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

Case No. ADJ 528016 (LAO 0797447) ADJ 4708211 (LAO 0831457)
Regular
May 08, 2016

JORGE PAREDES vs. COASTCAST CORPORATION, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, CALIFORNIA COMPENSATION INSURANCE COMPANY, LEGION INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., REPUBLIC INDEMNITY COMPANY, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board has granted reconsideration of a prior decision concerning Jorge Paredes and multiple defendant insurers. This grant is a procedural step to allow the Board to thoroughly review the complex factual and legal issues presented in the case. The Board intends to conduct further study and potentially additional proceedings to reach a just and reasoned decision. All future filings related to the petition for reconsideration must be submitted directly to the Board's Commissioners' office, not district offices or via e-filing in EAMS.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANT OF RECONSIDERATIONSTATUTORY TIME CONSTRAINTSOFFICE OF THE COMMISSIONERSELECTRONIC ADJUDICATION MANAGEMENT SYSTEMEAMSWCJDECISION AFTER RECONSIDERATIONLIQUIDATION
References
0
Case No. ADJ10110995 (MF)
Regular
Jun 20, 2019

Preston Lee Brown Scott vs. City of Los Angeles

Applicant Preston Lee Brown Scott, previously declared a vexatious litigant, filed multiple documents seeking relief without obtaining the required pre-filing approval. The Workers' Compensation Appeals Board reviewed these filings and found no significant change in circumstances justifying reconsideration of prior rulings. Consequently, the Board issued an order stating that the submitted documents are not accepted for filing. This order reaffirms the pre-filing requirements for vexatious litigants absent representation by a licensed attorney.

Vexatious LitigantPre-Filing OrderAppeals Board Rule 10782In Pro PerApplication for AdjudicationDeclaration of ReadinessPleadingsPetitionLicensed AttorneyChange in Circumstances
References
6
Case No. ADJ10110995
Regular
Oct 14, 2020

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, THE HARTFORD

The applicant, Preston Lee Brown Scott, was declared a vexatious litigant in 2018 and is subject to a pre-filing order. This order requires him to obtain prior approval from a judge before filing any documents with the Workers' Compensation Appeals Board (WCAB). He has filed multiple petitions for reconsideration without this approval. The WCAB has reviewed these filings and found no significant change in circumstances to warrant acceptance. Therefore, the documents submitted by Mr. Scott are not accepted for filing.

Vexatious litigantPre-filing orderWorkers' Compensation Appeals BoardRule 10430Rule 10782In pro perPetition for ReconsiderationAdjudication of claimDeclaration of readinessPleading
References
16
Case No. ADJ 3758765 (LBO 0335564) ADJ 977794 (LBO 0350733)
Regular
Jun 24, 2009

ROBERT BOUQUET, vs. FARBOTECH COLOR INCORPORATED, et al., INK SYSTEMS, INC., et al.

The Appeals Board granted reconsideration for CIGA (ADJ 3758765) and National Fire Insurance (ADJ 977794) due to errors in the Workers' Compensation Judge's (WCJ) decisions. In ADJ 3758765, the WCJ's decision improperly included Legion Insurance and omitted necessary caption corrections, necessitating a new decision. In ADJ 977794, the WCJ failed to rule on National's credit claim, erroneously calculated applicant's earnings, and required caption adjustments. Both cases are returned to the trial level for further proceedings and revised decisions by the WCJ.

CIGAFremont IndemnityNational Fire Insurance CompanyFarbotech ColorInk Systemspetition for reconsiderationFindings and AwardWCJpermanent disabilitytemporary total disability
References
3
Case No. ADJ 4566160 [ANA 339321] ADJ 4030690 [ANA 339322] ADJ 3188985 [LAO 796927]
Regular
Sep 12, 2008

ERNESTO RAMIREZ, ERNESTO RAMIREZ-PENA vs. MIKE CAMPBELL & ASSOCIATES, LIBERTY MUTUAL INSURANCE CO.

