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Case Law Database

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

Case No. ADJ4122317 (MON 0354191)
Regular
Nov 25, 2015

MARIO CRUZ vs. DIVERSIFIED MAINTENANCE SERVICES, INC., ZURICH

The Workers' Compensation Appeals Board (WCAB) dismissed Mario Cruz's Petition for Reconsideration. The dismissal was primarily due to the petition's failure to make specific citations to the record as required by WCAB Rule 10842(b) and relevant case law. Additionally, the petition was found to be skeletal and unverified, further supporting its dismissal. If not dismissed on procedural grounds, the WCAB would have denied the petition on its merits.

Petition for ReconsiderationWCAB Rule 10842(b)Specific Record CitationsUnverified PetitionLabor Code Section 5902Skeletal PetitionWCJ ReportDiversified Maintenance ServicesZurichMario Cruz
References
Case No. ADJ7969168; ADJ9330687
Regular
Mar 23, 2016

Mario Alcantar vs. Alfredo Melchor, Zenith Insurance Company

This case involves applicant Mario Alcantar's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously rescinded a joint finding and substituted a new one finding applicant sustained a lumbar spine injury but not a cervical spine injury during specified employment periods. Alcantar sought reconsideration to include a cervical spine injury during a different, unspecified period. The WCAB denied the petition, affirming its prior decision and incorporating it by reference.

Petition for ReconsiderationDecision After ReconsiderationJoint Findings of Factcumulative periodlumbar spinecervical spineindustrial injuryarising out of and occurring in the course of employmentWorkers' Compensation Appeals BoardZenith Insurance Company
References
Case No. ADJ17686288
Regular
May 07, 2025

VICTOR CRUZ vs. CHANNEL DEVELOPMENT, INC.; PREFERRED PROFESSIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an award of further and continuing medical treatment for applicant Victor Cruz at the Centre for Neuro Skills. The defendant argued that the WCJ lacked jurisdiction due to a timely RFA denial. However, the Board affirmed the WCJ's decision, finding that the defendant failed to present substantial medical evidence to justify the discontinuation of previously authorized treatment. The decision emphasized the principle that once treatment is authorized, the burden shifts to the defendant to prove a change in circumstances to cease treatment.

Workers' Compensation Appeals BoardVictor CruzChannel DevelopmentInc.Preferred Professional Insurance CompanyOmaha NationalAdjudication Number ADJ17686288Petition for ReconsiderationFindings Order and AwardWCJ
References
Case No. ADJ7227029, ADJ7227030
Regular
Nov 05, 2012

CRISTANOS CRUZ vs. ANNING JOHNSON COMPANY, AIG administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This is an Order from the Workers' Compensation Appeals Board (WCAB) dismissing a Petition for Reconsideration filed by Cristanos Cruz. The WCAB adopted the reasoning presented in the administrative law judge's Report and Recommendation. The specific grounds for dismissal are not detailed in this order but are incorporated by reference from the judge's report. Therefore, the applicant's request for reconsideration of a prior decision has been denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissing PetitionAdministrative Law JudgeReport and RecommendationSanta Ana District OfficeADJ7227029ADJ7227030AIGSedgwick Claims Management Services
References
Case No. ADJ7857198
Regular
Jan 28, 2019

RANULFO CRUZ, (Deceased) vs. HALL MANAGEMENT CORPORATION, EVEREST NATIONAL INSURANCE, administered by AMERICAN CLAIMS MANAGEMENT, and COMPANION PROPERTY AND CASUALTY INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding benefits to the estate of Ranulfo Cruz, a deceased farm laborer. The applicant's death was attributed to Coccidiomycosis (Valley Fever) and meningitis, contracted through exposure during his employment. The WCAB adopted the findings of the administrative law judge, who relied heavily on the medical opinion of Dr. Noriega, the panel QME. Dr. Noriega opined that the decedent's occupational duties, involving soil disruption in an endemic region, presented a statistically greater risk of exposure than non-work activities, establishing industrial causation.

