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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. ADJ9326359
Regular
Jan 17, 2020

ERNEST JOHNSON vs. JWCH INSTITUTE, INC.; CYPRESS INSURANCE, administered by BHHC

The Workers' Compensation Appeals Board denied the lien claimant's Petition for Reconsideration. The Board found that while the WCJ's decision included a threshold finding of injury AOE/COE, making it a final order, the lien claimant's challenge only pertained to an interlocutory issue regarding the nature of medical treatment. The Board determined that reconsideration was not the appropriate remedy for this interlocutory dispute and that the lien claimant failed to demonstrate the extraordinary circumstances required for removal. Therefore, the petition was denied.

Petition for ReconsiderationThreshold IssueFinal DecisionInterlocutory IssueRemoval StandardAOE/COELien ClaimantWorkers' Compensation Appeals BoardWCJ ReportSignificant Prejudice
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ2505407 (LAO 0854803)
Regular
Jan 18, 2011

REBECCA MARCELO vs. CITRUS VALLEY HEALTH PARTNERS, TRAVELERS INSURANCE COMPANY

The Appeals Board granted reconsideration of a WCJ's decision that disallowed a lien claimant's services, finding they were not reasonably required. The lien claimant argued the WCJ erred by proceeding without its representative present and failing to consider evidence. The Board agreed, adopting the WCJ's report which highlighted the need for parties to be prepared at all stages to manage lien claims efficiently. The matter was returned to the trial level for further proceedings and a new decision, with potential sanctions for the lien claimant's unpreparedness.

Petition for ReconsiderationLien claimantWCJ decisionindustrial injurycumulative traumaPhysician PartnerPinnacle Lien Servicesdisallowed liencourt reporterPetition for Reconsideration
References
Case No. ADJ2178733 (BAK 0154115)
Regular
May 27, 2014

LIDIA BUENO vs. RAVILA FARM LABOR SERVICES, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

This case involves a lien claimant, Biocare RX Specialty Pharmacy, whose lien was dismissed by the Workers' Compensation Appeals Board (WCAB). Biocare argued the dismissal was erroneous because it had not yet filed a lien. The WCAB granted reconsideration, rescinding the dismissal order. The Board found it lacked jurisdiction to dismiss a lien that had not been filed and that Biocare was improperly dismissed for non-appearance at a lien conference for which it received no notice.

Lien claimantPetition for ReconsiderationOrder to Dismiss LiensWCJBiocare RX Specialty PharmacyElite Lien Servicesjurisdictionfiled lienLabor Code section 4903.5industrial injury
References
Case No. ADJ9589077
Regular
Nov 17, 2016

HOANG NGUYEN vs. DRIESSEN ZODIAC AEROSPACE, ALASKA NATIONAL INSURANCE COMPANY, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration. The petition sought to challenge a Notice of Intention to Dismiss Lien, which was not a final order. Reconsideration can only be sought from final orders that determine substantive rights or threshold issues, not interlocutory procedural decisions. Therefore, the WCAB found the petition premature and dismissed it, suggesting the lien claimant instead file an objection to the Notice of Intention.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to Dismiss LienLien ClaimantCalendaring ErrorWCJ Report and RecommendationFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory Procedural Decisions
References
Case No. ADJ3205611
Regular
Oct 03, 2011

Pedro Valencia vs. TSL, LTD, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Ventura County Medical Transportation, seeking reconsideration of their lien's dismissal. The lien was dismissed with prejudice by the WCJ for failing to object to a Notice of Intention to Dismiss Lien. The lien claimant argued their representative was attending another hearing and claimed a response was mailed but not received. The Appeals Board denied the petition, finding the WCJ correctly followed regulations by dismissing the lien after the claimant failed to appear at the lien trial and subsequently failed to respond to the notice of dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantNotice of Intention to Dismiss LienGood cause objectionLien trialAdministrative law judgeCompromise and releaseAffidavit of lien resolution
References
Case No. ADJ6831982 ADJ7075511
Regular
Jul 22, 2016

CARLOS MILLAN vs. KEY DISPOSAL, INC., REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES MANUFACTURERS ALLIANCE, AMERICAN CLAIMS MANAGEMENT

This Workers' Compensation Appeals Board (WCAB) case, involving applicant Carlos Millan against Key Disposal, Inc., has had its previously issued decision on July 22, 2016, reconsidered. The WCAB granted the petition for reconsideration filed by a lien claimant due to statutory time constraints and the need for further review of factual and legal issues. The Board requires additional time to thoroughly understand the record and ensure a just decision. All future correspondence related to the petition for reconsideration must now be filed directly with the WCAB Commissioners in San Francisco, not with the district office, and should not be e-filed.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPETITIONLIEN CLAIMANTSTATUTORY TIME CONSTRAINTSFACTUAL ISSUESLEGAL ISSUESJUST AND REASONED DECISIONFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATION
References
Case No. ADJ7189229
Regular
May 23, 2014

CLIQUN JIANG vs. NOGALES PHARMACY INC., STATE FARM INSURANCE

Lien claimants Khristine Eroshevich, M.D., and Ayako Nakano, D.C., petitioned for reconsideration after their liens were dismissed for failing to appear at a lien conference. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report that found the lien claimants received notice and failed to establish excusable neglect. The Board emphasized that lien claimants are responsible for maintaining proper office procedures to track notices. The Board found no legal authority supporting a defendant's duty to contact absent lien claimants and noted the lien claimants' failure to object to the Notice of Intent to Dismiss.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissal of LiensLien ConferenceNotice of Intent to Dismiss LiensExcusable NeglectCivil Code of Procedure section 473(b)WCABAdministrative Law Judge
References
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