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

Case No. ADJ838366
Regular
Sep 28, 2009

RICARDO MARTINEZ (Deceased) MARIA MARTINEZ (Widow) vs. OLIVER TRUCKING COMPANY, INC.; GRANT WEST CASUALTY

The Workers' Compensation Appeals Board (WCAB) has denied a Petition for Removal in the case of Ricardo Martinez (deceased) v. Oliver Trucking Company, Inc. The Board adopted the findings of the administrative law judge, finding no grounds to disturb the prior decision. Therefore, the petition seeking removal of the case for further review has been formally denied.

Petition for RemovalWorkers' Compensation Appeals BoardDeceased ApplicantOliver Trucking CompanyGrant West CasualtyADJ838366LAO 0882518Administrative Law Judge ReportDenied RemovalAlfonso J. Moresi
References
Case No. ADJ4112217 (ANA 0344909)
Regular
Dec 17, 2012

ANGEL MARTINEZ vs. KELLY SERVICES; CNA

The Workers' Compensation Appeals Board dismissed Angel Martinez's petition for reconsideration as untimely. The petition was filed on October 25, 2012, significantly after Martinez admits having notice of the WCJ's March 8, 2012, Findings and Award on July 5, 2012. California law requires petitions for reconsideration to be filed within twenty days of notice, with limited extensions for mailing. This jurisdictional deadline was not met, thus precluding the Board from granting the petition.

Petition for ReconsiderationUntimelyDismissedLabor Code section 5903WCAB Rule 10507JurisdictionalFindings and AwardNoticeWCJ's decisionADJ4112217
References
Case No. ADJ3776569, ADJ3927273
Regular
Apr 01, 2025

MARIA MARTINEZ vs. BOSS FASHION, INC.; CIGA for CALIFORNIA COMPENSATION INSURANCE COMPANY

Lien claimant The Dental Trauma Center sought reconsideration of a previous Workers' Compensation Administrative Law Judge (WCJ) order. The original order found that applicant Maria Martinez sustained industrial injuries but denied the lien claimant additional reimbursement for medical treatment. The Appeals Board granted the petition for reconsideration, citing potential errors by the WCJ regarding reimbursement entitlement and defendant's estoppel from denying reimbursement for dental reporting. However, the Board deferred a final decision after reconsideration, indicating further review of the merits and the entire record is required.

Lien ClaimantPetition for ReconsiderationUtilization ReviewDental Treatment ReimbursementDental ReportingEstoppelSubstantial EvidenceBurden of ProofPrimary Treating PhysicianQualified Medical Evaluator
References
Case No. ADJ805816 (AHM 0142886)
Regular
May 14, 2014

LIZA MARTINEZ vs. BURLINGTON SCHOOL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied Liza Martinez's Petition for Reconsideration in her case against Burlington School, Inc. and State Compensation Insurance Fund. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's report. The denial means Martinez's request for the WCAB to review its prior decision has been rejected.

Workers' Compensation Appeals BoardLiza MartinezBurlington SchoolState Compensation Insurance FundPetition for ReconsiderationDeniedWCJ ReportCal. Code Regs.tit. 8§ 10848
References
Case No. ADJ4413836
Regular
Aug 06, 2010

RAMIRO MARTINEZ vs. INTERWALL DEVELOPMENT CORPORATION, STATE COMPENSATION INSURANCE FUND SANTA ANA

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by Ramiro Martinez. The Board denied Martinez's petition. The denial was based on the report of the workers' compensation administrative law judge, which the Board adopted and incorporated. Therefore, the applicant's request for reconsideration of the prior decision was ultimately unsuccessful.

Petition for ReconsiderationDenying ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportAdopt and IncorporateService by MailPinnacle Lien ServicesState Compensation Insurance FundInterwall Development CorporationRamiro Martinez
References
Case No. ADJ7959552 ADJ8162345
Regular
Aug 07, 2014

MARIA CHAVEZ-MARTINEZ vs. RESTAURANT LEADERSHIP GROUP, LLC dba JACK IN THE BOX, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Chavez-Martinez's petition for removal as untimely, as it was filed over 20 days after personal service of the decision. The WCAB also noted the petition was improperly served on all parties. Even if timely and properly served, the petition would have been denied on the merits due to a lack of demonstrable significant prejudice or irreparable harm. The WCAB concluded reconsideration would be an adequate remedy.

Petition for RemovalUntimely FilingPersonal ServiceWCJ's ReportStrom v. Workers' Comp. Appeals Bd.Significant PrejudiceIrreparable HarmReconsiderationAdequate RemedyWorkers' Compensation Appeals Board
References
Case No. ADJ8246745
Regular
Dec 19, 2017

Tommy Martinez vs. Security Paving Company, The Hartford Insurance Company

This case concerns Tommy Martinez's workers' compensation claim against Security Paving Company. The Board granted reconsideration to amend the award, finding Martinez did not sustain a compensable psychiatric injury due to insufficient employment duration. However, the Board affirmed the finding of permanent total disability from his orthopedic injury, ruling it unapportionable and supported by substantial medical evidence independent of vocational reports. The dissenting opinion argues the vocational evidence and QME's opinion on total disability are not substantial, lacking clarity on work capacity due to industrial injury versus other factors.

WCABSecurity Paving CompanyThe Hartford Insurance CompanyTommy MartinezADJ8246745Petition for ReconsiderationFindings and Awardpermanent total disabilitycumulative trauma injuryshoulders
References
Case No. ADJ8508466
Regular
Nov 05, 2013

ROBERTO RAMIREZ (Deceased); MARIA GUADALUPE DIAZ de RAMIREZ, Guardian ad Litem for MARIA LINA RAMIREZ DIAZ, vs. VISTA PAINT CORPORATION, Permissibly Self-Insured,

This Workers' Compensation Appeals Board decision grants reconsideration and returns the case to the trial level for further proceedings. While the WCJ correctly found the daughter was partially dependent, the Board noted an incomplete record regarding the wife's dependency status and potential eligibility under Labor Code section 3501(b). The Board also found the issue of attorney fees was not decided. Consequently, the matter is remanded for determination of the wife's dependency, the correct death benefit amount, and attorney fees, or for clarification on why these issues were not previously addressed.

Workers' Compensation Appeals BoardRoberto RamirezMaria Guadalupe Diaz de RamirezMaria Lina Ramirez DiazVista Paint CorporationLabor Code section 3501(a)Labor Code section 3501(b)conclusive presumptiondependencypartial dependent
References
Case No. ADJ7481094
Regular
Nov 19, 2012

ARTURO MARTINEZ vs. DISNEYLAND RESORT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of *Martinez v. Disneyland Resort* following a petition by lien claimant Safety Works Medical, Inc. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB aims to fully understand the record to issue a just decision. All future communications regarding this case must now be submitted in writing to the WCAB Commissioners in San Francisco, not to any district office or e-filed.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationCommissionersElectronic Adjudication Management SystemDisneyland ResortSafety Works Medical
References
Case No. ADJ6513976
Regular
Aug 12, 2010

MARIA EMPEDRADO vs. DENNY'S, GALLAGHER BASSETT

This case involves Maria Empedrado's workers' compensation claim against Denny's and its third-party administrator, Gallagher Bassett. The Workers' Compensation Appeals Board (WCAB) has denied Empedrado's petition for reconsideration of an earlier decision. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave great weight to the WCJ's credibility determinations.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Petition for Reconsiderationadministrative law judgeADJ6513976MARIA EMPEDRADODENNY'S
References
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