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

Case No. ADJ184982 (LAO 0760749), ADJ946794 (LAO 0789829)
Regular
May 22, 2012

MINNIE MARTIN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration filed by the defendant, Los Angeles Unified School District. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. The dismissal is primarily due to the petition being electronically filed after the close of business on the due date, rendering it untimely. Even if it had been timely filed, the WCAB indicated it would have been denied on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimely FiledElectronically FiledClose of BusinessUntimelinessDismissalWCJ ReportSupplemental PetitionSedgwick Claims Management
References
Case No. ADJ3134632
Regular
Jul 29, 2014

ROSE COLEMAN vs. SAN FRANCISCO GENERAL HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board has dismissed Rose Coleman's petition for reconsideration of a prior decision. This dismissal is due to the petitioner voluntarily withdrawing their request for reconsideration. The original decision, issued on May 16, 2014, stands as a result.

Petition for ReconsiderationDismissal OrderApplicantDefendantsWorkers' Compensation Appeals BoardSan Francisco District OfficeWithdrawn PetitionMay 16 2014 decisionJuly 29 2014Marguerite Sweeney
References
Case No. ADJ9398564
Regular
Jun 12, 2018

JEROME POLAND vs. COUNTY OF SAN BERNARDINO

The applicant, Jerome Poland, filed a Petition for Reconsideration without his attorney in response to a notice of intention to disallow his claim. The Workers' Compensation Judge (WCJ) subsequently issued an "Order Vacating Submission" in response to this petition. Citing WCAB Rule 10859, which allows a WCJ to amend or rescind a decision within fifteen days of a reconsideration petition, the Board dismissed the applicant's petition. This dismissal was based on the WCJ's action in vacating submission within the allowable timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to DisallowWorkers' Compensation Administrative Law JudgeOrder Vacating SubmissionWCAB Rule 10859Amend or ModifyRescindFurther ProceedingsDismissed Petition
References
Case No. ADJ7195364
Regular
Sep 09, 2013

ANGELINA ALDAZ vs. CALIFORNIA CEREAL COMPANY, INSURANCE COMPANY OF THE WEST

This case, concerning Angelina Aldaz against California Cereal Company and its insurer, has resulted in an order dismissing the Petition for Reconsideration. The petitioner voluntarily withdrew their reconsideration request. Consequently, the Workers' Compensation Appeals Board has officially dismissed the petition.

Petition for ReconsiderationWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardAngelina AldazCalifornia Cereal CompanyInsurance Company of the WestADJ7195364Oakland District OfficeFrank M. Brass
References
Case No. ADJ8674800, ADJ8674808, ADJ8674815
Regular
Jul 10, 2018

SHIMO WANG vs. SOUTHERN CALIFORNIA EDISON, SOUTHERN CALIFORNIA EDISON ROSEMEAD

This case concerns an applicant, Shimo Wang, seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB has granted the petition for reconsideration. This action is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to this petition must be filed directly with the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
Case No. ADJ1525428 (LBO 0291145)
Regular
Nov 12, 2013

RAYMOND BARRIOS vs. IRWIN INDUSTRIES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For CALIFORNIA COMPENSATION INSURANCE COMPANY, In Liquidation, MOBIL CORPORATION, PETROLEUM CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted a defendant's Petition for Reconsideration in the case of Raymond Barrios. The WCAB found that reconsideration was necessary to thoroughly review the factual and legal issues presented. This will allow for a complete understanding of the record and ensure a just decision. Further proceedings may be determined to be appropriate. All future communications must be filed in writing with the WCAB Commissioners' office and not with district offices or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationIrwin IndustriesCalifornia Insurance Guarantee AssociationMobil CorporationPetroleum Casualty CompanyStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ462833
Regular
Oct 09, 2013

TERESA GONZALEZ vs. REMEDY TEMPORARY SERVICE, ACE INSURANCE

This Workers' Compensation Appeals Board case concerns a Petition for Reconsideration filed by a Lien Claimant. The Board dismissed the petition as untimely because it was not filed within the statutory 25-day period following the Order to Dismiss Lien issued on July 1, 2013. The dismissal was based on the Lien Claimant failing to meet the 20-day deadline for reconsideration plus the 5-day mail extension. Therefore, the Petition for Reconsideration was dismissed.

ADJ462833LAO 0853574REMEDY TEMPORARY SERVICEACE INSURANCEPetition for ReconsiderationuntimelyOrder to Dismiss LienLabor Code section 5903Code of Civil Procedure section 1013lien claimant
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ8791212, ADJ9504979
Regular
Apr 19, 2016

HECTOR MELGAR vs. SEQUOIA UNION HIGH SCHOOL DISTRICT, PROTECTED INSURANCE PROGRAM FOR SCHOOLS

This case involves a Petition for Reconsideration filed by Hector Melgar against Sequoia Union High School District. The Workers' Compensation Appeals Board issued an order dismissing this petition. The dismissal is due to the petitioner's withdrawal of the reconsideration request. Therefore, the Board has formally closed the matter regarding this specific petition.

Petition for Reconsideration withdrawnDismissed petitionWorkers' Compensation Appeals BoardSequoia Union High School DistrictProtected Insurance Program for SchoolsADJ8791212ADJ9504979San Francisco District OfficeMarguerite SweeneyFrank M. Brass
References
Case No. ADJ3841918 (SAL 0117589), ADJ2554517 (SAL 0113325), ADJ3083210 (SAL 0113326)
Regular
May 21, 2012

ALBERTA AQUINO vs. HYATT CORPORATION, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a March 5, 2012 decision concerning Alberta Aquino's claims against Hyatt Corporation and Gallagher Bassett. This grant is due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future filings related to these cases must be submitted in writing to the WCAB Commissioners' office and not electronically or to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationHyatt CorporationGallagher BassettStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationElectronic Adjudication Management SystemSalinas District Office
References
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