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

Case No. ADJ8910178
Regular
Apr 09, 2015

NIDIA ZEPEDA vs. MIRAE INDUSTRIAL INC.; EMPLOYERS COMPENSATION INSURANCE; CRUM AND FORSTER

This case involves Nidia Zepeda versus Mirae Industrial Inc., their insurance carriers. The Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration filed by the petitioner. This dismissal is due to the petitioner's withdrawal of the petition. Therefore, the prior decision of February 5, 2015, remains in effect.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardMIRAE INDUSTRIAL INC.EMPLOYERS COMPENSATION INSURANCECRUM AND FORSTERADJ8910178Los Angeles District OfficeNIDIA ZEPEDA
References
0
Case No. ADJ9165986
Regular
Mar 04, 2016

SANTIAGO ZEPEDA vs. C.R. LAURENCE INTERNATIONAL, INC.; CHUBB GROUP OF INSURANCE COMPANIES, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied Santiago Zepeda's Petition for Reconsideration. The Board affirmed the finding that Zepeda did not sustain an industrial injury, giving great weight to the WCJ's credibility determination. Zepeda's inconsistent testimony regarding past injuries and the WCJ's finding of his lack of credibility undermined his claim. Furthermore, the primary treating physician's reports were deemed not substantial evidence due to inadequate medical histories.

Workers' Compensation Appeals BoardIndustrial InjuryPetition for ReconsiderationFindings and OrdersWorkers' Compensation Administrative Law JudgeCredibility DeterminationSubstantial EvidencePrimary Treating PhysicianMedical HistoryAdmissible Evidence
References
8
Case No. ADJ2221254
Regular
May 24, 2010

, TERESA ZEPEDA, vs. , ITT CANNON, Permissibly Self-Insured, TEMPSTAR SERVICES, INC., CIGA by BROADSPIRE for the liquidating SUPERIOR NATIONAL INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY,

This case concerns a cumulative trauma injury to Teresa Zepeda's upper extremities. The defendant, Continental Casualty, sought reconsideration, arguing the date of injury occurred before its insurance coverage began. The Board affirmed the original award, finding the date of injury was February 14, 2001, when Zepeda first became temporarily totally disabled due to surgery. This date fell within Continental Casualty's coverage period. Therefore, the Board denied Continental Casualty's petition for reconsideration.

Cumulative traumaDate of injuryPermanent disabilityTemporary disabilityModified dutyCompensable disabilityInjurious exposureSection 5412Section 5500.5Agreed Medical Examiner
References
2
Case No. ADJ9648149
Regular
Oct 30, 2014

ANGEL ZEPEDA vs. DMS FACILITY SERVICES, INC.; ZURICH NORTH AMERICA

The applicant, Angel Zepeda, sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration because further study of the factual and legal issues was necessary for a just decision. All future communications must now be filed in writing with the Office of the Commissioners, not district offices, and not electronically. This order grants reconsideration and directs further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrantedAugust 132014Statutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the Commissioners
References
0
Case No. STK 0194292
Regular
Apr 02, 2008

HERIBERTO ZEPEDA vs. SIERRA CONSERVATION CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a WCJ's decision that the 2005 permanent disability rating schedule applied to applicant Heriberto Zepeda's bilateral wrist and elbow injury. Applicant argued that prior industrial disability leave payments in 2004 triggered an exception requiring the 1997 schedule. The Board found these payments were for medical examinations and did not necessitate the notice required to trigger the exception, thus affirming the applicability of the 2005 schedule.

