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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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. 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. ADJ7180052
Regular
Dec 16, 2013

JEFF ALLMAN vs. HELEN TOWERS MANAGEMENT COMPANY, YORK VALENCIA

The Workers' Compensation Appeals Board dismissed Jeff Allman's Petition for Reconsideration as untimely. The original Findings and Award were issued on September 17, 2013, but the petition was not filed within the statutory 25-day deadline. Even if timely, the Board noted the petition was skeletal, failing to address the merits of the original decision. Furthermore, the Board found no record of Allman updating his address per regulations, and proof of service on his official address was valid.

Petition for ReconsiderationUntimely FilingOfficial Address RecordProof of ServicePresumption of ReceiptDWC Rule 10205.5(c)Skeletal PetitionFindings and AwardWorkers' Compensation Appeals BoardLabor Code section 5903
References
Case No. ADJ4637163
Regular
Sep 09, 2013

KATHY GLENN FIRMALO vs. JOHN C. FREMONT HEALTHCARE, DISTRICT; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of a lien claim. The lien claimant argued improper service of hearing notices, but the Board found their status as an unrepresented claimant allowed for direct service. Electronic records confirmed the lien claimant was in the Official Address Record at the time of service. The Board adopted the Administrative Law Judge's reasoning, emphasizing that the lien claimant provided no factual basis to rebut the service records.

WCABPetition for ReconsiderationDenying PetitionOrder Dismissing LienLien ClaimantUnrepresented Lien ClaimantNotice of RepresentationElectronic Adjudication Management SystemEAMSOfficial Address Record
References
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. LAO 0844240
Regular
Feb 08, 2008

JESUS L. RAMIREZ vs. GLABMAN FURNITURE, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES, CLARENDON NATIONAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an order vacating the dismissal of a lien claimant's lien. The Appeals Board dismissed the petition because reconsideration is only available for final orders, and the order in question was procedural. The Board also denied the defendant's request for removal, finding no prejudice or irreparable harm, and advised updating the lien claimant's address on the Official Address Record.

Workers' Compensation Appeals BoardLien ClaimantOfficial Address RecordPetition for ReconsiderationOrder Dismissing LienInterlocutory OrderSubstantive RightPetition for RemovalExtraordinary RemedyIrreparable Harm
References
Case No. ADJ7191043
Regular
Jan 28, 2013

LORETTA LAMB vs. CENTER POINT, INC.; EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board dismissed Basso Pharmacy's Petition for Reconsideration due to multiple procedural defects. The petition was unverified, failing to meet Labor Code section 5902 requirements, and lacked proof of service on the parties as mandated by regulations. Additionally, the petition was deemed "skeletal" for failing to provide specific legal basis or record references, violating California Code of Regulations section 10846. The Board noted that the lien claimant was properly on the Official Address Record and would have denied the petition on the merits.

Lien claimantPetition for reconsiderationDismissalUnverified petitionProof of serviceSkeletal petitionLabor Code section 5902California Code of Regulations title 8 section 10850WCJ ReportOfficial Address Record
References
Case No. ADJ6464792
Regular
Jun 07, 2013

MARIA DE NAVA vs. KELLERMEYER BUILDING SERVICES, GALLAGHER BASSETT SERVICES, INC.

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied defendant's Petition for Removal, affirming the Administrative Law Judge's (ALJ) decision. The ALJ vacated a Notice of Intention to Dismiss the lien of Frontline Medical Associates. This decision was based on the finding that Frontline did not receive proper notice of the lien conference at its official address of record, despite defendant's attempts to serve an earlier contact address. The Board adopted the ALJ's reasoning, emphasizing the importance of proper service and the policy favoring determination on the merits.

Petition for RemovalOrder DenyingWorkers' Compensation Appeals BoardWCJ ReportLien ConferenceNotice of Intention to DismissVacating OrderLien ClaimantService of ProcessOfficial Address Record
References
Case No. LBO 0367320
Regular
Mar 03, 2008

MARIA ESTRADA vs. SERVICE MASTER AT WHITE MEMORIAL HOSPITAL, ZURICH NORTH AMERICA

The Appeals Board granted reconsideration and rescinded an order dismissing a lien claim due to defective service on the lien claimant's representative. The representative was added to the official address record after the dismissal order was issued and not served. The lien claimant's petition for reconsideration was timely filed within 20 days of the representative's actual knowledge of the order. The case is returned to the trial level for further review and decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantService MasterZurich North AmericaSouth Lake Medical CenterPaul CohenCompromise and ReleaseWCJNotice of Intention to Dismiss
References
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