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

Case No. ADJ9052848, ADJ9052856
Regular
Dec 26, 2014

MARIA ROMERO vs. NORTHGATE GONZALEZ MARKETS, ARCH INSURANCE, ESIS, INC.

This case involves Maria Romero and her employer, Northgate Gonzalez Markets. A petition for reconsideration of a prior decision dated October 9, 2014, was filed. The petitioner has since withdrawn this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalApplicantDefendantNorthgate Gonzalez MarketsArch InsuranceESIS Inc.ADJ9052848ADJ9052856
References
Case No. ADJ7110968
Regular
Apr 09, 2013

CLAUDIA LARA vs. NORTHGATE MARKET, ESIS

This case involves Claudia Lara, applicant, versus Northgate Market and ESIS, defendants. The Workers' Compensation Appeals Board issued an Order Dismissing Petition for Reconsideration. The dismissal is due to the petitioner having withdrawn their petition for reconsideration of the January 13, 2012 decision. Therefore, the petition has been formally dismissed by the Board.

Petition for ReconsiderationWithdrawn PetitionDismissed OrderWorkers' Compensation Appeals BoardApplicantDefendantNorthgate MarketESISPomona District OfficeJanuary 13 2012 decision
References
Case No. AHM 0121064 (MF) AHM 0121065
Regular
Jun 23, 2008

JOSE LUIS MELENDEZ vs. NORTHGATE GONZALEZ MARKET, ZURICH INSURANCE COMPANY

The applicant's counsel sought reconsideration of a WCJ's order on attorney fee division in a settled workers' compensation case, arguing for a larger share than awarded. The Appeals Board granted reconsideration to correct a clerical error identifying applicant's counsel. The Board affirmed the WCJ's original decision on the fee division, adopting the WCJ's report as justification.

Petition for ReconsiderationJoint Compromise and ReleaseAttorney Fee DivisionIndustrial InjuriesRight Knee InjuryButcherWCJ Report and RecommendationClerical ErrorOpinion on DecisionLabor Code Section 5313
References
Case No. ADJ3243026 (AHM 0147739)
Regular
Oct 11, 2013

GUILLERMINA SANTIAGO vs. NORTHGATE GONZALEZ MARKET, ACE AMERICAN INSURANCE CO., ESIS, INC.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior award denying attorney's fees to lien claimant Law Offices of Pisegna and Zimmerman. The WCAB also imposed sanctions of $750 against three attorneys from that firm for failing to satisfy procedural rules and submitting a petition with an inadequate verification. The firm failed to provide any evidence of legal services rendered for the applicant, nor did they appear at the lien trial. Their response to the sanctions notice did not demonstrate good cause, merely asserting good faith without factual support.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award & OrdersSanctionsLien claimantAttorney's feesWCJReport and RecommendationGood causeVerification
References
Case No. ADJ10266933
Regular
Mar 13, 2023

AIDA GONZALEZ GONZALEZ vs. HOTEL YOUNTVILLE LLC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board has dismissed a Petition for Removal filed by the applicant. This dismissal is due to the petitioner's voluntary withdrawal of the petition. The original order addressed by the petition was issued on September 6, 2022. The Board issued its Opinion and Order on March 13, 2023, formally dismissing the action.

Petition for RemovalDismissedWorkers' Compensation Appeals BoardAdjudication NumberHotel Yountville LLCGallagher BassettAida Gonzalez GonzalezSan Francisco District OfficeCommissionerChair
References
Case No. LAO 0879648
Regular
Jun 09, 2008

ANTO'NIO GONZALEZ vs. ASH, AMIR LANKARANI dba ANAHEIM CAR WASH

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Antonio Gonzalez was an employee of Anaheim Car Wash when he was injured. The Board adopted the administrative law judge's report, which found the applicant credible and the employer not credible. The judge determined that Gonzalez was hired to provide services for a daily wage, fulfilling the definition of an employee.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportLabor Code section 5313credibility findingGarza v. Workmen's Comp. Appeals Bd.employment disputeAnaheim Car WashAntonio GonzalezAmir Lankarani
References
Case No. ADJ9447747
Regular
Jan 29, 2016

ALICIA GONZALEZ vs. KELLERMEYER BERGENSON SERVICES, ZURICH AMERICAN INSURANCE COMPANY

This case concerns an employer's appeal of an award for interpreter services rendered to an injured worker. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's findings. The judge had awarded the interpreter her claimed market rate, imposed penalties for unreasonable delay in payment, and ordered sanctions and attorney fees due to the employer's actions. The employer argued the market rate was unsupported, penalties were unwarranted due to alleged procedural errors by the interpreter, and sanctions were unjust.

WCABKeller-MeyersZurich AmericanGallagher BassettMina ThorlakssonInterpreting ServicesMarket RateLabor Code 5811PenaltiesSanctions
References
Case No. ADJ3732643 (OXN 0133370)
Regular
Aug 12, 2011

JAIME GONZALEZ vs. HAMLIN DEVELOPMENT CORPORATION: GRANITE STATE INSURANCE COMPANY, et al.

This case concerns Granite State Insurance Company (AIG) seeking reconsideration of a prior order finding their workers' compensation policy with Hamlin Development Corporation valid and in force at the time of applicant Jaime Gonzalez's injury. The Board denied reconsideration, upholding the arbitrator's finding that AIG failed to properly and timely cancel the policy. AIG's cancellation notice was deemed defective because it lacked statutory grounds, did not explain how to cure the alleged deficiency, and did not notify the insured's intermediaries. Therefore, AIG remains obligated to defend Hamlin and provide benefits to Gonzalez.

Workers' Compensation Appeals BoardGranite State Insurance CompanyHamlin Development CorporationJaime GonzalezInsurance Code section 676.8Notice of CancellationPremium Finance AgreementInsurexConcord InsuranceCananwill
References
Case No. ADJ4317262 (ANA 0327568)
Regular
Apr 13, 2009

JOSE GONZALEZ vs. BURR ROOFING, INC., SCIF INSURED SANTA ANA

The applicant sought reconsideration of a workers' compensation award, primarily arguing the permanent disability rating undervalued his urological condition and the WCJ erred in not crediting vocational rehabilitation expert opinion. The Appeals Board granted reconsideration solely to award additional attorney fees for temporary disability benefits. While the majority affirmed the WCJ's original findings on permanent disability, a dissenting commissioner argued the urological condition was significantly underestimated and requested a new rating.

Workers Compensation Appeals BoardJose GonzalezBurr RoofingSCIF Insured Santa Anapermanent disabilityapportionmentrooferupper back injurymid back injurylow back injury
References
Case No. ADJ7099563, ADJ7825176
Regular
Mar 07, 2014

MARIA GONZALEZ (WIDOW) vs. THE GAP, INC. dba BANANA REPUBLIC, AMERICAN ZURICH INSURANCE C/O SPECIALTY RISK

The Workers' Compensation Appeals Board affirmed a prior decision finding that the deceased employee did not sustain an industrial injury to his nervous, cardiac, or hypertension systems. Furthermore, his death was determined not to be industrially caused, and his widow's claim for death benefits was denied. The Board found that the defendant's timely denial of the employee's inter vivos claim precluded the need for a separate denial of the death benefit claim arising from the same alleged injury. The Board also concluded that the applicant failed to present substantial medical evidence demonstrating industrial causation for the alleged conditions or the resulting death.

Workers' Compensation Appeals BoardMiguel Angel GonzalezMaria GonzalezThe Gap Inc.Banana RepublicAmerican Zurich Insuranceindustrial injurynervous systemcardiac systemhypertension
References
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