, 2016, over 18 months after the last date of service, the Appeals Board denied the lien claimant's petition for reconsideration.

Labor Code 4903.5(a)lien claimstatute of limitationspetition for reconsiderationWorkers' Compensation Appeals BoardWCJorder dismissing liendate of services18-month limitation periodongoing treatment
References
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
Case No. ADJ206397
Regular
Mar 04, 2016

WANDA HIGHSMITH vs. COUNTY OF SAN DIEGO

This Workers' Compensation Appeals Board order corrects a clerical error in the date of service for a previous decision. The original decision mistakenly stated the service date as March 3, 2016, when it should have been March 4, 2016. The Board is authorized to correct such errors without further proceedings. The corrected date of service is now March 4, 2016.

Workers' Compensation Appeals Boardclerical errordate of serviceOpinion and OrderPetition for Reconsiderationcorrecting errorSupplemental Proceedingsamended date
References
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