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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. ADJ8183477
Regular
Jan 14, 2016

DOLORES MOSELEY vs. NOIA RESIDENTIAL SERVICES, INC., ICW GROUP/INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Dolores Moseley's petition for reconsideration. The petition was untimely as it sought reconsideration of an award made over a year prior to filing. Furthermore, the petition was unverified and lacked specificity regarding the issues and legal arguments. Finally, the orders Moseley sought to reconsider were either vacated or deemed non-final procedural decisions, rendering the petition moot.

Labor Code Section 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Dismissing PetitionOrder Vacating Trial DateStipulations with Request for AwardTimelinessJurisdictionalVerification
References
Case No. ADJ7174740, ADJ7174737
Regular
Jun 21, 2012

CAROLYN BLACKLEDGE vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board dismissed a Petition for Removal concerning cases ADJ7174740 and ADJ7174737. The administrative law judge confirmed that the disputes between Carolyn Blackledge and the Los Angeles County Office of Education had been resolved through approved Stipulated Awards. Consequently, the Petition for Removal became moot. The Board formally dismissed the petition as a result of the settlement.

Petition for RemovalStipulated AwardsMoot PetitionDismissed PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJADJ7174740ADJ7174737Los Angeles County Office of Education
References
Case No. ADJ11124817
Regular
Mar 25, 2019

GASPAR VILLEGAS vs. INTERIOR RESOURCES, SECURITY NATIONAL INSURANCE, AMTRUST NORTH AMERICA, INC.

This case involves defendant's petitions challenging an order awarding interpreter costs. The Appeals Board dismissed the petition for removal and treated the January 22, 2019 petition as a timely petition for reconsideration, which was granted. The Board also dismissed the February 4, 2019 petition as untimely or moot. The January 7, 2019 order was affirmed, but amended to award $228.00 in Labor Code section 5811 costs.

Petition for RemovalPetition for ReconsiderationWCJ reportsLabor Code 5811 Costsinterpreting costsfinal ordersubstantive rightthreshold issueuntimely petitionmoot petition
References
Case No. ADJ2957106 (VNO 0541600)
Regular
Feb 11, 2014

GLENWOOD KIRBY BUSCHMAN vs. GARY D. DAVIS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification of WCJ George Ferris. The Board found the petition to be successive, as it repeated previously denied claims, and moot because the WCJ has retired. Therefore, no further appeal regarding this disqualification is available before the Board.

Petition for DisqualificationSuccessive PetitionMoot PetitionWCJPresiding WCJWorkers' Compensation Appeals BoardAutomatic ReassignmentDenied PetitionCrowe Glass Co.Industrial Accident Commission
References
Case No. ADJ8381778
Regular
Oct 18, 2012

GERALD BROWN vs. GOLDEN GATE PETROLEUM, LIBERTY MUTUAL

In this workers' compensation case, the applicant, Gerald Brown, filed a Petition for Removal and a Petition for Disqualification against Golden Gate Petroleum and Liberty Mutual. The defendants subsequently withdrew both petitions after entering into a Compromise and Release agreement. The Workers' Compensation Appeals Board dismissed both petitions as moot, as they were withdrawn and the settlement was approved by the WCJ. Therefore, no further action will be taken on the dismissed petitions.

Petition for RemovalPetition for DisqualificationCompromise and ReleaseWCJWorkers' Compensation Appeals BoardADJ8381778mootwithdrawn petitionsdismissaladministrative law judge
References
Case No. ADJ9904638 ADJ7352002
Regular
Aug 23, 2018

CARMEN CAEZ vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), administered by YORK RISK SERVICES GROUP, INC

In this workers' compensation case, the applicant filed a Petition for Removal seeking to rescind a Notice of Hearing. The applicant argued the hearing would cause prejudice, but the underlying Petition for Reconsideration was rendered moot when the WCJ vacated their initial decision. Further attempts at reconsideration were withdrawn, and the subsequent trial rendered the current Petition for Removal moot. Consequently, the Appeals Board dismissed the Petition for Removal.

Petition for RemovalPetition for ReconsiderationNotice of HearingFindings and OrderWorkers' Compensation Appeals BoardWCJVacated DecisionRendered MootDismissed PetitionADJ9904638
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. ADJ3399937 (VNO 0423516 ADJ8997142 ADJ10559387 ADJ7656828
Regular
Feb 27, 2019

DAVE ZADA vs. ALPRO MILLWORKING, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Dave Zada's petition for reconsideration. The WCAB found the petition untimely, successive, and skeletal, failing to meet procedural requirements for reconsideration. Zada also did not demonstrate how he was aggrieved by the prior WCAB decision. Therefore, the WCAB lacked jurisdiction to consider the petition.

Petition for ReconsiderationPro PerSuccessive PetitionUntimely PetitionSkeletal PetitionAggrieved PartyJurisdictional Time LimitVerified PleadingsMaterial EvidenceProof of Service
References
Case No. ADJ6705977 ADJ6880053
Regular
Jun 13, 2014

TERRI SIEGEL vs. WALGREENS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's untimely petition for removal, finding it lacked merit and was frivolous. The Board noted the petition was filed months after the subject orders, violating the 20-day filing deadline. Additionally, the defendant failed to demonstrate prejudice or irreparable harm, or that reconsideration would be inadequate. Consequently, the Board intends to impose sanctions of up to $1,000 on the defendant for filing a baseless petition.

Petition for RemovalUntimely PetitionOrder Vacating SubmissionOrder Taking Off CalendarReport and RecommendationSanctionsFrivolous PetitionLabor Code Section 5813Appeals Board Rule 10561Significant Prejudice
References
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