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

Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ2663736 (SFO 0480309), ADJ2844751 (SFO 0480630)
Regular
Jan 05, 2012

VILMA TENTNOWSKI vs. PEROTTI & CARRADE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior order granting reconsideration because the defendant's petition was not taken from a final order. Therefore, the Board dismissed the petition for reconsideration and denied it as a petition for removal. A dissenting commissioner argued that reconsideration should not have been granted but believed the WCJ's original finding of 95% permanent disability was correct. The dissenter advocated for reinstating the original award based on existing medical evidence.

Workers' Compensation Appeals BoardPerotti & CarradeState Compensation Insurance FundPetition for ReconsiderationPetition for RemovalImprovidently GrantedFinal OrderMedical Record DevelopmentPermanent DisabilityPsychiatric Disability
References
3
Case No. ADJ8162345, ADJ7959552
Regular
Oct 07, 2014

MARIA CHAVEZ MARTINEZ vs. RESTAURANT LEADERSHIP GROUP, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

Lien claimants' petitions challenging a WCJ's order denying their ex parte petition and ordering depositions were dismissed. The Board found the initial petition for reconsideration untimely, as it was filed 21 days after personal service, and the order was not a final one. The second petition for removal was denied as the lien claimants failed to demonstrate significant prejudice or irreparable harm, and the WCJ's reasoning was sound.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationPetition for RemovalUntimely PetitionFinal OrderEx Parte PetitionWCJ OrderDiscovery BurdenJurisdictional Time Limit
References
6
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ1524475 (RIV 0046648) ADJ4641802 (RIV 0046649
Regular
Mar 01, 2019

BONNIE L. BENTLEY vs. SORA MANAGEMENT, INC., CALIFORNIA INSURANCE GUARANTEE ASSOC. for Legion Insurance, In Liquidation

This case involves a Petition for Reconsideration and a Petition for Removal challenging a WCJ's order vacating submission and allowing further development of the record. The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was an interlocutory procedural decision, not a final determination of substantive rights or liabilities. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be inadequate. Therefore, both the petition for reconsideration and the petition for removal were dismissed and denied, respectively.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderVacating SubmissionFurther Development of RecordSubstantial PrejudiceIrreparable HarmExtraordinary RemedyWCJ Report
References
6
Case No. ADJ3183513 (SJO 0248396)
Regular
Mar 21, 2012

PAULO MUNOZ vs. BARRACOS CONSTRUCTION, VIRGINIA SURETY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration because the underlying order, which denied reassignment of the judge, was not a final order subject to reconsideration under Labor Code section 5900. The WCAB dismissed the petition for reconsideration as procedurally improper. Treating the joint petition as a request for removal under Labor Code section 5310, the WCAB denied the parties' request to reassign the case to the previous trial judge, citing the pending disciplinary matter and the lack of demonstrated prejudice.

Workers' Compensation Appeals Boardpetition for reconsiderationpetition for removalLabor Code section 5310Labor Code section 5900final orderinterim ordersprocedural ordervocational judgejoint petition
References
5
Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)
Regular
Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue
References
7
Case No. ADJ11616593 ADJ11616594 ADJ11616595 ADJ11616596
Regular
Nov 06, 2019

MARIA RODRIGUEZ vs. VALLARTA SUPERMARKETS, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a petition for reconsideration and removal from an applicant following an administrative law judge's order. The Workers' Compensation Appeals Board dismissed the reconsideration petition, deeming the ALJ's order interlocutory and not a "final" determination of substantive rights. The Board also denied the removal petition, finding no showing of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. Ultimately, the petition for reconsideration was dismissed and the petition for removal was denied.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueSubstantial PrejudiceIrreparable HarmWCJ DecisionReplacement Panel QME
References
6
Case No. ADJ6887918
Regular
May 24, 2010

GREGORY KISTLER (Deceased) MEREDITH KISTLER vs. KODIAK UNION ROOFING, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought reconsideration of an order denying a change of venue from San Francisco to Sacramento due to witness convenience. The WCAB found the order denying the venue change was not a final order and thus not subject to reconsideration. Furthermore, the WCAB adopted the PWCJ's reasoning to deny removal, finding no substantial prejudice or irreparable injury to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenuePresiding Workers' Compensation Administrative Law JudgeFinal OrderInterlocutory OrderSubstantive RightsIrreparable InjurySubstantial Prejudice
References
4
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