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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
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. ADJ6564669
Regular
Dec 06, 2011

JEANNE HORTON vs. STATE OF CALIFORNIA, GOVERNOR'S OFFICE OF EMERGENCY SERVICES, STATE COMPENSATION INSURANCE FUND

In **ADJ6564669**, the defendant petitioned for reconsideration of a September 27, 2011 Findings of Fact. The Workers' Compensation Appeals Board granted the petition because a preliminary review indicated the need for further study of the factual and legal issues. This action is to ensure a complete understanding of the record and enable a just decision. All future communications must be filed with the Office of the Commissioners in San Francisco.

ReconsiderationPetition for ReconsiderationFindings of FactWorkers' Compensation Appeals BoardGovernor's Office of Emergency ServicesState Compensation Insurance FundStatutory time constraintsFactual and legal issuesDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ7192006
Regular
Apr 01, 2014

GENE GOODREAU vs. LAW OFFICES OF MARC ELLIOTT GROSSMAN, THE HARTFORD

This case concerns a Petition for Reconsideration filed by the defendant, Law Offices of Marc Elliott Grossman and The Hartford, regarding a prior Findings and Award. The Workers' Compensation Appeals Board (WCAB) granted the petition to allow for further study of the factual and legal issues. This reconsideration is necessary to ensure a comprehensive understanding of the record and facilitate a just decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners' office in San Francisco, not with any district office or via e-filing.

Petition for ReconsiderationFindings and AwardStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemWCABLos Angeles District Office
References
Case No. ADJ9648149
Regular
Oct 30, 2014

ANGEL ZEPEDA vs. DMS FACILITY SERVICES, INC.; ZURICH NORTH AMERICA

The applicant, Angel Zepeda, sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration because further study of the factual and legal issues was necessary for a just decision. All future communications must now be filed in writing with the Office of the Commissioners, not district offices, and not electronically. This order grants reconsideration and directs further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrantedAugust 132014Statutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the Commissioners
References
Case No. ADJ1777780 (MON 0291909) ADJ4001050 (MON 0332982)
Regular
Dec 29, 2014

ALICIA CRUZ vs. CALIFORNIA HOSPITAL MEDICAL CENTER, SEDGWICK CMS

Both the applicant and defendants sought reconsideration of a prior WCAB decision. The Board granted reconsideration to allow for further study of the factual and legal issues presented. This action is necessary to ensure a complete understanding of the record and facilitate a just and reasoned decision. All future communications must be filed in writing with the Office of the Commissioners of the WCAB.

WORKERS' COMPENSATION APPEALS BOARDPetitions for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management Systemstatutory time constraintsfactual and legal issuesjust and reasoned decisionOffice of the Commissionersstreet addressPost Office Box address
References
Case No. ADJ402260 (MON 0284448)
Regular
Jan 30, 2012

MARTIN REYES vs. AMERICAN HARDWOOD, CIGA for RELIANCE INSURANCE, in liquidation

This case involves applicant Martin Reyes seeking reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted the petition for reconsideration. This action is taken to allow for further study of the factual and legal issues, ensuring a just and reasoned decision. All future filings in this matter should be directed to the WCAB's Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCIGAReliance Insurance liquidationStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersLocal office
References
Case No. ADJ342207 (VNO 0546111)
Regular
Dec 09, 2010

KATHERINE O'SULLIVAN vs. LAW OFFICES OF TERRY L. WOOD, STATE COMPENSATION INSURANCE FUND

The applicant, Katherine O'Sullivan, petitioned for reconsideration of a decision dated October 6, 2010. The Workers' Compensation Appeals Board granted this petition due to statutory time constraints and the need for further study of the factual and legal issues. The Board requires more time to fully understand the record and ensure a just decision, allowing for potential further proceedings. All future communications should be directed to the Board's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardState Compensation Insurance FundLaw Offices of Terry L. WoodKatherine O'SullivanDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesOffice of the CommissionersSan Francisco
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
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