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

Case No. ADJ8157719
Regular

NICOLAS MERCADO vs. CO-WEST COMMODITIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY

In this workers' compensation case, Nicolas Mercado filed a Petition for Removal. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the Board denied the petition, adopting the judge's reasoning.

Petition for RemovalWorkers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationULLICO Casualty CompanyliquidationPatriot Risk Servicesadministrative law judgeADJ8157719denial of removalBerman More & Gonzalez
References
Case No. ADJ8128134
Regular
Nov 06, 2014

ABRAHAM MERCADO vs. SUPER KING MARKETS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves Abraham Mercado's workers' compensation claim against Super King Markets and its insurer. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Mercado's Petition for Reconsideration. The dismissal was based on the grounds that the petition was filed untimely. The WCAB adopted the findings of the administrative law judge's Report and Recommendation.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyDismissalSuper King MarketsCalifornia Insurance Guarantee AssociationSedgwick Claims Management ServicesUllico Insurance CompanyLiquidationAdministrative Law Judge
References
Case No. ADJ237780
Regular
Mar 19, 2009

AURELIO MERCADO vs. TARGET STORES, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a dispute over a permanent disability rating for an injured worker, Aurelio Mercado. The WCJ initially found the applicant's vocational expert's opinion admissible, leading to a finding of total disability, and rejected the employer's apportionment argument. However, the Appeals Board rescinded this decision, citing recent en banc rulings in *Almaraz* and *Ogilvie* which clarified the standards for rebutting permanent disability ratings. The matter is returned to the trial level for further proceedings and a new decision consistent with these updated legal precedents regarding diminished future earning capacity and apportionment.

Workers' Compensation Appeals BoardAurelio MercadoTarget StoresSedgwick Claims Management ServicesAdmissibilityVocational ExpertJeff MalmuthDiminished Future Earning CapacityDFECPermanent Total Disability
References
Case No. ADJ3595876 (MON 0335747)
Regular
Apr 28, 2011

DELIA NICOLAS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured Adjusted by SEDGWICK CMAS

The Workers' Compensation Appeals Board (WCAB) denied Delia Nicolas's petition for reconsideration in the case against the Los Angeles Unified School District. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Additionally, the petitioner was admonished for failing to comply with font size requirements for her filing. The petition for reconsideration was formally denied by the WCAB.

Workers' Compensation Appeals BoardDELIA NICOLASLOS ANGELES UNIFIED SCHOOL DISTRICTSEDGWICK CMASADJ3595876ORDER DENYING RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJRule 10232(a)(5)
References
Case No. ADJ6626529
Regular
Nov 05, 2015

NICOLAS WALKER vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the issues in this case. The WCAB rescinded the prior Findings of Fact & Award, denied the defendant's motion to be relieved of stipulation regarding the thoracic spine, and found that the applicant sustained industrial injury to his cervical spine, shoulders, and thoracic spine. The WCAB deferred issues of permanent disability, apportionment, and attorney's fees, returning the matter to the WCJ for further record development.

Workers' Compensation Appeals BoardNicolas WalkerLos Angeles Unified School DistrictSedgewick Claims Management ServicesInc.ADJ6626529Opinion and Decision After ReconsiderationFindings of Fact & AwardWCJcervical spine
References
Case No. ADJ3086148 (AHM 0123696) ADJ749570 (AHM 0123697)
Regular
Mar 19, 2009

NICOLAE FILIP vs. EXIDE TECHNOLOGIES, ZURICH AMERICAN INSURANCE

Applicant sought reconsideration of a prior decision that denied claims of serious and willful misconduct and discrimination under Labor Code sections 4553 and 132a. The applicant alleged the employer wrongfully assigned dangerous tasks and retaliated for reporting health concerns. The Workers' Compensation Appeals Board reviewed the arguments and the existing record, incorporating their previous reasoning. Ultimately, the Board denied the applicant's petition for reconsideration, upholding the prior decision that the employer did not violate the cited Labor Code sections.

Workers' Compensation Appeals BoardExide TechnologiesZurich American InsuranceNicolae FilipLabor Code section 4553Labor Code section 132aserious and willful misconductdiscriminationindustrial injuryneck injury
References
Case No. ADJ404999 (MON 0357699)
Regular
Oct 14, 2009

ERNESTO MERCADO vs. PERSONNEL PLUS, INC., AMERICAN HOME ASSURANCE COMPANY, AIG DOMESTIC CLAIMS, INC.

The Appeals Board dismissed the petition for reconsideration, granted removal, rescinded the July 29, 2009 order, and returned the matter to the trial level. The WCJ's order to schedule an evaluation was rescinded due to procedural errors.

Workers' Compensation Appeals BoardErnesto MercadoPersonnel PlusInc.American Home Assurance CompanyAIG Domestic ClaimsInc.Petition for ReconsiderationPetition for RemovalLabor Code Section 5701
References
Case No. SAL 107113, SJO 220636
Regular
Aug 10, 2007

BRIAN SAN NICOLAS vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE, SEDGWICK/CMS, CONTINENTAL CASUALTY, CNA

The Workers' Compensation Appeals Board affirmed an award for applicant's cumulative trauma injury to his back and psyche but rescinded the award of additional temporary disability in a prior specific injury case. This rescission was due to the Appeals Board lacking jurisdiction for benefits commencing more than five years after the initial injury date, as the applicant had not experienced a new and further disability within that timeframe. The case was remanded for adjustment of the cumulative trauma award and clarification on medical treatment administration by Old Republic Insurance.

Workers' Compensation Appeals BoardOld Republic InsuranceContinental CasualtyBrian San NicolasPepsi Bottling Groupcumulative traumaindustrial injurytemporary disability indemnitymedical treatmentLabor Code section 4656(c)(1)
References
Case No. ADJ6915515
Regular
Jan 05, 2010

FRANCISCO GOMEZ vs. MERCADO FOOD ENTERPRISE, INC.; dba VALLATA SUPERMARKET # 16, SEDGWICK CMS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the venue change order was not a final, appealable decision. The Board also denied the applicant's petition for removal, finding no showing of substantial prejudice or irreparable injury. The applicant had sought to set aside an order changing the venue of his case to the Bakersfield District Office. The Board incorporated the Presiding Judge's report recommending denial of the removal petition.

Petition for RemovalPetition for ReconsiderationOrder changing venueBakersfield District OfficeLos Angeles District OfficePresiding Workers' Compensation JudgeFinal OrderSubstantive rights and liabilitiesSubstantial prejudiceIrreparable injury
References
Case No. ADJ7264206
Regular
Jan 12, 2017

SERGIO RUAN vs. SUPER MERCADO MI TIERRA, FARMERS INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was not taken from a "final" order, decision, or award. The Board clarified that a final order must determine substantive rights or liabilities, or a fundamental threshold issue. In this case, the WCJ's decision only awarded attorney fees to the applicant's counsel, and the defendant was not aggrieved by this specific award. Therefore, the petition was dismissed.

Petition for ReconsiderationAggrieved PartyFinal OrderSubstantive RightThreshold IssueAttorney FeesWCJ ReportDismissed PetitionWorkers' Compensation Appeals BoardSergio Ruan
References
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