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

Case No. SAC 360745
Regular
Apr 29, 2008

MISAEL CALDERON vs. GROCERY OUTLET, INC., ZURICH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Misael Calderon's petition for reconsideration of a decision finding no industrial injury to his left ankle, knee, or back. The Board found the applicant failed to prove the injury occurred as alleged, noting inconsistencies in his account and lack of contemporaneous medical documentation. One Board member dissented, arguing the evidence, including medical reports and the applicant's testimony, supported an industrial injury, and that the WCJ should have allowed further evidence development.

Workers' Compensation Appeals BoardMisael CalderonGrocery OutletInc.Zurich Insurance CompanyGallagher Bassett ServicesInc.petition for reconsiderationindustrial injuryleft ankle
References
1
Case No. ADJ7516212
Regular
Feb 07, 2020

MARIO CALDERON vs. STARWOOD WORLDWIDE, AMERICA, HOTELS INC.;, AND ZURICH NORTH DEPARTMENTS., DEPARTMENTS.

This case involves Mario Calderon, who sought reconsideration of a Workers' Compensation Appeals Board award for a cumulative trauma injury. Calderon argued for 100% permanent disability, claiming medication dependence prevented him from competing in the labor market, and cited vocational evidence for total disability. The Board affirmed the original award of 43% permanent disability, relying on the WCJ's report and clarifying that permanent total disability findings must follow Labor Code section 4660 and AMA Guides, not Labor Code section 4662(b). Consequently, Calderon's petition for reconsideration was denied.

Cumulative traumaLumbar spineRadiculopathyBilateral lower extremitiesCervical spinePsychePermanent disabilityApportionmentNarcotic medicationsLabor market competition
References
2
Case No. ADJ9056626
Regular
Apr 16, 2014

MARIA CALDERON, MARIA DELMI CALDERON vs. DANIEL TARVER, SUTTER INSURANCE COMPANY

This case involves Maria Calderon's workers' compensation claim for an injury sustained as a housekeeper. The applicant alleged a head injury when a glass table shattered, causing her to slip and fall on a patio. The defendant sought reconsideration, arguing the evidence did not support the finding of injury arising out of and in the course of employment (AOE/COE). The Workers' Compensation Appeals Board denied reconsideration, upholding the Administrative Law Judge's credibility determination and finding of injury AOE/COE. The Board gave great weight to the ALJ's finding that the applicant was a credible witness despite minor discrepancies in the record.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeAOE/COECredibility FindingPetition DenialEmployer NegligenceMedical TreatmentHoly Cross Medical CenterOliveview Medical Center
References
4
Case No. MISSING
Regular Panel Decision
Oct 18, 2012

Calderon v. King Umberto, Inc.

The plaintiffs, Jose Oscar Calderon and Pedro Lopez, former employees of King Umberto, Inc., and its owners, filed a motion for conditional authorization of a collective action under the Fair Labor Standards Act (FLSA) for alleged unpaid overtime and minimum wage violations. Defendants opposed, arguing lack of commonality among potential class members and preclusion by a prior lawsuit initiated by the Secretary of Labor. The court found that plaintiffs met the 'modest factual showing' for conditional certification, allowing the collective action to proceed. While claims prior to March 27, 2010, were deemed barred by the Secretary of Labor's previous action, claims for the period from March 27, 2010, through December 22, 2011, were permitted. The court granted a three-year notice period and approved the proposed Notice of Collective Action, subject to modifications regarding the option for separate counsel and disclosure of the prior Department of Labor action.

FLSA Collective ActionWage and Hour DisputeUnpaid OvertimeMinimum Wage ViolationConditional CertificationFair Labor Standards ActEmployee Class ActionNotice of PendencyStatute of LimitationsWillful Violations
References
27
Case No. ADJ2213557 (VNO 0558201)
Regular
Jul 11, 2013

DAISY CALDERON vs. SCI @ DIVERSIFIED TRANSPORT, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of Calderon v. SCI @ Diversified Transport; Zurich North America. The WCAB rescinded the prior decision of the Workers' Compensation Judge (WCJ). This matter is returned to the trial level for further proceedings and a new decision by the WCJ. The current order is not a final decision on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelOpinion and OrderDiversified TransportZurich North America
References
0
Case No. ADJ7811518 ADJ8871987
Regular
May 13, 2016

MARIA CALDERON vs. RETIREMENT HOUSING FOUNDATION, AMERICAN CASUALTY COMPANY

This case involves a petition for reconsideration filed by the applicant, Maria Calderon, regarding a previous decision. The Workers' Compensation Appeals Board has granted this petition to allow for a more thorough review of the factual and legal issues. This reconsideration is necessary to ensure a just and reasoned decision after further study and potential proceedings. All future correspondence related to the petition must be filed directly with the Appeals Board Commissioners, not with any district office.

CalderonRetirement Housing FoundationAmerican Casualty CompanyADJ7811518ADJ8871987Petition for ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned Decision
References
0
Case No. ADJ9455597
Regular
Nov 09, 2015

MISAEL CHAVEZ vs. BRENT REDMOND TRANSPORTATION, INC., DISCOVER RE

This case involves applicant Misael Chavez seeking reconsideration of a decision by the Workers' Compensation Appeals Board (WCAB) filed on August 24, 2015. The WCAB has granted reconsideration to allow further study of the factual and legal issues presented. This action is deemed necessary to ensure a complete understanding of the record and to issue a just and reasoned decision. All future correspondence related to the petition for reconsideration must be filed directly with the WCAB Commissioners in San Francisco, not with district offices or electronically.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBrent Redmond TransportationDiscover ReCottingham & Butler Claim ServicesMisael ChavezADJ9455597Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
0
Case No. ADJ1433990
Regular
Mar 12, 2020

MISAEL MENDOZA HERNANDEZ vs. COLOSSEUM ATHLETICS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded its prior decision regarding Misael Mendoza Hernandez's case. This action was taken to allow the trial judge to review a proposed settlement reached by the parties. The case is returned to the trial level for further proceedings concerning the settlement. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWCJAdministrative Law JudgeProposed SettlementOrder ReinstatingAggrieved Person
References
0
Case No. ADJ1433990 (VNO 0548911)
Regular
Aug 01, 2016

MISAEL MENDOZA HERNANDEZ vs. COLOSSEUM ATHLETICS, INC., STATE COMPENSATION INSURANCE FUND

This case involves Misael Mendoza Hernandez seeking reconsideration of a decision filed on May 17, 2016. The Workers' Compensation Appeals Board has granted reconsideration to allow further study of the factual and legal issues. This action is deemed necessary to ensure a complete understanding of the record and to issue a just decision. Until a Decision After Reconsideration is issued, all filings related to the petition must be submitted directly to the Appeals Board Commissioners and not to district offices or through EAMS.

MISAEL MENDOZA HERNANDEZCOLOSSEUM ATHLETICSINC.STATE COMPENSATION INSURANCE FUNDOPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDADJ1433990VNO 0548911statutory time constraintsfactual issues
References
0
Case No. ADJ9560186
Regular
Nov 03, 2015

ROSA OLIVIA CALDERON GRIJALVA vs. NOVA MANAGEMENT, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a petition for removal filed by the applicant, Rosa Olivia Calderon Grijalva, concerning a decision issued on August 28, 2015. The applicant has withdrawn this petition for removal. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition. This dismissal is effective as of November 3, 2015.

Petition for RemovalDismissalWithdrawnWorkers' Compensation Appeals BoardNOVA MANAGEMENTINC.TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAADJ9560186Bakersfield District OfficeApplicant
References
0
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