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

Case No. ADJ8332660
Regular
Feb 28, 2019

CELEDONIO RAMIREZ vs. MANO PALLETS, INC.; IMPERIUM, adjusted by ATHENS

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by the defendant. The petition was dismissed because it was untimely, as it was filed on December 3, 2018, beyond the November 13, 2018 deadline for seeking removal of the WCJ's October 19, 2018 Findings and Order. The WCAB emphasized that filing with the Board, not just mailing, is required to meet the deadline. Furthermore, even if timely, the petition would likely have been denied due to a lack of demonstrated prejudice.

Petition for RemovalUntimely FilingDismissalWCABWorkers' Compensation Administrative Law Judge (WCJ)Findings and OrderService by MailTime ExtensionProof of FilingSubstantial Prejudice
References
Case No. RIV 41509
Regular
Mar 07, 2008

JUAN VALDEZ vs. PRIORITY PALLET, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinded the dismissal of the lien claimant's claim, and returned the matter to the trial level for further proceedings. This decision was based on the finding that the lien claimant's motion to set aside the dismissal notice was timely filed. The Board noted that while the lien claimant did fail to appear at a hearing, potentially violating procedural rules, their timely filing warranted further consideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Lien ClaimDue ProcessNotice of Intention to DismissRule 10562Failure to AppearGood CauseSanctionRescinded
References
Case No. ADJ3491952
Regular
Sep 04, 2012

ELISEO CHACON vs. PICO RIVERA PALLETS INCORPORATED, CALIFORNIA INSURANCE COMPANY

This case involves a lien claimant, Access Mediquip, seeking payment for surgical implants. The Workers' Compensation Judge disallowed the lien, finding the claimant not credible regarding the actual costs of the implants, despite acknowledging their provision. Access Mediquip filed a petition for reconsideration, but the Appeals Board dismissed it. The dismissal was based on the petition being untimely filed 26 days after the judge's decision was mailed, exceeding the statutory 20-day period extended by 5 days for mail service.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationTimelinessDismissalWCJ decisionLumbar fusion surgeryAccess MediquipPico Rivera PalletsCalifornia Insurance Company
References
Case No. ADJ8718778
Regular
Jul 06, 2015

BETOEL GOMEZ vs. UNITED PALLET SERVICES, CIGA

This case concerns applicant Betoel Gomez's claim for permanent disability due to a right hand and bilateral wrist injury. The defendant, United Pallet Services, sought reconsideration of a $21\%$ permanent disability award, arguing the Qualified Medical Evaluator (QME) improperly used an analogical rating rather than AMA Guides' scheduled ratings. The Appeals Board granted reconsideration, agreeing the QME failed to adequately justify the analogical rating in his supplemental report. Ultimately, the Board amended the award to $10\%$ permanent disability, based on the QME's initial report which applied the AMA Guides to grip strength loss.

Workers' Compensation Appeals BoardCIGAUllico Casualty Companyliquidationpermanent disabilityWhole Person ImpairmentWPIAMA GuidesAlmaraz/GuzmanQualified Medical Evaluator
References
Case No. SAL 0118930
Regular
May 02, 2008

MARIA I. GONZALEZ vs. SAN BENITO FOODS and SAFETY NATIONAL INSURANCE C/O CAMBRIDGE INTEGRATED SERVICES

The applicant sought reconsideration of a WCJ's decision that found she intentionally left the Medical Provider Network (MPN). The applicant argued that Pinnacle Healthcare wasn't a specific physician and her MPN information was insufficient. The Appeals Board granted reconsideration and amended the order to clarify that the applicant must return to the specific doctor treating her at Pinnacle Healthcare in Gilroy, or select a new physician within the MPN.

Medical Provider NetworkMPNPrimary Treating PhysicianIndustrial InjuryPalletizerFindings and OrderPetition for ReconsiderationWCJMedical Provider HandbookIndustrial Injury
References
Case No. ADJ4189144
Regular
Jul 10, 2013

Carlos Alberto Recinos vs. Monarch Litho, Inc., State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied the applicant's claim for serious and willful misconduct. The WCAB found that the prior decision was not based on substantial evidence, particularly concerning the expert testimony regarding the cause of the applicant's severe injury. Because the original judge retired and crucial evidence was flawed, the WCAB rescinded the prior order. The case is now returned to the Presiding Judge to be assigned to a new judge for further proceedings and a new decision.

Serious and Willful MisconductLabor Code section 6400Pallet JackSerious and WillfulReconsiderationFindings and OrderWCJAdjudicationRebuttal TestimonyAccident Reconstructionist
References
Case No. STK 195467
Regular
Aug 13, 2007

Jason Becht vs. Manpower, Inc. / Bunge North America, ACE American Insurance, Cambridge Integrated Services

This case concerns whether an applicant is entitled to further temporary disability indemnity payments after exhausting the 104-week limit within two years under Labor Code § 4656(c)(1). The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings, requiring a determination of the actual date temporary disability payments first commenced. The Board ruled that weeks worked do not extend the two-year limit and that it lacks jurisdiction to address constitutional challenges to the statute.

Workers' Compensation Appeals BoardTemporary Disability IndemnityLabor Code Section 4656(c)(1)Compensable Weeks LimitDate of CommencementEstoppelMedical Treatment DelayUnconstitutional StatuteJurisdictionEn Banc Decision
References
Case No. ADJ7188804; ADJ7196928
Regular
Feb 16, 2018

LURA SESSIONS vs. THE KROGER COMPANY, SEDGWICK ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board affirmed the original findings and award but amended it to defer the issue of temporary total disability. This decision stems from a dispute over the period of temporary total disability indemnity awarded to the applicant, Lura Sessions, for knee and psyche injuries sustained while employed by The Kroger Company. The case is being returned to the WCJ for further proceedings regarding temporary disability.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Total Disability IndemnityKnee InjuryPsyche InjuryOrder PullerPallet Jack OperatorAgreed Medical EvaluatorPermanent and Stationary Status
References
Case No. ADJ7777181
Regular
Sep 26, 2012

GELMER ARRIAZA vs. CHUALAR PALLETS RECYCLE, TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order, citing that interlocutory procedural decisions do not determine substantive rights or liabilities. The WCAB also denied the petition for removal, adopting the Workers' Compensation Judge's report and finding no showing of substantial prejudice or irreparable harm. Additionally, the WCAB admonished the applicant's attorney for failing to include his State Bar number. Consequently, the Petition for Reconsideration was dismissed and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory DecisionRemovalWCJ Report and RecommendationSubstantial PrejudiceIrreparable HarmState Bar NumberRules of Court Administrator
References
Case No. ADJ10897693
Regular
May 03, 2019

JUAN HERNANDEZ vs. CLASSIC PALLETS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, amending a prior order to correct the injured body part from the right to the left ankle, as stipulated by the parties. The Board affirmed the temporary disability findings, including the calculated earning capacity, based on the administrative law judge's credibility determination regarding the applicant's unreported earnings. This decision corrects a factual error while upholding the essential awards for the applicant's injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderTemporary DisabilityEarning CapacityAverage Weekly EarningsLabor Code Section 4453(c)(4)StipulationIndustrial InjuryLeft Ankle
References
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