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

Case No. ADJ 7941996
Regular
Apr 26, 2016

ROBERTO ALVAREZ vs. LINK STAFFING, INC., ARCH INSURANCE COMPANY

This case concerns a disputed lien dismissal where the lien claimant's representative allegedly falsified hearing minutes to obtain the rescission of a dismissal order. The Appeals Board dismissed the employer's petition for reconsideration because the rescission order was not a final decision. However, the Board granted removal due to serious allegations of misconduct, remanding the case to the WCJ for an evidentiary hearing on whether the representative appeared, tampered with records, or made false statements. The WCJ is also tasked with making findings and recommendations on potential sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardReconsiderationLien DismissalPetition for ReconsiderationPetition for RemovalMinutes of HearingFraudMisconductSanctionsLabor Code Section 5813
References
Case No. ADJ16783938; ADJ16778187
Regular
Aug 28, 2025

Polly Mark Dizon vs. Spears Manufacturing Company, Zurich San Francisco

Applicant Polly Mark Dizon filed applications for cumulative and specific injuries. The Workers' Compensation Administrative Law Judge (WCJ) issued a Findings and Order (F&O) requiring additional Qualified Medical Examination (QME) panels, which the defendant opposed. Defendant filed a Petition for Removal, arguing they would suffer substantial prejudice. The Appeals Board granted the Petition for Removal, finding that due process was violated as no evidentiary record was made, and the Minutes of Hearing were unclear. Consequently, the May 24, 2024 F&O was rescinded, and the matter returned to the trial level for further proceedings consistent with the Board's opinion.

Petition for RemovalQualified Medical Examinationsubstantial prejudiceMinutes of HearingOrdered Off CalendarFindings and OrderHearing LossHeadachesNeurologyAudiology
References
Case No. ADJ6939769
Regular
Sep 28, 2010

RONY BONILLA vs. AMERICAN TRANSPORTATION SYSTEM, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found the original decision void *ab initio* due to the Administrative Law Judge's failure to serve the Minutes of Hearing and Summary of Evidence and issue a Notice of Intent to Submit. This procedural defect deprived the defendant of due process and the opportunity to object. The matter is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and AwardMinutes of HearingSummary of EvidenceLabor Code section 5313Board Rule 10562(a)(2)Notice of Intent to SubmitDue ProcessExpedited Hearing
References
Case No. ADJ6646120
Regular
Oct 12, 2012

DONACIANO SALGADO vs. 3RD DOG, INC., FIRSTCOMP OF OMAHA for SOUTHERN INSURANCE CO.

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration after its lien was dismissed for failure to appear at a hearing. The dismissal stemmed from confusion caused by two sets of minutes for the same hearing date. The Board found that the lien claimant's petition was not brought to their attention within the statutory period for reconsideration, and thus the time for review began when they actually received it. Consequently, the dismissal order was rescinded, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienNotice of HearingMinutes of HearingTaken Off CalendarStatutory Time for ReconsiderationDue Process
References
Case No. ADJ9794683
Regular
Oct 05, 2015

MARIA TIJERIN vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's decision denying temporary disability benefits. The Board found the record insufficiently developed to determine if the applicant's industrial back and shoulder injury prevented her from working. Specifically, the Board noted the lack of hearing minutes and the need to distinguish industrial disability from non-industrial carpal tunnel surgery recovery. The case was returned to the trial level for further proceedings to develop the record regarding temporary disability entitlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary DisabilityIndustrial InjuryLow Back InjuryRight Shoulder InjuryKindergarten TeacherNon-industrial Carpal Tunnel SurgeryRecord DevelopmentExpedited Hearing
References
Case No. ADJ9691628
Regular
Dec 24, 2018

VICENTE MEDINA vs. ACE FENCE COMPANY, WESCO INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the WCJ's order denying the defendant's objection, and returned the case for further proceedings. The WCJ had denied the objection because he found the defendant had notice of a lien conference, despite the defendant's claim of no notice and lack of proper service of the Minutes of Hearing. The Appeals Board found no record to support the WCJ's findings regarding notice and the reasonableness of the lien amount. Furthermore, the Board questioned the defendant's attorney's candor regarding notice of the September 4, 2018 lien conference.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Denying ObjectionLien conferenceNotice of IntentAdjudication fileEvidentiary burdenDue processFair hearingMinutes of Hearing
References
Case No. ADJ8725018
Regular
Jul 19, 2019

ANA VILLANUEVA ROMERO vs. PARKVISTA AT MORNINGSIDE, HARTFORD

The Appeals Board granted reconsideration and rescinded the WCJ's order for F&M Radiology to pay defendant's attorney's fees. The Board found the WCJ's decision lacked due process and substantial evidence, as it did not explicitly reference Labor Code section 5813 or make findings of bad faith, frivolous tactics, or unnecessary delay. Furthermore, the Minutes of Hearing failed to clearly define the issues to be decided at trial. The matter was returned to the trial level for further proceedings to create a proper record and ensure due process for all parties.

F&M RadiologyLien claimantPetition for ReconsiderationDeclarations of Readinessattorney's feescostsexcusable mistake or neglectdue processfair hearingLabor Code section 5813
References
Case No. ADJ1194116 (LAO 0797672)
Regular
Jul 14, 2010

DONNA ORTIZ vs. CROWN TOYOTA, ZURICH NORTH AMERICA, UNIVERSAL UNDERWRITERS GROUP

This case involves a $750 sanction jointly imposed against Daniel Escamilla and Legal Service Bureau for filing a petition for reconsideration without proper diligence. The Appeals Board found that Mr. Escamilla failed to review crucial case documents, including typed minutes of hearing, leading to inaccurate assertions. This lack of diligence wasted judicial resources, although the sanction was reduced due to the possibility the petition was filed without actual knowledge of the falsehoods. The Board cited Mr. Escamilla's history of sanctions in determining the final amount.

Workers' Compensation Appeals BoardSanctionDaniel EscamillaLegal Service BureauPetition for ReconsiderationIgnorance of True FactsMinutes of HearingSummary of EvidenceDiligenceJudicial Resources
References
Case No. ADJ2765298 (RIV 0026091)
Regular
Aug 13, 2010

PETE SORIA vs. FLEETWOOD ALUMINUM PRODUCTS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For RELIANCE INSURANCE, In Liquidation

The WCAB granted reconsideration and rescinded a WCJ's order awarding costs to lien claimants. The WCJ's original order lacked a proper evidentiary hearing, a summary of evidence, and an opinion explaining the grounds for the decision, violating due process and Board rules. The Board found the WCJ's subsequent attempt to rescind the order was untimely. The case is returned to the trial level for further proceedings, including an evidentiary hearing and a properly documented decision.

ADJ2765298RIV 0026091ReconsiderationLien ConferenceWCJ OrderStipulated AwardPermanent Total DisabilityRemovalRescinding OrderEvidentiary Hearing
References
Case No. LAO 0799368, LAO 0800603
Regular
Apr 28, 2008

ALICE B. PARKINSON vs. THE OLIVE GARDEN, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order allowing a lien in full. The WCAB found that the administrative law judge (WCJ) failed to comply with procedural rules by not conducting an evidentiary hearing and that the defendant likely never received proper notice of the lien trial. Therefore, the case was returned to the trial level for an evidentiary hearing on the lien claim, with the WCAB also noting the defendant's potential culpability for non-appearance.

Workers' Compensation Appeals BoardReconsiderationLien TrialCompromise and ReleaseAffidavit of Defendant Re: Resolution of LiensDue ProcessEvidentiary HearingWCAB Rule 10562Notice of TrialService of Process
References
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