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

Case No. ADJ7863081
Regular
Jun 25, 2012

RONNIE BROWN vs. MASTER PLUMBING, RISK ENTERPRISE MANAGEMENT, AMERICAN ALL RISK LOSS

In this workers' compensation case, the defendant sought reconsideration of a prior Board decision that had granted them a Petition for Reconsideration and amended a WCJ's decision to deny the applicant temporary disability indemnity. The defendant argued the Board erred by not finding them entitled to a credit for temporary disability already paid during that period. The Board denied the defendant's petition, stating that the issue of credit for overpayment is discretionary under Labor Code section 4909 and should have been addressed at the trial level by the WCJ. Therefore, the defendant's petition for reconsideration of the denial of the credit was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityCredit for OverpaymentLabor Code section 4909Findings Award and OrderAdministrative Law JudgeDecision After ReconsiderationMaster PlumbingRisk Enterprise Management
References
Case No. ADJ2769249 (SAL 0116181)
Regular
Mar 18, 2009

MIGUEL GONZALEZ vs. SCHRIVER PLUMBING, SCIF INSURED SAN JOSE

This case involves an applicant whose nine percent permanent disability rating for a right knee injury is disputed. The applicant argues this rating is disproportionate and unfair, as it prevents him from returning to his former plumbing work and is contradicted by a vocational expert's assessment of a 36-53% loss of future earning capacity. The Appeals Board granted reconsideration, rescinded the original decision, and returned the case for further proceedings. This is to allow the WCJ to consider the applicant's permanent disability in light of two en banc decisions, *Almaraz* and *Ogilvie*, which clarified the rebuttability of the 2005 Permanent Disability Rating Schedule.

WCABReconsiderationPermanent DisabilityRating ScheduleAlmarazOgilvieDFECAMA GuidesVocational ExpertEarning Capacity
References
Case No. ADJ7507358
Regular
Apr 03, 2023

KENNETH HARLAN vs. RENE M. CASAREZ aka RENE CASAREZ aka RENE BASAREZ aka RENE CAESAREZ dba AFFORDABLE PLUMBING AND ROOTER, HIROSHI CHARLES TANGE, FARMERS INSURANCE

This case concerns a worker injured while performing plumbing services at a new construction project. The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that the homeowner, Hiroshi Tange, was the applicant's employer. The Board gave significant weight to the Workers' Compensation Judge's credibility determination of witnesses. Ultimately, the Board found no substantial evidence to overturn the judge's conclusion that the applicant was an employee working for the benefit of the homeowner, who exercised control over the project.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility determinationhomeownerunlicensed contractorindependent contractorpresumption of employmentLabor Code Section 3700Business and Professions Code Section 7125.2
References
Case No. ADJ2872928 (LBO 0355771) ADJ3784596 (LAO 0865396)
Regular
Aug 26, 2013

MARIA ROSALES vs. REPUBLIC MASTER CHEFS, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, involving applicant Maria Rosales and defendants Republic Master Chefs/State Compensation Insurance Fund, resulted in the dismissal of the applicant's Petition for Reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's Report and Recommendation. While the judge recommended denial, the Board's order is specifically to dismiss the petition. The dismissal was effective August 26, 2013.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRepublic Master ChefsState Compensation Insurance FundMaria RosalesADJ2872928ADJ3784596
References
Case No. ADJ4453862 (VNO 0519650)
Regular
May 24, 2012

WILLIAM LANEY vs. CLARK PLUMBING & HEATING, STATE COMPENSATION INSURANCE FUND, CALIFORNIA COMPENSATION

This case involves applicant William Laney's petition for disqualification against defendants Clark Plumbing & Heating and their insurers. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Based on the record and the judge's reasoning, the Board denied the disqualification petition. Therefore, the Board issued an order formally denying Laney's request.