Workers Compensation Appeals BoardCumulative trauma injuryPermanent and stationary2005 rating schedule1997 rating scheduleIndustrial disability leaveLabor Code section 4061Labor Code section 4660(d)Labor Code section 4600(a)(1)Temporary disability
References
1
Case No. ADJ17068636
Regular
May 19, 2025

KATHLEEN ZEPEDA vs. CALIFORNIA BAPTIST UNIVERSITY, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

Applicant Kathleen Zepeda claimed injury to her abdomen, back, and lower extremities while employed by California Baptist University. Lien claimant Medland Medical Group and defendant California Baptist University both sought reconsideration of a February 19, 2025 Findings and Award (F&A). The F&A entitled Medland Medical Group to payment for medical-legal costs related to an April 26, 2023 report but did not find an injury arising out of and in the course of employment (AOE/COE). The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration, granted the lien claimant's petition for reconsideration, and affirmed the F&A with an amendment to explicitly state that the lien claimant failed to meet its burden of establishing injury AOE/COE.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and AwardMedical-Legal ReportPrimary Treating PhysicianInjury AOE/COESubstantial EvidenceContested ClaimMedical Treatment Costs
References
5
Case No. BAK 0139905
Regular
Dec 21, 2007

JOSE DE JESUS ZEPEDA (JOSE DE JESUS ZEPEDA MARTINEZ) vs. ARTS CUSTOM CABINETS, AACA/AMERICAN COMMERCIAL CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration of a Findings and Award concerning lien claimant's facility fees. The Board found the record insufficient to determine if the discogram and discectomy were reasonable and necessary treatments for the applicant's industrial injury. The case is returned to the trial level for further development of the medical record, including addressing ACOEM guidelines and the reasonableness of surgical center fees.

Lien claimantReconsiderationFindings and AwardFacility feesEpidural injectionsDiscogramDiscectomyHerniated nucleus pulposusReasonable and necessaryMedical evidence
References
6
Case No. ADJ7077460
Regular
Nov 04, 2013

MARIA ZEPEDA vs. CANDLE LAMP COMPANY, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendants' Petition for Reconsideration. The Board ruled that a petition for reconsideration can only be filed after a final order, and the Board's prior order granting reconsideration was interlocutory, not final. Because the petition sought reconsideration of a non-final order, it was procedurally improper and thus dismissed. The Board also noted the defendants' failure to respond to the initial petition for reconsideration.

Petition for ReconsiderationFinal OrderInterlocutory OrderGranting ReconsiderationOrder Vacating DismissalLien ClaimantWCJ's ReportLien Activation FeeProof of ServiceDismissed
References
5
Case No. ADJ7347492
Regular
Aug 20, 2012

EDWARD ZEPEDA vs. CARNATION CO., METLIFE INS. CO. OF CONNECTICUT, Administered by TRAVELERS

Here's a summary of the case for a lawyer, in four sentences: The Board granted reconsideration to rescind the WCJ's decision, finding no unreasonable delay in the defendant's payment of a Compromise and Release settlement. The Board determined the delay was due to an inadvertent typographical error in the address for one of three settlement checks, not bad faith or intentional delay by the defendant. Consequently, penalties and attorney fees related to the alleged delay were denied. The Board also found no basis for sanctions under Labor Code section 5813.

Labor Code Section 5814Labor Code Section 5813Compromise and ReleasePetition for ReconsiderationUnreasonable DelayPenaltyAttorney FeesApplicant's CostsTypographical ErrorInadvertent Error
References
2
Case No. ADJ8185753
Regular
Jul 23, 2015

JUAN ZEPEDA vs. BERBERIAN NUT COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES. INC.

The Workers' Compensation Appeals Board denied the defendant's petition for removal. The defendant sought to remove a finding and order requiring a new medical evaluation by an internist, arguing it was unnecessary and prejudicial. The Board found that the applicant demonstrated good cause for the additional evaluation, supported by prior medical reports and testimony indicating the need for an internist to assess specific industrial complaints. The Board concluded the defendant failed to show substantial prejudice or irreparable harm.

Petition for RemovalFinding and OrderQualified Medical Evaluator (QME)Internal MedicineDisputed Medical IssueDWC Regulation 31.7(b)Substantial PrejudiceIrreparable HarmWCJ Report and RecommendationMedical Record Development
References
1
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