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

Case No. ADJ7079625
Regular
Apr 16, 2012

NOEL MORTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an Amended Findings and Award. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB intends to thoroughly review the record to issue a just and reasoned decision, and all future filings must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardNoel MortonState of California Department of CorrectionsLegally UninsuredSCIFPetition for ReconsiderationAmended Findings and AwardReconsideration GrantedDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ12896583
Regular
Apr 18, 2023

Noel Alvarez vs. Arcade Baptist Church of Sacramento, Church Mutual Insurance Company

The applicant, Noel Alvarez, sustained injuries to his left leg, right shoulder, and psyche, including hypertension, arising from his employment. Initially, the WCJ awarded permanent partial disability of 48% and found a need for further medical treatment. Applicant sought reconsideration, contending the injury caused permanent total disability. The Appeals Board, after granting reconsideration and facilitating a settlement conference, rescinded the prior award. The matter is now remanded to the WCJ to consider a fully executed Compromise and Release agreement between the parties.

Workers' Compensation Appeals BoardNoel AlvarezArcade Baptist ChurchChurch Mutual Insurance CompanyAdjudication NumberOpinion and Decision After ReconsiderationFindings of FactAwards and Ordersmaintenance workerleft leg injury
References
Case No. ADJ1982202
Regular
Mar 09, 2009

NOEL RIVERA vs. SENSIENT TECHNOLOGIES CORPORATION, INC., CHUBB FEDERAL INSURANCE, SPECIALTY RISK SERVICES, INC.

This case involves a claim by Noel Rivera against Sensient Technologies Corporation. The Court of Appeal denied the employer's petition for writ of review and found no reasonable basis for it, remanding the case for supplemental attorney fees. A stipulation between the parties was reached whereby the defendant agreed to pay $3,500.00 for these supplemental attorney fees. The Workers' Compensation Appeals Board approved this stipulation as reasonable.

Labor Code § 5801Supplemental Attorney's FeesPetition for Writ of ReviewDenial of PetitionRemittiturStipulationLump SumT. Mae YoshidaMullen & FilippiWCAB
References
Case No. 100000000
Regular
Dec 09, 2011

NOEL MORTON (Deceased), CAROLYN MORTON, BRANDON MORTON, LAURA DOUGHERTY as Guardian ad Litem and Trustee for CHEYENNE MORTON, a minor vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, STATE COMPENSATION INSURANCE FUN STATE EMPLOYEES, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM

The applicants seek reconsideration of a decision that set aside an earlier award of death benefits. They argue the trial judge erred in calculating the benefits due and improperly credited payments from the CalPERS "1959 Survivor Benefits program." The Appeals Board granted reconsideration, rescinded both the September 15, 2011 order and the August 18, 2011 award, and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationGuardian ad LitemTrusteeAnnual AwardFindings and AwardWCJDependency BenefitsCalPERS1959 Survivor Benefits
References
Case No. ADJ8928907
Regular
Oct 29, 2015

NOEL CARMONA vs. SUN VALLEY PRODUCTS, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Western Imaging Services, Inc. (WIS). WIS had its lien claim disallowed because it failed to prove registration as a professional photocopier. The Board found that WIS was exempt from registration under Business and Professions Code § 22451(b) as it acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. Consequently, the prior decision was rescinded, and the case was returned for further proceedings on the lien amount.

Workers' Compensation Appeals BoardNoel CarmonaSun Valley Products Inc.Insurance Company of the WestWestern Imaging Services Inc.lien claimantpetition for reconsiderationadministrative law judgeBusiness and Professions Code section 22450Business and Professions Code section 22451(b)
References
Case No. ADJ9148328
Regular
Mar 13, 2017

PERCY NOEL vs. HONEYWELL INTERNATIONAL, MATRIX ROCKLIN

The Workers' Compensation Appeals Board (WCAB) dismissed Percy Noel's Petitions for Removal. The WCAB found the petitions were untimely filed, exceeding the 25-day deadline for removal petitions from a non-final decision served by mail. Proof of mailing was insufficient, and the WCAB requires actual receipt within the time limit. Even if timely, the WCAB would have denied the petitions on their merits, adopting the WCJ's reasoning.

