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

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. ADJ2414221 (LAO 0845829) ADJ784443 (LAO 0848988) ADJ4632517 (VNO 0474654)
Regular
Jan 14, 2011

JOSEFA GUTIERREZ vs. SCORE SOCCER AMERICAN, STATE COMPENSATION INSURANCE FUND, SANTA ANA

The Appeals Board granted reconsideration to a lien claimant who argued their lien was improperly dismissed due to lack of notice. The Board found no substantial evidence of proper service of hearing notices on the lien claimant. Consequently, the dismissal order was rescinded, and the matter was returned for further proceedings to allow the lien claimant an opportunity to present its case on the merits.

Workers' Compensation Appeals BoardLien claimantReconsiderationOrder Dismissing LienLack of noticeProof of serviceDeclaration of ReadinessStatus conferenceEAMS CommunicationsMinutes of hearing
References
Case No. ADJ8835828
Regular
Jun 28, 2019

CAMILLO BONOME vs. CITY OF RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) rescinded an order imposing $200 in sanctions and $8,429.23 in attorney's fees and costs against Med-Legal Photocopy (lien claimant). The WCAB found the notice of hearing for the sanctions conference was insufficient and that the underlying award of attorney's fees and costs was not properly addressed on its merits. The matter was returned to the trial level for a hearing on the defendant's petition for costs.

Med-Legal PhotocopyLien claimantSanctionsAttorney's feesNotice of IntentionLien conferenceDue processFair hearingPetition for CostsWCJ
References
Case No. ADJ4661222 (MON 0354694)
Regular
Jul 05, 2016

LAKEISHA HICKS vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE COMPANY, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board granted reconsideration for lien claimants Beverly Hills Ambulatory Surgery Center and Beverly Hills Anesthesia. The WCJ had dismissed their liens due to non-appearance at a conference, but the lien claimants claimed they never received notice of the conference or the intent to dismiss. Crucially, the Board noted the conflict between the defendant's proof of service and the lien claimants' verified assertion of non-receipt, without any credibility determination. Therefore, the case was rescinded and returned to the trial level for an evidentiary hearing to resolve these notice and service issues.

Lien claimantsReconsiderationPetition for ReconsiderationOrder Dismissing LienNon-appearanceLien conferenceNotice of hearingNotice of intention to dismissCode of Civil Procedure section 473(b)Mistake
References
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ4295446 (GOL 0087464)
Regular
Mar 20, 2014

Virginia Landaw vs. Toyota of Santa Barbara, Public Service Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to have hearings held at the Santa Barbara district office rather than Oxnard. The WCAB found that the relocation was necessary due to insufficient space at the Santa Barbara facility, impacting lobby, hearing room, and parking availability. The Board reaffirmed its authority to calendar hearings at different offices based on available resources and cited the applicant's minimal increased travel as insufficient grounds for removal. The WCAB also highlighted the availability of CourtCall and the ongoing efforts to secure a more suitable Santa Barbara location.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceExpedited HearingJudicial NoticeAdministrative Law Judge
References
Case No. ADJ6939769
Regular
Sep 28, 2010

RONY BONILLA vs. AMERICAN TRANSPORTATION SYSTEM, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found the original decision void *ab initio* due to the Administrative Law Judge's failure to serve the Minutes of Hearing and Summary of Evidence and issue a Notice of Intent to Submit. This procedural defect deprived the defendant of due process and the opportunity to object. The matter is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and AwardMinutes of HearingSummary of EvidenceLabor Code section 5313Board Rule 10562(a)(2)Notice of Intent to SubmitDue ProcessExpedited Hearing
References
Case No. ADJ357004 (LAO 0805077)
Regular
Apr 18, 2018

MARIA ESQUEDA vs. CSK AUTO CORPORATION dba KRAIGEN AUTO PARTS, ARROWPOINT CAPITAL CORPORATION, LIBERTY MUTUAL

This case involves a defendant seeking reconsideration of two orders allowing lien claims. The defendant argues they were never properly served with notice of the hearings or the orders, thus violating their due process rights. The Workers' Compensation Appeals Board granted reconsideration, finding the defendant's assertion of defective service persuasive. The Board rescinded the prior orders and returned the matter to the trial level for further proceedings to ensure proper notice and a fair hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimOrder Allowing LienProof of ServiceDue ProcessNotice of HearingWCJRescindedReturned to Trial Level
References
Case No. ADJ1835591
Regular
Apr 08, 2014

KEVIN MERRIMAN vs. MERRIMAN TRUCKING, L.W.P. COMMERCIAL CLAIMS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal. The WCAB found that transferring hearings from the Santa Barbara satellite office to Oxnard was necessary due to space limitations in Santa Barbara. The WCAB has the discretion to schedule hearings at different district offices for logistical reasons, and the applicant failed to demonstrate significant prejudice or irreparable harm. Additionally, CourtCall options are available to mitigate travel difficulties for attorneys and unrepresented applicants.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceExpedited HearingsSatellite OfficeJudicial Notice
References
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