Workers' Compensation Appeals BoardRanulfo CruzHall Management CorporationEverest National InsuranceCompanion Property and Casualty InsuranceADJ7857198Petition for ReconsiderationDeniedWCJ reportsubstantial evidence
References
Case No. ADJ337486 (VNO 0425011), ADJ3042060 (VNO 0540026)
Regular
Jun 13, 2013

BALERIO CRUZ vs. ROCKY'S MASONRY, ACE FIRE UNDERWRITERS INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CLAIMS MANAGMENT, Reliance Insurance Company in Liquidation

This case concerns CIGA's petition for reconsideration of a Findings and Award that denied applicant Balerio Cruz's claim for a cumulative trauma injury. CIGA argued the WCJ erred by not following the Agreed Medical Evaluator's opinions. The WCAB reviewed the petition, the opposing answer, and the WCJ's report. Adopting the WCJ's reasoning, the Board denied CIGA's petition for reconsideration, upholding the original award.

Cumulative trauma injuryPetition for ReconsiderationFindings and AwardAgreed Medical EvaluatorWorkers' Compensation Appeals BoardAdministrative law judgeInsurance Guarantee AssociationThird party administratorLiquidationWorkers' compensation
References
Case No. ADJ9835845
Regular
Oct 03, 2016

DELFINO RAMOS CRUZ vs. SEVENTH TREE TRIMMING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied Delfino Ramos Cruz's Petition for Removal. The WCAB affirmed the Workers' Compensation Administrative Law Judge's (WCJ) report, finding that removal is an extraordinary remedy and is only granted for substantial prejudice or irreparable harm, which was not demonstrated. The board concluded that reconsideration would be an adequate remedy if an adverse decision is ultimately issued.

Petition for RemovalAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.Cal. Code Regs. tit. 8 § 10843(a)
References
Case No. SAL 110279
Regular
Oct 19, 2007

KENNETH LANGWORTHY vs. SANTA CRUZ COMMUNITY COUNSELING CENTER, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a worker's claim for extended temporary disability benefits beyond the statutory two-year limit. The applicant argued his spinal discectomy constituted an amputation, entitling him to longer benefits under Labor Code section 4656. The Appeals Board denied reconsideration, affirming the WCJ's finding that a discectomy is not an amputation under the relevant statute, citing a prior en banc decision. Therefore, the applicant's right to temporary disability benefits terminated on April 2, 2007, after the two-year statutory cap.

Workers' Compensation Appeals BoardKenneth LangworthySanta Cruz Community Counseling CenterState Compensation Insurance FunddiscectomyamputationLabor Code section 4656temporary disability benefitstwo-year capindustrial injury
References
Case No. ADJ2668495 (SAL 0120174) ADJ1907387 (SAL 0120175) ADJ8804047
Regular
Aug 02, 2010

ORESTE (RUSTY) LOCATELLI vs. COUNTY OF SANTA CRUZ, OCTAGON RISK SERVICES

This order denies the applicant's petition for reconsideration in a workers' compensation case against the County of Santa Cruz and Octagon Risk Services. The Workers' Compensation Appeals Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the petition for reconsideration is formally denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportdeny reconsiderationLocatelli v. County of Santa CruzOctagon Risk ServicesADJ2668495ADJ1907387ADJ8804047administrative law judge
References
Case No. ADJ8750277
Regular
Jun 26, 2013

RUTH SHAW vs. PALO ALTO MEDICAL FOUNDATION, SUTTER HEALTH

This case concerns a dispute over venue for a workers' compensation claim. The defendant objected to the initial venue in Anaheim, arguing it was improper as the applicant resided in Santa Cruz County and the injury occurred there. The Appeals Board found that both Felton (applicant's residence) and Santa Cruz (injury location) are within Santa Cruz County, which lacks a local Appeals Board office. Therefore, venue was properly changed to the Salinas district office, which is the nearest to the applicant's residence.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueLabor Code section 5501.5(c)Venue VerificationApplicant's ResidenceLocation of InjuryNearest Appeals Board OfficeSalinasSanta Cruz County
References
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