Petition for DisqualificationWorkers' Compensation Appeals BoardDenying DisqualificationAdministrative Law JudgeReportRecordAdopt and IncorporateDeniedVan Nuys District OfficeClark Plumbing & Heating
References
Case No. ADJ10679914
Regular
Mar 05, 2018

Juan Torres vs. Ganalix Plumbing Repair, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board granted reconsideration and reversed the administrative law judge's decision, finding that applicant Juan Torres sustained a back injury arising out of and occurring during the course of employment with Ganalix Plumbing Repair. The Board disagreed with the judge's finding of no injury based solely on applicant's credibility, noting that three defense witnesses corroborated an event occurred, and medical records documented back pain shortly after the fall. The Board also acknowledged applicant's delay in reporting and the employer's lack of workers' compensation insurance, but ultimately found sufficient evidence for a compensable back injury.

WORKERS' COMPENSATION APPEALS BOARDJuan TorresGANALIX PLUMBING REPAIRUNINSURED EMPLOYERS BENEFIT TRUST FUNDFindings and OrderPetition for Reconsiderationadministrative law judgeWCJinjury arising out of and occurring during the course of employmentLabor Code section 5402(b)
References
Case No. ADJ3046670
Regular
Dec 14, 2018

CAROL ALLISON vs. MERTZ DEL AMO MOBILE HOME PARK, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves CIGA's petition for reconsideration of a prior Board decision. The Board dismissed the reconsideration petition, finding the prior decision was not final as it rescinded a prior order and referred issues to a special master. The Board also denied removal, finding no substantial prejudice or irreparable harm, and distinguished CIGA's cited precedent regarding special masters. Ultimately, the Board found no grounds for reconsideration or removal.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationPetition for ReconsiderationPetition for RemovalSpecial MasterLabor Code section 5813Final OrderInterlocutory OrderSubstantive Right or LiabilityThreshold Issue
References
Case No. ADJ9119397
Regular
Apr 03, 2019

Jesse Lazoya, Jr. vs. IE Rental Homes doing business as Pama Management, Insurance Company of the West

This case involves a lien claimant, Javlin Three, seeking reconsideration of a prior finding that they lacked standing. The Workers' Compensation Appeals Board denied reconsideration, adopting the Judge's report that found no valid assignment, thus precluding Javlin Three from raising issues. The Board noted that the underlying issue of a potential stay on ResHealth Medical Group's lien has not yet been decided and may be consolidated with other related cases. Therefore, Javlin Three's petition for reconsideration is denied.

Petition for ReconsiderationLien ClaimantStandingValid AssignmentLabor Code 4615StayWCJ ReportMaster FileOrder of ConsolidationDesignation of Master File
References
Case No. ADJ2829061 (SDO 0316299)
Regular
Oct 11, 2013

JOSE ABRIL vs. BARDON ENTERPRISES, STATE COMPENSATION INSURANCE FUND, CALIFORNIA STATE AGENCIES

This case involves a Petition for Removal by the State Compensation Insurance Fund (SCIF) seeking to dismiss liens filed by Mission Valley Heights Surgery Center and Poway Surgery Center. SCIF argued that a prior decision dismissing their liens in a separate case should apply to all liens within the current consolidation. The Workers' Compensation Appeals Board denied SCIF's petition, clarifying that the prior dismissal was limited to the specific case cited and did not affect all liens in the consolidation. The Board adopted the WCJ's reasoning and declined to consider sanctions.

Petition for RemovalMaster FileConsolidationLien Activation FeesDismissed LiensSanctionsWCABWCJState Compensation Insurance FundMission Valley Heights Surgery Center
References
Case No. ADJ8596014
Regular
Nov 07, 2018

DION GEORGE vs. KJI PLUMBING, INC., ZURICH AMERICAN INSURANCE COMPANY

This case involves a $\$ 750$ sanction imposed by a WCJ against defense counsel and KJI Plumbing for defense counsel's failure to appear at a hearing. The Appeals Board granted reconsideration, finding the failure to appear was due to defense counsel's negligence, not willful misconduct. Consequently, the Board reduced the sanction to $\$ 250$ and removed KJI Plumbing as a liable party, solely sanctioning defense counsel and his law office. The Board cautioned that future failures to appear could establish a pattern justifying larger sanctions.

Petition for ReconsiderationOrder Imposing SanctionsWCJDefense CounselJointly and SeverallyUninsured Employers Benefits Trust FundMandatory Settlement ConferenceDeclaration of ReadinessLabor Code § 5813WCAB Rule 10561
References
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