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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2038785 (VNO 0426080), ADJ900602 (VNO 0426045), ADJ2562931 (VNO 0494371), ADJ7032939, ADJ7045667
Regular
Aug 01, 2019

JOSEPH PROTHRO vs. STATE COMPENSATION INSURANCE FUND as administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case, involving multiple claim numbers for Joseph Prothro against State Compensation Insurance Fund, has been granted reconsideration. The Board rescinded the prior WCJ's decision because a settlement has been proposed. The case is now returned to the WCJ to evaluate the settlement, with the option to reinstate the original decision if the settlement is not approved. This decision is not a final determination on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeProposed SettlementApproval of SettlementReinstating Original DecisionFinal Decision
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
Case No. ADJ 2497207
Regular
Sep 02, 2008

PAUL MARTINEZ vs. HERITAGE FOODS, ST. PAUL FIRE & MARINE INSURANCE COMPANY

Reconsideration granted; WCJ's decision rescinded due to uncertainty in permanent disability rating; matter returned to WCJ for further proceedings and new decision.

Workers Compensation Appeals BoardPaul MartinezHeritage FoodsSt. Paul Fire & Marine Insurance CompanyADJ 2497207POM 0277661Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial Injury
References
Case No. ADJ11154163
Regular
Jan 09, 2019

FAUSTO DIAZ vs. C OVERAA & COMPANY, ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision and returned the case to the trial level. This action allows the workers' compensation administrative law judge to review a proposed settlement reached between the applicant and defendant. If the settlement is not approved, the original decision can be reinstated, and either party may seek reconsideration. This is not a final ruling on the merits of the case.

ReconsiderationWithdrawal without prejudicePetition for ReconsiderationProposed settlementRescinded decisionReturned to trial levelWCJ approvalReinstating original decisionFinal decision on meritsFindings of Fact
References
Case No. ADJ7207727
Regular
Jul 30, 2013

LEE LUJAN vs. HOME LIVING SOLUTIONS, FIRST COMP

The Workers' Compensation Appeals Board denied reconsideration of a prior decision. The petition for reconsideration was filed by Lopez and Associates, a copy service, who contended their petition for costs was erroneously dismissed. The administrative law judge (ALJ) dismissed the petition based on the *Martinez* decision, which held that claims for medical-legal expenses cannot be filed as a petition for costs. The Board noted that Lopez and Associates may file a new petition under Labor Code 4622 for recovery of medical legal costs, potentially including penalties and interest.

WCABReconsiderationPetition for ReconsiderationMedical-legal costsLabor Code 4903.06Lien claimantCopy serviceEn Banc decisionMartinez decisionPetition for costs
References
Case No. ADJ1433114
Regular
Aug 25, 2011

ANTONIO RAMIREZ vs. TRINITY BROADCASTING NETWORK, TRINITY CHRISTIAN CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Ramirez v. Trinity Broadcasting Network. The WCAB rescinded the Administrative Law Judge's (ALJ) decision and returned the matter to the trial level for further proceedings. This action means the prior ruling is vacated, and the case will be re-evaluated by the ALJ. The parties still retain the right to seek reconsideration of any subsequent decision.

Workers Compensation Appeals BoardTrinity Broadcasting NetworkTrinity Christian CenterState Compensation Insurance FundOpinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJrescindreturned to trial level
References
Case No. ADJ7669443 ADJ7739963
Regular
Jun 03, 2015

CARLOS MARTINEZ vs. SA RECYCLING CORPORATION, SEDGWICK

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not taken from a final order, but rather an interlocutory procedural or evidentiary decision. The Board also denied the Petition for Removal, finding no showing of substantial prejudice or irreparable harm that would necessitate this extraordinary remedy. The WCJ's report, which the Board adopted, articulated the reasoning for these dismissals and denials. Therefore, the applicant's attempt to appeal an interim ruling was unsuccessful on both procedural grounds.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionExtraordinary Remedy
References
Case No. ADJ2065472
Regular
Aug 15, 2013

CARLOS DURAN vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in *Carlos Duran v. Ralphs Grocery Company*. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings and a new decision. This action means the prior decision is no longer in effect and the case will be reheard by the WCJ. The parties retain their rights to seek further reconsideration of any new decision.

WCABReconsiderationRescindedReturned to Trial LevelFurther ProceedingsWCJ DecisionAdministrative Law JudgeRalphs Grocery CompanySedgwickCarlos Duran
References
Case No. ADJ9249044
Regular
May 16, 2017

PABLO SERRANO-CAMPOS vs. FACTORS FAMOUS DELI, INC., AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. The Board rescinded the February 26, 2017 decision and returned the case to the trial level for further proceedings. This decision is not a final determination on the merits. Parties retain their right to seek reconsideration of the WCJ's subsequent decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ's ReportAdopt and IncorporateGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelFinal Decision
References
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