Petition for RemovalUntimely FilingWCABWorkers' Compensation Administrative Law JudgeService by MailFiling DeadlineNon-final DecisionWCJ ReportDismissalCalifornia Code of Regulations
References
Case No. ADJ9736048
Regular
Nov 28, 2017

RUSSELL NOEL vs. CITY OF FRESNO POLICE DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) denied Russell Noel's Petition for Removal against the City of Fresno Police Department. The WCAB explained that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not met. Reconsideration was deemed an adequate remedy for any future adverse decisions, especially as the case would be reassigned to a new judge due to the previous judge's retirement. Therefore, the petition for removal was denied.

Petition for RemovalAppeals Boardsubstantial prejudiceirreparable harmreconsiderationadequate remedyWorkers' Compensation Administrative Law Judgede novodenial of removalextraordinary remedy
References
Case No. ADJ1821372 (OAK 0348608) ADJ3501870 (OAK 0348014)
Regular
Dec 15, 2010

NOEL SMITH vs. ALLIED BARTON SECURITY SERVICES, ESIS CONTINUING SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed Noel Smith's petition for reconsideration of a previous finding that she did not sustain industrial injuries on January 13 and 30, 2008. The petition was dismissed because it was untimely filed with the WCAB. Specifically, the petition was received and scanned into EAMS on October 29, 2010, well past the September 20, 2010 deadline, and it was not properly served. Even if it had been timely, the WCAB would have denied it on the merits based on the WCJ's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderAdministrative Law JudgeLabor Code Section 5900(a)Labor Code Section 5909Shipley v. Workers' Comp. Appeals Bd.Due ProcessCode of Civil Procedure Section 1013WCAB Rule 10507
References
Case No. ADJ2516724 (VNO 0483078), ADJ3217913 (VNO 0454703), ADJ2235819 (VNO 0454704), ADJ2582994 (VNO 0483080)
Regular
Feb 17, 2012

Noel Lopez vs. Bolthouse Farms, Argonaut Insurance Company, SEDGWICK, Mid-Century Insurance

The Workers' Compensation Appeals Board (WCAB) affirmed four prior Findings and Awards (F&As) issued to applicant Noel Lopez, denying his petitions for reconsideration. The WCAB found that the applicant's contentions regarding the evidence and due process were unsubstantiated, and that the WCJ's credibility determinations were supported by substantial evidence. Consequently, the WCAB imposed sanctions of $1,000 jointly and severally against applicant's attorney, Clarence E. Blair, and the Law Office of Lafayette Blair, for their failure to comply with procedural rules.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardsSanctionsLabor Code Section 5813Appeals Board Rule 10561Arising Out of or In the Course of Employment (AOE/COE)Medical Legal CostsSelf-Procured Medical ExpensesPermanent Partial Disability
References
Case No. ADJ2516724 (VNO 0483078) ADJ3217913 (VNO 0454703) ADJ2235819 (VNO 0454704) ADJ2582994 (VNO 0483080)
Regular
Jan 09, 2012

Noel Lopez vs. Bolthouse Farms, Argonaut Insurance Company, Sedgwick, Mid Century Insurance

Applicant Noel Lopez's petitions for reconsideration repeatedly violated Appeals Board rules regarding page limits, formatting, and the proper submission of evidence. Despite explicit instructions to correct these deficiencies, the applicant's attorney filed a second petition with similar non-compliance. Consequently, the Appeals Board issued a Notice of Intention to impose sanctions of $1000.00 against the attorney and his law firm for frivolous and delay-seeking conduct. The Board is allowing 15 days for written objection demonstrating good cause to avoid sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAppeals Board RulesPage Limit ViolationImproper AttachmentsLack of Specific CitationsBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
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