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

Case No. OAK 0278433 OAK 0295169 OAK 0307341 OAK 0307342 OAK 0307343 OAK 0321700
Regular
Jul 06, 2007

LATONIA PACE vs. COUNTY OF ALAMEDA/SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., and COUNTY OF ALAMEDA/AIG/ TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration filed by Defendant AIG concerning prior workers' compensation decisions. The Appeals Board dismissed AIG's petition because AIG was not newly aggrieved by the Board's prior order, which affirmed the original judge's decision without amendment. AIG failed to timely petition for reconsideration of the initial judge's decision, and therefore, cannot now seek review of it through this petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedCumulative TraumaBilateral ShouldersUpper BackBilateral Upper ExtremitiesPermanent DisabilityWCJ Findings and AwardAggrieved Party
References
Case No. ADJ2954707 (LAO 0811130)
Regular
Aug 14, 2017

MARIA ACEVEDO vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE

This case involves Maria Acevedo's petition for reconsideration before the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed Acevedo's petition as successive because it raised the same issues as a prior petition on which she did not prevail. Established precedent dictates that a party cannot file a second petition for reconsideration unless newly aggrieved or if new evidence was considered. Since no new evidence was presented, the WCAB found the current petition impermissible and therefore dismissed it.

Petition for ReconsiderationSuccessive PetitionNewly AggrievedWrit of ReviewNew EvidenceWorkers' Compensation Appeals BoardWCJPermanente Medical GroupKaiser PermanenteSedgwick CMS
References
Case No. ADJ9382780
Regular
Feb 10, 2016

SANG BO LEE vs. M&J MANAGEMENT GROUPL, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a successive petition for reconsideration filed by the applicant, Sang Bo Lee, after a prior petition on the same issues was denied. The Appeals Board dismissed the current petition because it did not present new evidence and addressed the same arguments as the initial filing. California law generally prohibits successive petitions unless a party is newly aggrieved or the Board's decision was based on new evidence. Because neither condition was met, the applicant's petition was dismissed.

Successive petitionPetition for reconsiderationAppeals BoardDismissalNewly aggrievedNew evidenceWrit of reviewWCJ reportNavarro v. A & A FramingGoodrich v. Industrial Acc. Com.
References
Case No. ADJ144234 (VNO 0533862)
Regular
Jan 03, 2018

DONALD CARVER vs. INVESTMENT ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant's second petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) dismissed as successive. The WCAB held that a party cannot file a second reconsideration petition unless newly aggrieved or if new evidence not presented at trial was the basis for the WCAB's prior decision. In this instance, the prior decision was based on existing findings and did not involve new evidence, thus rendering the subsequent petition improper. The WCAB reiterated that such matters are typically addressed through a writ of review.

successive petition for reconsiderationlien claimantnewly aggrievedwrit of reviewAOE/COEmedical-legal expensesLabor Code 4603.2waiverPre-Trial Conference StatementMinutes of Hearing and Summary of Evidence
References
Case No. ADJ6692071
Regular
Aug 19, 2015

TITO FELIX vs. KSL RELP MANAGEMENT, LIBERTY MUTUAL

This case involves a worker's compensation claim where the Applicant, Tito Felix, filed a petition for reconsideration. The Appeals Board dismissed this petition because it was deemed "successive." Established legal precedent dictates that a party cannot file a second petition for reconsideration if their first one was unsuccessful, unless new evidence was introduced that rendered them "newly aggrieved." In this instance, the petition raised the same arguments as a prior, denied petition, and no new evidence was presented. Therefore, the petition was dismissed without prejudice as it violated established procedural rules.

Successive petitionPetition for reconsiderationAppeals BoardWorkers' compensationWCJNewly aggrievedPetition for writ of reviewNew evidenceDismissalGoodrich v. Industrial Acc. Com.
References
Case No. ADJ2579792
Regular
Oct 06, 2008

MARIA PEREZ vs. GUJMARRA VINEYARDS, THE TRAVELERS

The Workers' Compensation Appeals Board dismissed True MRI Medical Centers' Petition for Reconsideration because the lien claimant was not an aggrieved party, as no final order concerning their lien had been issued. The petition also failed to meet statutory requirements for alleging newly discovered evidence, lacking specific references to the record and a proper offer of proof. Consequently, the Board found the petition procedurally deficient and dismissed it accordingly.

Lien ClaimantPetition for ReconsiderationAggrieved PartyWorkers' Compensation Appeals BoardWCJNewly Discovered EvidenceOffer of ProofLabor CodeBoard RuleDismissal
References
Case No. ADJ1805486
Regular
Jul 01, 2010

SUZANNE SINGER vs. DISNEYLAND, DISNEY WORLD WIDE SERVICES

The Workers' Compensation Appeals Board dismissed applicant Suzanne Singer's petition for reconsideration because it was a successive petition. Singer sought reconsideration of a prior decision that affirmed the denial of her industrial injury claim from October 7, 2004. The Board found that Singer was not newly aggrieved by the prior decision and her only recourse was a writ of review, not another petition for reconsideration. Therefore, the Board dismissed her petition.

successive petitionpetition for reconsiderationindustrial injuryspecial missionwrit of reviewAppeals BoardWCJdeviationresume missionintoxicated
References
Case No. ADJ7620723
Regular
Aug 09, 2013

SERGIO CONTRERAS vs. WEST COAST PAINTING, AMERICAN CASUALTY COMPANY

This case concerns a lien claimant's petition for reconsideration of an order dismissing its lien for failure to pay a fee. The lien claimant argued it was exempt as its lien was previously resolved by stipulation and order. The defendant asserted the lien claimant was not aggrieved as the lien had been paid. Ultimately, the Appeals Board dismissed the petition for reconsideration because the lien claimant was not aggrieved, as its lien had been settled and paid.

Lien claimantPetition for reconsiderationDismissalLien activation feeStipulation and OrderAggrievedVerified answerDue processStatutory time periodAppeals Board
References
Case No. LAO 0786011
Regular
Nov 16, 2007

ISRAEL GALINDO (Deceased) vs. PDQ PERSONNEL SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board dismissed the County of Los Angeles' petition to set aside an order approving a compromise and release agreement. The County lacked standing because it was not a party to the agreement and therefore not directly aggrieved by the order. The Board clarified that the County may petition for reconsideration in the future if it is aggrieved by a final order.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationSuperior National Insurance CompanyliquidationCompromise and ReleaseGuardian ad LitemPetition for ReconsiderationPetition to Set Asideremovallack of mutual consideration
References
Case No. ADJ4550304 (LBO 0307290)
Regular
Sep 25, 2008

ANTHONY SANKEY vs. LOVCO CONSTRUCTION, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration primarily because it was not properly served on the applicant and their attorney, violating due process rights. The Board also found the lien claimant was not yet aggrieved, as the stipulations did not resolve his lien, and jurisdiction was reserved for its adjustment. Therefore, the petition was dismissed for failure to serve and for lack of standing as an aggrieved party at this stage.

Petition for ReconsiderationLien claimantStipulationsPermanent disabilityWithdrawal with prejudicePsyche/stress injuryAdverse effectUnbiased testimonyMedical evidenceTimely filed
References
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