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

Case No. ADJ3967688 (MON 0358312)
Regular
Aug 20, 2018

DAVID SMYTHE vs. DART LOGISTICS SERVICES, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied David Smythe's Petition for Removal in this case. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The WCAB found that Smythe failed to demonstrate such harm and that reconsideration would be an adequate remedy if an adverse final decision is issued. Therefore, the Board concluded that removal was not warranted.

Petition for RemovalAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationfinal decisionextraordinary remedyADJ3967688Pomona District Office
References
Case No. ADJ246378 (MON 0251329), ADJ3258197 (MON 0228135), ADJ419157 (MON 0184421)
Regular
Jul 03, 2012

GERALD WATSON vs. CONTINENTAL INSURANCE COMPANY\/ESIS, SANTA MARGARITA HIGH SCHOOL, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board has denied Gerald Watson's Petition for Reconsideration in its entirety. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the original decision remains unmodified.

Workers' Compensation Appeals BoardGerald WatsonContinental Insurance CompanyESISSanta Margarita High SchoolFireman's Fund Insurance CompanyADJ246378ADJ3258197ADJ419157Order Denying Reconsideration
References
Case No. ADJ1457637
Regular
May 20, 2014

NEOMI SEQUEIROS vs. COMPTON UNIFIED SCHOOL DISTRICT, GALLAGHER BASSETT

The Workers' Compensation Appeals Board has dismissed a Petition for Reconsideration filed by Compton Unified School District and Gallagher Bassett in the case of Neomi Sequeiros. This dismissal is due to the petitioner's withdrawal of the petition. The original decision being reconsidered was issued on March 5, 2014. The Board formally issued this dismissal order on May 20, 2014.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCompton Unified School DistrictGallagher BassettNeomi SequeirosADJ1457637LBO 0366014March 5 2014
References
Case No. ADJ3024498
Regular
Jul 02, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of *Acosta v. Anaya*. This decision was made after an initial review of the record indicated a need for further study of the factual and legal issues. The WCAB granted reconsideration to ensure a complete understanding and to issue a just decision, ordering all related communications to be filed directly with the Commissioners. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the WCAB.

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE
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. ADJ6781238
Regular
Mar 08, 2013

JORGE MORA vs. CLP RESOURCES, INC., ESIS

This case involved a carpenter, Jorge Mora, who sustained an industrial injury to his left hand while employed by CLP Resources, Inc. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's prior decision finding that the injury was proximately caused by CLP Resources' serious and willful misconduct. The WCAB also upheld the WCJ's determination that the serious and willful misconduct claim was not barred by the statute of limitations. The defendant's petition for reconsideration was denied, affirming the original award of compensation and attorney's fees.

Workers' Compensation Appeals BoardSerious and willful misconductIndustrial injuryCarpenterLeft hand injuryStatute of limitationsCompromise and ReleasePetition for ReconsiderationFindings and AwardWCJ Report and Recommendation
References
Case No. ADJ7949362
Regular
Dec 14, 2015

DANIEL CONTRERAS vs. GHILOTTI BROTHERS INCORPORATED, ZURICH

This case involves a petition for reconsideration filed by a petitioner that was subsequently withdrawn. The Workers' Compensation Appeals Board has issued an order dismissing the petition due to its withdrawal. Therefore, the appeal proceeding is terminated as per the petitioner's request.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWithdrawnGhilotti Brothers IncorporatedZurichDaniel ContrerasADJ7949362San Francisco District OfficeMarguerite Sweeney
References
Case No. ADJ9176746, ADJ10288149
Regular
Jan 05, 2018

ANA MARIA ROCHA vs. GREEN VALLEY CHRISTIAN CENTER, CHURCH MUTUAL INSURANCE COMPANY

This case involves Ana Maria Rocha's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied reconsideration, adopting the Administrative Law Judge's report. The applicant's primary contentions involved a separate psychological injury, her CRPS classification, apportionment of disability, and future medical treatment for her neck and back. The Judge found no separate psychological injury, that medical opinions on CRPS classification were for physicians, that apportionment was supported by substantial evidence regarding pre-existing conditions, and that further medical treatment was not warranted for her neck and back.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgePsychological InjuryPermanent DisabilityApportionmentCRPSWhole Person ImpairmentAMA Guides
References
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
Case No. ADJ4166687 (AHM 0046295) ADJ1681006 (AHM 0088073)
Regular
Jun 13, 2014

GINA NEVARES vs. McMASTER-CARR SUPPLY COMPANY, TIG/ZENITH INSURANCE COMPANY, ZURICH NORTH AMERICA

This case involves Gina Nevares as the applicant against McMaster-Carr Supply Company and its insurers. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed in this matter. The WCAB adopted the report of the workers' compensation administrative law judge and ordered the Petition for Removal dismissed. The dismissal is based on the WCJ's report, which is incorporated by reference.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDismissalGina NevaresMcMaster-Carr Supply CompanyTIG/Zenith Insurance CompanyZurich North AmericaADJ4166687ADJ1681006
References
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