The WCAB dismissed the petition for reconsideration as untimely, noting the petitioner was not a lien claimant of record until the petition was filed and that the petition was filed outside the allowed 20-day period.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney FeesVictor AltamiranoRamon Otero Jr.WCJLabor CodeService of ProcessTimeliness
References
6
Case No. ADJ 6989600 ADJ 7517232 ADJ 7597741 ADJ 9169430
Regular
May 02, 2016

RENE MENDOZA (Deceased) DOLORES MENDOZA (Dependent) vs. CITY OF LOS ANGELES DEPARTMENT OF HOUSING AUTHORITY; YORK

This Workers' Compensation Appeals Board case involves a petition for removal filed by a petitioner, who subsequently withdrew it. As a result, the Board ordered the dismissal of the petition. The case originates from the claims of Dolores Mendoza, dependent of the deceased Rene Mendoza, against the City of Los Angeles Department of Housing Authority and York. This dismissal pertains to a decision issued on March 16, 2016.

Petition for RemovalWorkers' Compensation Appeals BoardDismissedApplicantDependentDefendantCase Nos.Van Nuys District OfficeDecisionPetitioner
References
0
Case No. MISSING
Regular Panel Decision
Feb 04, 1983

Claim of Palumbo v. Transport Masters International, Inc.

The Workers' Compensation Board initially denied a claim due to late filing and lack of advance compensation payment. A subsequently located disability benefits file was reviewed by the Board in the interest of justice. However, the Board found no evidence within this file to indicate a claim for compensation was filed as required by section 28 of the Workers' Compensation Law. The court affirmed the Board's decision, emphasizing that only questions of fact were presented. The court concluded that the Board's factual findings were conclusive as they were supported by substantial evidence in the record.

Workers' Compensation BoardClaim Filing DeadlineDisability Benefits FileSubstantial EvidenceQuestions of FactAppellate ReviewTime LimitationAdvance PaymentSection 28Administrative Review
References
1
Case No. ADJ 9547788, ADJ 9771745, ADJ 9805683
Regular
Mar 24, 2016

MARTIN TORTOLEDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Martin Tortoledo. The dismissal was based on the petitioner's failure to comply with WCAB Rule 10842(b), which requires specific citations to the record to support evidentiary statements. The WCAB emphasized that this rule mirrors appellate court requirements and that litigants cannot shift the burden of searching the record to the Board. Had the petition not been dismissed procedurally, the WCAB would have denied it on the merits as per the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(b)specific references to the recordappellate proceedingswaiver of pointburden of discoveryADM_CASE_NO_ADJ9547788ADM_CASE_NO_ADJ9771745
References
6
Case No. ADJ460672 (SFO 0499592), ADJ224818 (SFO 0499593)
Regular
Jul 11, 2012

HAMID KHAZAELI vs. SPEDIA.COM, INC., and SYSMASTER CORP., GREAT AMERICAN INSURANCE CO

Applicant Hamid Khazaeli has been declared a vexatious litigant under CCR Title 8, Section 10782, requiring pre-filing approval for any filings with the Workers' Compensation Appeals Board (WCAB) unless represented by an attorney. His "Petition for Reconsideration, Removal, Disqualification, and to Compel Testimony" filed on June 29, 2012, was reviewed. The WCAB did not accept this petition for filing, deeming it largely duplicative of prior dismissed and rejected filings. This decision reinforces the applicant's status as a vexatious litigant subject to strict pre-filing review protocols.

Vexatious LitigantPre-filing OrderCCR Title 8 Section 10782Petition for ReconsiderationRemovalDisqualificationCompel TestimonyJudicial OfficersQuasi-Judicial OfficersAppeals Board
References
2
Case No. ADJ 1082421 (RIV 00, ADJ 2895025 (RIV 00, ADJ 4589469 (RIV 004
Regular
Oct 26, 2009

Robert Phillips vs. HITCHCOCK AUTOMOTIVE, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., STATE COMPENSATION INSURANCE FUND, SUNRISE FORD, STATE COMPENSATION INSURANCE FUND, BOARD FORD, INC., AMERICAN ALTERNATIVE INSURANCE c/o RISK ENTERPRISE MANAGEMENT, REDLANDS FORD, ACE PROPERTY AND CASUALTY CO.

The Arbitrator found that applicant suffered a single continuous trauma injury. SCIF and Ace Property filed petitions for reconsideration. The Board affirmed the Arbitrator's decision, except for amending Finding 7 and adding an award of contribution.

Workers' Compensation Appeals BoardRobert PhillipsHitchcock AutomotiveCambridge Integrated Services GroupState Compensation Insurance FundSunrise FordRedlands FordACE Property and Casualty CompanyGallagher Bassett ServicesInc.
References
0
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