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

Case No. ADJ7584931
Regular
Jul 07, 2016

MARCIANO CORNEJO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Marciano Cornejo's Petition for Reconsideration because it was filed on May 9, 2016, which was untimely. The WCJ's decision was served by mail on July 30, 2014, and the statutory 25-day filing period had expired. Timeliness is a jurisdictional requirement, meaning the WCAB lacked the authority to consider the petition. Even if timely, the petition would have been denied on the merits based on the WCJ's report.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Workers' Compensation Administrative Law JudgeMarcirano CornejoAll American Asphalt
References
4
Case No. ADJ4111589, ADJ2809505, ADJ4372783, ADJ1391390, ADJ2081394, ADJ8992669
Regular
Oct 09, 2015

GUILLERMO CORNEJO vs. SOLAR TURBINES, INC.

This case involves a worker who sustained multiple admitted industrial injuries to his right foot, back, right thigh, psyche, right lower extremity, and hands. The applicant alleged a subsequent left shoulder condition arose as a compensable consequence of these prior injuries due to a fall. Initially, an administrative law judge found the fall was not industrial, ruling the applicant merely tripped. However, the Workers' Compensation Appeals Board granted reconsideration, finding that medical evidence established the applicant's admitted industrial injuries caused weakness in his right lower extremity and balance issues, which contributed to his fall. Therefore, the Board reversed the prior ruling, determining the left shoulder condition was a compensable consequence of the original industrial injuries.

compensable consequenceadmitted industrial injuriesleft shoulder conditionright footright lower extremitybalanceweaknessfallL4-L5 fusionradiculopathy
References
4
Case No. MON 0322465
Regular
Jan 03, 2008

AFRA CORNEJO vs. COUNTY OF LOS ANGELES

This case involved separate appeals from the applicant and defendant regarding an administrative law judge's findings on permanent disability apportionment and temporary disability overpayment. The applicant argued against apportionment of permanent disability, while the defendant sought credit for alleged overpayment of temporary disability. The Workers' Compensation Appeals Board denied both petitions, affirming the administrative law judge's decision. The Board clarified that Labor Code section 4656(b) limits temporary partial disability, not temporary total disability, thus the defendant was not entitled to a credit for overpayment.

Workers Compensation Appeals BoardAgreed Medical EvaluatorApportionmentPermanent DisabilityTemporary Disability IndemnityLabor Code Section 4656(b)Temporary Partial DisabilityTemporary Total DisabilityCreditRestitution
References
1
Case No. ADJ9351964 ADJ9351965
Regular
Apr 13, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFE INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed its prior decision, holding that Business and Professions Code section 22451(b) exempts agents and independent contractors of attorneys from registration requirements for photocopying services, even when compensated. This exemption applies to lien claimants like Western Imaging Services, Inc., when they act as authorized representatives of an attorney. The Board rejected the defendant's argument that the exemption should be narrowly construed to exclude compensated photocopiers. Therefore, proof of compliance with registration and bonding provisions was not required for the lien claimant to recover copy service fees.

Workers' Compensation Appeals BoardYounique Cafe Inc.Zenith Insurance CompanyWestern Imaging Services Inc.Rogelio CornejoMedical-Legal ExpensesLabor Code Section 4620(a)Business and Professions Code Chapter 20Business and Professions Code Section 22451(b)Agent
References
9
Case No. ADJ9351964 ADJ9351965
Regular
Mar 15, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFÉ, INC., ZENITH INSURANCE COMPANY

In this case, the Workers' Compensation Appeals Board granted reconsideration of its prior en banc decision. The prior decision held that Chapter 20 of Division 8 of the Business and Professions Code did not apply to a copy service lien claimant acting as an agent or independent contractor for a lawyer. Consequently, proof of registration and bonding under Business and Professions Code sections 22450 and 22455 was deemed unnecessary in such circumstances. The Board granted reconsideration to further study the factual and legal issues presented.

Workers' Compensation Appeals BoardYounique CaféZenith Insurance CompanyWestern Imaging ServicesInc.Rogelio CornejoPetition for ReconsiderationEn BancChapter 20Business and Professions Code
References
0
Case No. ADJ8321950
Regular
Apr 30, 2013

JACINTO CORNEJO vs. FOWLER PACKING CO., STAR INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petitions for removal and reconsideration. The Board upheld the finding that the applicant sustained an industrial injury from dehydration, relying on the administrative law judge's credible assessment of the applicant's testimony regarding working conditions and reporting of the injury. The Board agreed that the applicant's testimony was sufficient to trigger a reasonable investigation by the employer, despite the defendant's claims about discovery closure and lack of notice.

Petition for RemovalPetition for ReconsiderationInjurious EventDehydrationAOE/COECredibilityMedical EvidenceDiscovery ClosedBurden of ProofReasonable Investigation
References
0
Case No. ADJ9351964, ADJ9351965
Significant
Dec 22, 2015

Rogelio Cornejo vs. YOUNIQUE CAFÉ, INC.; ZENITH INSURANCE COMPANY

The Appeals Board held that a copy service acting as an agent or independent contractor for an attorney is exempt from the registration and bonding requirements of the Business and Professions Code, rescinding the WCJ's decision to disallow their lien.

Business and Professions Code Section 22451Professional photocopierLien claimantIndependent contractorAgent of attorneyMedical-legal expensesRegistration requirementsBonding requirementsEn banc decisionWorkers' Compensation Appeals Board
References
19
Case No. ADJ9351964, ADJ9351965
En Banc
Apr 13, 2016

Rogelio Cornejo vs. Younique Cafe Inc., Zenith Insurance Company

The Appeals Board affirmed its previous en banc decision, holding that a copy service acting as an agent or independent contractor for a member of the State Bar is exempt from the registration provisions of the Business and Professions Code.

WCABen bancBusiness and Professions Code Section 22451lien claimantregistration and bondingindependent contractormedical-legal expensesLabor Code section 4620(a)prima facie showingState Bar
References
9
Case No. ADJ9351964, ADJ9351965
En Banc
Apr 13, 2016

Rogelio Cornejo vs. Younique Cafe Inc., Zenith Insurance Company

The Appeals Board affirmed its prior en banc decision, holding that a copy service acting as an agent or independent contractor for an attorney is exempt from the registration and bonding requirements of the Business and Professions Code when seeking to recover medical-legal copy service fees.

Workers' Compensation Appeals BoardYounique Café IncZenith Insurance CompanyWestern Imaging ServicesBusiness and Professions Code Section 22451Medical-Legal ExpensesLabor Code Section 4620Lien ClaimantIndependent ContractorState Bar
References
23
Case No. ADJ7816367
Regular
Sep 23, 2013

JUAN CAMARENA vs. CORNEJO CREST MANAGEMENT, PACIFIC COMPENSATION NSURANCE COMPANY

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by lien claimant Physical Rehabilitation Services, represented by AV Management & Collection. The Board adopted the Workers' Compensation Judge's report, which found the lien was properly dismissed for failure to pay the mandatory lien activation fee prior to the lien conference. The Judge also noted the lien claimant used an incorrect document title for their petition and failed to appear at the conference despite proper service. The Board found no basis to impose sanctions on the defendant.

Lien activation feeLabor Code Section 4903.06Petition for ReconsiderationOrder Dismissing LienWorkers' Compensation Appeals BoardFigueroa v. Employers Comp. Ins. Co.AV Management CollectionPhysical Rehabilitation Servicescompromise and releaseEAMS
References
1
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