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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. ADJ3362095 (RIV 0081256)
Regular
Sep 12, 2011

RAMON CAMACHO vs. BROWN DATES GARDEN, FIRSTCOMP OMAHA

This case concerns defendant's petition for reconsideration of an order allowing a lien claim. The defendant argued inadequate notice of the lien trial and the subsequent order, and that the order was based on a repealed regulation. The Appeals Board granted reconsideration, noting the late discovery of the petition but applying due process principles for the reconsideration timeline. The Board rescinded the original order and returned the matter to the trial level for further proceedings.

Petition for ReconsiderationOrder Allowing Lien ClaimPrime Orthopedicsinadequate noticelien trialfax serviceCCP 1013(e)repealed regulationCCR Title 8 Section 10563statutory time for reconsideration
References
Case No. STK 0201989
Regular
Oct 03, 2007

JUAN PRADO vs. PRICE SMART, INC.,, COMMERCE & INDUSTRIAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous findings, remanding the case for further proceedings. The defendant argued that insurance coverage disputes must be arbitrated and that the WCJ lacked jurisdiction to determine liability. Additionally, the defendant claimed lack of notice for the hearing and that the applicant's injury occurred outside California. The Board found that the WCJ erred in not issuing a proper notice of intention before issuing the award, necessitating a new trial.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardJurisdictionInsurance Carrier LiabilityArbitrationLabor Code Section 5275WCIRBExpedited HearingNotice of Trial
References
Case No. ADJ4706204 (LAO 0826187)
Regular
Nov 30, 2015

KENNETH WEBB vs. AMERICAN PLUMBING, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant's petition for reconsideration after its $12,772.99 lien was dismissed by the WCJ for failing to appear at a trial. The lien claimant argued the non-appearance was due to a calendaring conflict, though the WCJ initially found no objection was filed. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level. This was based on the WCJ's protracted delay in dismissing the lien, the failure to address the lien claimant's objection to the dismissal notice, and the defendant's procedural defect in seeking dismissal for lack of prosecution.

Del Carmen Medical CenterPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissAppeals Board Rule 10562Order Approving Compromise and ReleaseWCJlien trialNotice of HearingDeclaration of Readiness to Proceed
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. ADJ4677991 (LAO 0833555)
Regular
Nov 04, 2011

RAFAEL CRESPO vs. GIBRALTAR MAUSOLEUM CONSTRUCTION

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant who did not appear at a lien conference. The Board rescinded the prior dismissal order due to the lien claimant's assertion of good cause for their absence and potential defects in service of the notice to dismiss. The case is returned to the trial level for further proceedings to address the unresolved lien.

Workers' Compensation Appeals BoardLien claimantReconsiderationOrder Dismissing LienCompromise and ReleaseNotice of Intention to DismissWCJPetition for Reconsiderationrescindtrial level
References
Case No. ADJ7928392
Regular
Aug 13, 2013

MARTIN SAN AGUSTIN vs. DEARDORFF JACKSON CO., SEABRIGHT INSURANCE COMPANY

This case involves a lien claimant's request for reconsideration after its lien was dismissed for failure to pay an activation fee. The Appeals Board granted reconsideration, finding that the lien claimant's attorney did not receive notice of the lien conference, a violation of due process. Therefore, the Board rescinded the dismissal order and returned the matter to the trial level for further proceedings regarding the lien.

Lien Activation FeePetition for ReconsiderationLien ConferenceDue ProcessNotice of RepresentationEAMSWCJLabor Code Section 4903.06(a)(4)Notice of HearingService of Notice
References
Case No. ADJ8546699
Regular
Apr 10, 2017

MARIA HERRERA vs. YONEKYU USA, INC., SOMPO JAPAN INSURANCE COMPANY OF AMERICA, TRAVELERS DIAMOND BAR, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants Preferred Scan and Tower Imaging, rescinding the dismissal of their liens. The WCAB found that the notices of representation filed by the lien claimants' representative at the lien trial, despite not being formal "change of representation" notices, were sufficient under WCAB Rule 10774.5(e)(2) because no prior representation notice was on file. The matter was returned to the trial level for further proceedings before a different judge.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationWCJDismissed LiensNotice of RepresentationWCAB Rule 10774.5Lien TrialRepresentative AppearanceRescinded Orders
References
Case No. ADJ2433904
Regular
Oct 10, 2011

ANGELA MARTINEZ vs. EL MONTE CONVALESCENT HOSPITAL, STATE COMPENSATION INSURANCE FUND

This case involves two lien claimants, Vogel and Interpreting Group, Inc., whose liens were dismissed after their representative failed to appear at a rescheduled lien trial. The Appeals Board granted reconsideration because the representative claimed they never received notice of the rescheduled trial, which was moved to an earlier date. Given the lack of conclusive evidence of notice and the unique circumstances of the rescheduling, the Board rescinded the dismissal orders. The matter is returned to the trial level for further proceedings to adjudicate the lien claims on their merits.

WCABlien claimantsreconsiderationNotice of Intention to Dismisslien trialhearing representativestipulated awardpermanent disabilityfuture medical treatmentEAMS
References
Case No. ADJ7278127
Regular
Nov 15, 2013

MARTHA ZAZUETA-GARCIA vs. SPHERION CORPORATION, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded two orders compelling the defendant to pay medical liens. The original orders were issued after the defendant failed to appear at a lien trial, but the defendant argued they did not receive proper notice. The Board found the defendant's failure to appear was due to mistake, inadvertence, or excusable neglect, supported by evidence of a late-filed substitution of counsel and alleged lack of notification. Consequently, the case was returned to the trial level for a new lien trial, with proper notice to be served on all parties.

Workers Compensation Appeals BoardLien TrialPetition for ReconsiderationOrder to Pay LienWCJFailure to AppearNotice of HearingSubstitution of AttorneysExcusable NeglectLabor Code Section 5506
References
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