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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. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
Case No. ADJ3235467
Regular
Jul 13, 2012

Carlos Garcia vs. Skywest Airlines, American Home Assurance Company, ; Sedgwick CMS

Applicant Carlos Garcia's petition for reconsideration of the May 8, 2012 decision by the Workers' Compensation Appeals Board (WCAB) has been withdrawn by the petitioner. Consequently, the WCAB has issued an order dismissing this petition. The dismissal is based solely on the petitioner's withdrawal. The case number for this matter is ADJ3235467.

Petition for ReconsiderationWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardSkywest AirlinesAmerican Home Assurance CompanySedgwick CMSCase Number ADJ3235467LAO 0861706May 8 2012 Decision
References
Case No. ADJ7077497, ADJ7984313, ADJ7984335
Regular
Oct 16, 2012

LULA TAVE vs. COUNTY OF LOS ANGELES/DEPARTMENT OF HEALTH SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior decision. The WCAB rescinded the Administrative Law Judge's (WCJ) decision from August 2, 2012. The case is now returned to the trial level for further proceedings and a new decision by the WCJ. This order is not a final determination on the merits.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsDecision After ReconsiderationWCJ ReportWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ7077497
References
Case No. ADJ8040967, ADJ8215681
Regular
Feb 25, 2016

MARIA ORTIZ vs. J KOREAN BBQ, FARMERS INSURANCE

The Workers' Compensation Appeals Board dismissed a petition for removal in *Ortiz v. J Korean BBQ* because it was untimely filed. The petition was submitted on January 25, 2016, exceeding the 25-day deadline from the WCJ's December 18, 2015 decision. Filing with the Board, not just mailing, within the statutory period is required for timeliness. The Board also noted that had the petition been timely, it would have been denied on the merits based on the WCJ's report.

Petition for RemovalUntimely FilingWorkers' Compensation Appeals BoardWCJ ReportCal. Code Regs.tit. 8§ 10843(a)Cal. Code Regs.tit. 8§ 10507(a)(1)
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. ADJ3811046 (LBO 0238656), ADJ367597 (LBO 0348091), ADJ2329312 (LBO 0288049)
Regular
Apr 09, 2012

MARISA CARLINI vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SAN PEDRO PENINSULA HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition for reconsideration by the Workers' Compensation Appeals Board. The Board granted reconsideration of a January 19, 2012 decision. The Board then affirmed the original decision but amended it by rescinding and striking Finding of Fact 8.

Workers' Compensation Appeals BoardMarisa CarliniLos Angeles Unified School DistrictSan Pedro Peninsula HospitalSedgwick Claims Management ServicesADJ3811046LBO 0238656Opinion and Order Granting ReconsiderationDecision After ReconsiderationPetition for Reconsideration
References
Case No. ADJ8172168, ADJ8075196
Regular
Dec 04, 2012

RONALD PROCK vs. COUNTY OF BUTTE, JOINT POWERS AUTHORITY, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board case involves petitions for reconsideration filed by both the applicant and defendants. The Board has granted these petitions to allow further study of the complex factual and legal issues. This action is deemed necessary to ensure a just and reasoned decision after a complete understanding of the record. Further proceedings may be ordered pending the Board's Decision After Reconsideration.

Workers' Compensation Appeals BoardPetitions for ReconsiderationRonald ProckCounty of ButteJoint Powers AuthorityYork Risk Services GroupInc.ADJ8172168ADJ8075196September 17 2012 decision
References
Case No. ADJ4631701
Regular
Oct 19, 2012

ROCIO SALINAS vs. TUTOR & SALIBA, INTERCARE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's previous decision in the case of Salinas v. Tutor & Saliba. The Board adopted the WCJ's report and returned the matter to the trial level for further proceedings and a new decision. This order is not a final decision on the merits, and parties retain the right to seek reconsideration of the future WCJ decision.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsWCJ DecisionTutor & SalibaIntercareADJ4631701OAK District OfficeOpinion and Order
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
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