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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. ADJ513626 (SDO 0296833)
Regular
May 26, 2017

ROBERT GRAVLIN vs. CITY OF VISTA

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration on its own motion in the case of Robert Gravlin v. City of Vista. This action is taken to allow for further study of the legal and factual issues after a prior Opinion and Order were issued. All future correspondence related to this reconsideration must be filed directly with the WCAB Commissioners' office in San Francisco, not with any district office. Parties are reminded that a Workers' Compensation Judge cannot approve a settlement while a case is pending before the Appeals Board on reconsideration.

Workers' Compensation Appeals BoardBoard Motion ReconsiderationCity of VistaPermissibly Self-InsuredADJ513626SDO 0296833San Diego District OfficeOrder Granting ReconsiderationOpinion and OrderPetition for Reconsideration
References
Case No. ADJ 1153404
Regular
Sep 04, 2008

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

Applicant's petition for reconsideration is dismissed as untimely. Reconsideration is granted for Dr. Tepper's petition, with his deposition fee set at $250/hour, allowing him to contest the fee afterward under Labor Code section 5307.6(c).

Workers' Compensation Appeals BoardReconsiderationDismissing ReconsiderationGranting ReconsiderationDecision After ReconsiderationPetition for ReconsiderationFindings and AwardLabor Code section 5903(b)FraudDiscovery Orders
References
Case No. ADJ9667162, ADJ9793109
Regular
Dec 07, 2016

ALMA LOPEZ CASTANEDA vs. FOREVER 21, NEW HAMPSHIRE INSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board has granted reconsideration, on its own motion, of a prior order denying the applicant's petition for reconsideration in the case of Alma Lopez Castaneda vs. Forever 21. This action is taken to allow for further study of the legal and factual issues involved. All subsequent correspondence and filings related to this reconsideration must be submitted directly to the Appeals Board Commissioners in San Francisco, not to district offices or via e-filing. Trial-level documents unrelated to the petition for reconsideration will continue to be filed through EAMS.

Workers' Compensation Appeals BoardReconsiderationBoard MotionPetition for ReconsiderationDenying PetitionGranting ReconsiderationLegal IssuesFactual IssuesCommissionersElectronic Adjudication Management System
References
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
Case No. ADJ559742 (LAO 0886579) ADJ2524675 (LAO 0886580)
Regular
Oct 18, 2010

Maureen Simmons vs. TELEPACIFIC COMMUNICATIONS, HARTFORD WORK COMP PROGRAM, GALLAGHER BASSETT SERVICES

The Appeals Board dismissed the applicant's untimely petition for reconsideration of the WCJ's August 19, 2010 Findings and Orders denying benefits. However, the Board granted reconsideration on its own motion due to the applicant's inability to attend trial approximately 400 miles from her home and her claim that her attorney failed to inform the court. The Board rescinded the WCJ's decision and returned the matter for further proceedings, also noting the applicant's request for a change of venue due to hardship.

Workers' Compensation Appeals BoardTelepacific CommunicationsHartford Work Comp ProgramGallagher Bassett ServicesPetition for ReconsiderationDismissing PetitionGranting ReconsiderationDecision After ReconsiderationFindings and OrdersAdministrative Law Judge
References
Case No. ADJ8645382
Regular
Apr 18, 2018

ASHOT ATABEKYAN vs. AUTO ENGINEERING

This case involves an uninsured defendant, Auto Engineering, in a workers' compensation claim filed by Ashot Atabeyan. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration of a prior decision by an administrative law judge on its own motion. This action is taken to allow the Board further time to thoroughly study the legal and factual issues involved. Consequently, all future filings related to the reconsideration process must be submitted directly to the WCAB Commissioners' office in San Francisco, not through district offices or e-filing.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationBoard MotionAdministrative Law JudgeLegal IssuesFactual IssuesReconsideration GrantedDecision After ReconsiderationOffice of the CommissionersSan Francisco
References
Case No. ADJ4677964 (LAO 0868239)
Regular
Jun 07, 2012

Eugene Gilmore vs. Autoland Resale Center, State Compensation Insurance Fund

In *Gilmore v. Autoland Resale Center*, the applicant sought reconsideration of a March 12, 2012, Findings and Award. The Workers' Compensation Appeals Board (WCAB) granted reconsideration based on statutory time constraints and an initial review indicating a need for further study of the factual and legal issues. The WCAB determined this was necessary to ensure a complete understanding of the record and to issue a just decision. All future communications must be filed in writing with the WCAB Commissioners' office, not with any district office or via e-filing.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsPetition for ReconsiderationDecision After ReconsiderationCorrespondence
References
Case No. SDO 0336073
Regular
May 19, 2008

JACK T. GOSLIN vs. CITY OF AVALON

In *Goslin v. City of Avalon*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed March 4, 2008. The WCAB determined that reconsideration was necessary to thoroughly review the factual and legal issues and ensure a just and reasoned decision. All future filings in this matter are to be directed to the WCAB's Reconsideration Unit in San Francisco.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After Reconsiderationstatutory time constraintsfactual and legal issuesPermissibly Self-InsuredSDO 0336073Reconsideration UnitSan Francisco District Office
References
Case No. SFO 0498433
Regular
May 15, 2008

ROGELIO VELASQUEZ vs. HEALTH CERAMICS, LTD., ACCA, INC.

This case concerns the dismissal of a chiropractor's lien for $\$ 12,428.35$ after the lien claimant failed to appear at a mandatory settlement conference. The WCJ dismissed the lien, but the claimant objected, arguing they were unaware of the conference due to an incorrect address on file. Although the WCJ's subsequent attempt to vacate the dismissal was procedurally flawed, the Appeals Board granted reconsideration on its own motion due to the claimant's substantial argument. The Board rescinded the dismissal order and returned the matter to the WCJ for a lien conference to ensure proper resolution.

Workers' Compensation Appeals BoardRogelio VelasquezHealth CeramicsLtd.ACCAInc.SFO 0498433ReconsiderationAppeals Board's MotionWCJ
References
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