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

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. 2019 NY Slip Op 04675 [173 AD3d 826]
Regular Panel Decision
Jun 12, 2019

Chavez-Lezama v. Kun Gao

The plaintiff, Miguel Chavez-Lezama, commenced an action against defendant Kun Gao for personal injuries sustained while performing construction work at Gao's one-family house. Chavez-Lezama alleged violations of Labor Law §§ 200, 240 (1), and 241 (6), and common-law negligence. Gao moved for summary judgment dismissing the complaint, arguing that as the owner of a one- or two-family dwelling, he was exempt from Labor Law §§ 240 (1) and 241 (6) liability and did not direct or control the work. The Supreme Court denied Gao's motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, finding that Gao established his prima facie entitlement to judgment as a matter of law, and Chavez-Lezama failed to raise a triable issue of fact regarding Gao's direction or control over the work. Consequently, the court granted Gao's motion for summary judgment, dismissing the Labor Law and common-law negligence claims against him.

Construction accidentLabor LawOwner liabilityOne-family dwelling exemptionSummary judgmentPersonal injuryAppellate reviewSafe place to workPremises liabilityWorker fall
References
6
Case No. ADJ6532007
Regular
Apr 30, 2010

MANUEL CHAVEZ vs. TERRA UNIVERSAL, EMPLOYERS DIRECT CLAIMS THOU OAKS

The Workers' Compensation Appeals Board denied reconsideration of a decision in favor of applicant Manuel Chavez. The Board adopted the Administrative Law Judge's (ALJ) report, which found it more likely than not that Chavez was terminated because he filed a workers' compensation claim form. The ALJ gave great weight to Chavez's credible testimony regarding the timing of his termination and the inconsistencies in the employer's stated reasons for it. The Board affirmed the ALJ's credibility determination, leading to the denial of the defendant's petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Findings of Fact and AwardEAMSClaim FormTerminationLast Day of Work
References
1
Case No. ADJ6799286
Regular
Feb 08, 2013

OLEGARIO CHAVEZ vs. REINALDA FLORES GARCIA, FARMERS INSURANCE EXCHANGE

This Workers' Compensation Appeals Board (WCAB) case, ADJ6799286, involved a petition for reconsideration filed by Olegario Chavez. The WCAB dismissed Chavez's petition because it was both unverified and not timely filed. Even if the petition had been properly filed, the WCAB would have denied it on its merits, adopting the reasoning of the WCJ.

Petition for ReconsiderationDismissal OrderUnverified PetitionUntimely FilingWCJ ReportAdopted ReportDenied PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeLong Beach District Office
References
0
Case No. ADJ3995603 (MON 0246737), ADJ534884 (MON 0245064), ADJ4048703 (MON 0246736)
Regular
Jun 02, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INDEMNITY

The Workers' Compensation Appeals Board (WCAB) dismissed Herminegilda Chavez's petition for reconsideration because it was not taken from a "final" order. The WCAB explained that intermediate procedural or evidentiary decisions are not considered final. Additionally, the WCAB denied Chavez's petition for removal, as she failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. Therefore, the WCAB found no basis to grant extraordinary relief through removal.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueIntermediate Procedural OrderEvidentiary DecisionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
9
Case No. ADJ7952281
Regular
Oct 20, 2011

SERGIO CHAVEZ vs. LAKE COUNTY ELECTRIC SUPPLY, HARTFORD

Applicant Sergio Chavez, through his attorney, petitioned to disqualify Workers' Compensation Judge George R. Ferris, alleging bias stemming from an incident on September 1, 2011. The judge denied the petition, stating he would decide all cases based on evidence presented and that the incident would not prejudice the applicant or his attorney. The Workers' Compensation Appeals Board adopted the judge's report, finding no reason to doubt his impartiality and therefore denied the disqualification petition.

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesevidenceimpartialityWorkers' Compensation Appeals Board
References
0
Case No. ADJ155904 (LAO 0811479)
Regular
Sep 21, 2018

RAFAEL CHAVEZ vs. SUPREME TRUCK BODIES, SENTRY INSURANCE

In this workers' compensation case, the applicant, Rafael Chavez, sought reconsideration of a decision denying home healthcare benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the parties had stipulated to an Agreed Medical Evaluator (AME) for this issue, thereby waiving formal utilization review processes. The WCAB rescinded the prior order and ruled applicant entitled to 12 hours per day of home healthcare for up to six months, pending a new evaluation by the AME.

WCABPetition for ReconsiderationHome HealthcareAgreed Medical Evaluator (AME)Labor Code section 4600(h)Petition to ReopenNew and Further DisabilityLabor Code section 5410Medical TreatmentIndustrial Injury
References
7
Case No. ADJ2987188 (LBO 0277672) ADJ6543172
Regular
Sep 15, 2015

LUPE CHAVEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

This order denies Lupe Chavez's Petition for Reconsideration in her workers' compensation case against the County of Los Angeles and Tristar Risk Management. The Workers' Compensation Appeals Board adopted the reasoning of the workers' compensation administrative law judge's report. Therefore, the denial of reconsideration stands.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying ReconsiderationCounty of Los AngelesTristar Risk ManagementCase Number ADJ2987188Case Number ADJ6543172San FranciscoCalifornia
References
0
Case No. ADJ885319 (LAO 0800836) ADJ854299 (LAO 0811623) ADJ1334694 (LAO 0811624)
Regular
Jan 06, 2010

EFRAIN CHAVEZ vs. AUTOMATIC SPECIALTY COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Efrain Chavez's petition for reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board further denies removal, adopting the Workers' Compensation Judge's report and finding no showing of substantial prejudice or irreparable harm. Interlocutory procedural decisions are not appealable via reconsideration. Therefore, the petitions are dismissed and removal is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityProcedural DecisionEvidentiary Decision
References
11
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
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