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

Case No. ADJ1316873 (LBO 0325861)
Regular
May 16, 2012

MIGUEL LOPEZ vs. TRI-STATE RESTORATIONS, INC., CREDIT GENERAL INSURANCE

This case concerns Miguel Lopez's appeal regarding inadequate notice of his employer's Medical Provider Network (MPN) and denial of treatment requests. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration. The WCAB found that the applicant received adequate notice of the MPN and was treated by an MPN physician for over three years. Furthermore, issues regarding specific treatment denials were not properly raised at trial and can be addressed in a new filing. The applicant's motion to strike was deemed premature given the procedural posture of the case.

Workers' Compensation Appeals BoardTri-State RestorationsInc.California Insurance Guarantee AssociationMiguel LopezPetition to StrikeMedical Provider NetworkMPNDr. Mark GreenspanDr. Domenick Sisto
References
Case No. MON 0316510
Regular
Jul 18, 2008

MIGUEL LOPEZ vs. MV TRANSPORTATION, AMERICAN HOME ASSURANCE, BROADSPIRE CLAIM SERVICES

The Workers' Compensation Appeals Board granted reconsideration of an amended award finding applicant incurred industrial injury causing 78% permanent disability. The Board found the applicant's neurologist's report regarding post-traumatic head syndrome lacked substantial evidence due to contradictions with applicant's testimony. Consequently, the case is returned to the trial level to further address permanent disability and apportionment issues.

WCABMV TransportationAmerican Home AssuranceBroadsire Claim ServicesMIGUEL LOPEZBus DriverIndustrial InjuryNeck InjuryBack InjuryRight Shoulder Injury
References
Case No. ADJ9606696
Regular
Oct 12, 2018

JORGE LOPEZ vs. VERIZON WIRELESS

The Workers' Compensation Appeals Board denied Jorge Lopez's Petition for Reconsideration against Verizon Wireless. The Board adopted the administrative law judge's (WCJ) report and opinion, giving great weight to the WCJ's credibility determination of witnesses. No substantial evidence was presented to warrant overturning the WCJ's decision. Therefore, the petition for reconsideration was denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidenceOpinion and Order DenyingADJ9606696Riverside District OfficeJorge LopezVerizon Wireless
References
Case No. ADJ8160241, ADJ8160224
Regular
Oct 04, 2012

MIGUEL DOMINGUEZ vs. MYERS CONTAINER,LLC

This case concerns Miguel Dominguez versus Myers Container, LLC, consolidated under Case No. ADJ8160241 and ADJ8160224. A petition for removal was filed by the applicant and subsequently withdrawn. As a result of the withdrawal, the Workers' Compensation Appeals Board has issued an order dismissing the petition for removal. No further action will be taken on this matter.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMIGUEL DOMINGUEZMYERS CONTAINERLLCCCMSIADJ8160241ADJ8160224
References
Case No. ADJ845263 (ANA 0397766)
Regular
Feb 19, 2015

JORGE LOPEZ vs. PIZZA HUT, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Jorge Lopez's Petition for Reconsideration. The petitioner withdrew their reconsideration request because the parties had reached a Compromise and Release agreement. This settlement rendered the reconsideration process moot.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseWCJ decisionapplicantdefendantPizza HutAce American Insurance CompanyGallagher BassettADJ845263
References
Case No. ADJ6821265
Regular
Oct 07, 2013

LORETTA LOPEZ vs. ROBERT DAVIES, D.D.S, ZENITH INSURANCE

In this case, the Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by the applicant, Loretta Lopez. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) as stated in their report. Consequently, the applicant's petition for reconsideration was officially denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDeniedAdministrative Law JudgeWCJRecord reviewIncorporated reportSan Bernardino District OfficeZenith InsuranceLoretta Lopez
References
Case No. ADJ8979988
Regular
Sep 20, 2017

MIGUEL GARCIA vs. SERVISAIR, LLC, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case, ADJ8979988, involved an applicant, Miguel Garcia, and defendants Servisair, LLC and Liberty Mutual Insurance Company. The defendant, Servisair, LLC, withdrew its Petition for Reconsideration, which had been filed on July 31, 2017. Consequently, the Board dismissed the petition. The Board also reminded the defendant of its obligation to serve all documents on all parties involved in the case, noting proper service had now been made regarding the withdrawal.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWCAB RulesService of DocumentsWorkers' Compensation Appeals BoardMiguel GarciaServisair LLCLiberty Mutual Insurance CompanyADJ8979988
References
Case No. ADJ2831208 (GOL 0090431) ADJ894034 (GOL 0090432)
Regular
Aug 10, 2009

JOSE LOPEZ vs. QUALITY PLASTERING, GOLDEN EAGLE INSURANCE COMPANY

The applicant, Jose Lopez, was awarded a 25% penalty for the defendant's failure to pay the full settlement amount. The defendant sought reconsideration, arguing they paid the amount agreed upon in the addenda to the Compromise and Release Agreement. However, the Board found the Orders Approving Compromise and Release, which specified a higher payment to the applicant, became final when the defendant failed to seek timely reconsideration. Therefore, the defendant's petition for reconsideration was denied, affirming the penalty.

Workers' Compensation Appeals BoardQuality PlasteringGolden Eagle Insurance CompanyJose LopezReconsiderationFindings and AwardLabor Code section 5814PenaltyAttorney's FeeLabor Code section 5814.5
References
Case No. ADJ2956969 (VNO 0543215)
Regular
Sep 27, 2018

MIGUEL HERNANDEZ vs. HERSHEL ABELMAN, CLARENDON NATIONAL INSURANCE COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a previous decision regarding applicant Miguel Hernandez. The WCAB adopted the findings of the workers' compensation administrative law judge (WCALJ) for the most part. However, they specifically excluded two paragraphs from the WCALJ's report. The petitions for reconsideration filed by the defendants were consequently denied.

Workers' Compensation Appeals BoardPetitions for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportdenial of reconsiderationButts JohnsonLewis BrisboisClarendon National Insurance CompanySedgwickHershel Abelman
References
Case No. ADJ8239515
Regular
Mar 24, 2014

BRIJIDO LOPEZ vs. THE BAKING ALLIANCE, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Brijido Lopez's claim. The WCAB adopted and incorporated the administrative law judge's report recommending amendments. Ultimately, the WCAB affirmed the January 6, 2014 decision but amended it to reflect that no further medical treatment is necessary. The previous award of benefits was deleted as part of this amendment.

Workers' Compensation Appeals BoardReconsiderationWCJ ReportGranting ReconsiderationDecision After ReconsiderationAmended DecisionNo Further Medical TreatmentAward DeletedBrijido LopezThe Baking Alliance
References
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