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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. ADJ168046 (AHM 0151884)
Regular
Jun 13, 2012

LUIS RAFAEL CHERO vs. TROPITONE FURNITURE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This Workers' Compensation Appeals Board case, involving Luis Rafael Cherro and Tropitone Furniture Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration, which had challenged a March 27, 2012 decision. The Board issued an order to this effect on June 13, 2012.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardTravelers Property Casualty Company of AmericaTropitone Furniture CompanyLuis Rafael CherDecision March 27 2012Order DismissingSan Francisco California
References
Case No. ADJ7959497
Regular
May 22, 2019

ILDEFONSO ORTIZ vs. CITY FIBERS, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANY (BHHC)

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the petition being untimely filed. The WCAB clarified that a petition must be *received* by the board within the statutory 25-day period, not merely mailed. Despite claims of defective service, the WCAB found proper service on the lien claimant's representative. As the petition was filed on March 28, 2019, after the jurisdictional deadline of March 18, 2019, it was dismissed.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB ServiceDefective ServiceLien ClaimantOfficial Address RecordAdministrative Law JudgeAppeals BoardDismissal
References
Case No. ADJ10428791
Regular
May 17, 2019

NADINE PEYTON (Deceased) LYNAE BANKS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case involves Nadine Peyton's (deceased) claim against the Los Angeles Unified School District for a psychiatric injury. The Board granted reconsideration and affirmed the original decision, but amended it to admit Applicant's Exhibit 13 into evidence. The case reiterates the legal standard for compensability of psychiatric injuries, requiring work events to be predominant (over 50%) and not substantially caused by lawful personnel actions. Admission of Exhibit 13 likely impacts the evidence considered regarding the injury's causation.

PeytonLos Angeles Unified School DistrictSedgwick Claims Management ServicesADJ10428791Petition for ReconsiderationWorkers' Compensation Administrative Law JudgePredominantPsychiatric InjuryLab. Code§ 3208.3
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ9588485
Regular
May 01, 2017

ROBIN COHEN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, CCI TEHACHAPI, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to correct a typographical error in the date permanent disability benefits began, amending the Finding of Fact from March 15, 2013, to March 13, 2015. The Board affirmed the original award's finding that the applicant correctional officer sustained an industrial heart injury, applying the presumption under Labor Code section 3212.2. All other aspects of the original award were upheld.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and AwardLabor Code section 3212.2correctional officerindustrial injuryheart injurypermanent disability indemnitytypographical errorWCJ
References
Case No. ADJ1659661
Regular
Apr 30, 2009

ANDRES C. PEREZ vs. ITO BROTHERS, ZENITH INSURANCE

This case involves a petition for reconsideration filed by the applicant, Andres C. Perez, regarding a Workers' Compensation Appeals Board (WCAB) decision from March 12, 2009. The petitioner has officially withdrawn their petition for reconsideration. Consequently, the WCAB has issued an order dismissing the petition.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardZenith InsuranceITO BROTHERSAndres C. PerezMarch 122009 DecisionADJ1659661
References
Case No. ADJ7811897, ADJ7975786
Regular
Mar 04, 2013

LUCIA CERON vs. COUNTY OF VENTURA

This Workers' Compensation Appeals Board case, involving Lucia Ceron and the County of Ventura, is being dismissed. The dismissal is due to the petitioner's voluntary withdrawal of their Petition for Reconsideration. The Board accordingly ordered the reconsideration petition dismissed on March 4, 2013.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardCounty of VenturaApplicantDefendantPermissibly Self-InsuredOrder DismissingCase Nos. ADJ7811897
References
Case No. ADJ8061000
Regular
Jan 23, 2014

KENNETH KENNARD vs. HOUSTON OILERS, TIG SPECIALTY INSURANCE, ZENITH INSURANCE COMPANY

In *Kennard v. Houston Oilers*, the Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration. This dismissal was due to the petitioner's withdrawal of the reconsideration request. The original decision, which the reconsideration sought to challenge, was issued on November 13, 2013. The Board's order formally recorded this dismissal.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardADJ8061000Santa Ana District OfficeNovember 13 2013Houston OilersTIG Specialty InsuranceZenith Insurance Company
References
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