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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. 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
Case No. ADJ8743098
Regular
Feb 07, 2017

REGULO HERNANDEZ AGUILAR vs. PRIMA PIZZA d/b/a DOMINOS PIZZA, HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to overturn an order compelling the deposition of their claims adjuster, arguing it was intended to harass. However, the WCAB found the order was an interlocutory procedural decision, not a final order subject to reconsideration. Furthermore, the defendant failed to demonstrate the extraordinary circumstances required for removal.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ Orderdepositionclaims adjusterPetition to QuashPetition to Compelfinal orderinterlocutory order
References
Case No. ADJ3882107
Regular
Oct 04, 2012

PETER ARCARESE vs. LAW OFFICES OF MANUEL H. MILLER, STATE FARM CALIFORNIA, WC CLAIMS

The Workers' Compensation Appeals Board dismissed Peter Arcarese's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The petition was also dismissed as consecutive, attempting to relitigate issues previously addressed after a prior dismissal. Furthermore, the request for removal was denied as Arcarese failed to demonstrate substantial prejudice or irreparable harm. Consequently, the Board dismissed the petition for reconsideration and denied removal.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderDismissed PetitionPetition for RemovalSubstantial PrejudiceIrreparable HarmInadequate RemedyWrit of Review
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ8183477
Regular
Jan 14, 2016

DOLORES MOSELEY vs. NOIA RESIDENTIAL SERVICES, INC., ICW GROUP/INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Dolores Moseley's petition for reconsideration. The petition was untimely as it sought reconsideration of an award made over a year prior to filing. Furthermore, the petition was unverified and lacked specificity regarding the issues and legal arguments. Finally, the orders Moseley sought to reconsider were either vacated or deemed non-final procedural decisions, rendering the petition moot.

Labor Code Section 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Dismissing PetitionOrder Vacating Trial DateStipulations with Request for AwardTimelinessJurisdictionalVerification
References
Case No. ADJ4599548 (MON 0212034)
Regular
Mar 25, 2014

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT FOOD SERVICES, AMERICAN INTERNATIONAL GROUP, INC., BROADSPIRE

This case involves applicant Kristian Von Ritzhoff's petition for reconsideration of a prior Board decision. The Board had previously modified an administrative law judge's order, shifting the responsibility for paying a sanction and costs from the defendant to the applicant. The applicant's current petition sought reconsideration of this modified order, but the Board found it was a successive petition without a new grievance. Because the applicant was not "aggrieved" by the modification to the payment method and had not been granted relief previously sought, the Board dismissed the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing PetitionOpinion and OrderGranting ReconsiderationDecision After ReconsiderationFindings Award and OrderWorkers' compensation administrative law judgeSanction and costsLabor Code section 5900
References
Case No. ADJ2380068 (AHM 0102888) ADJ4704159 (AHM 0120563) ADJ2217428 (AHM 0106492)
Regular
Mar 09, 2011

ROSALIE SEE vs. REMAX REAL ESTATE, BENEFICIAL SERVICES; HIGHLAND INSURANCE COMPANY GLENDALE

This case involves applicant Rosalie See's second petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the petition because it was a successive filing and the previous petition had already been denied. Additionally, the WCAB found the underlying order compelling medical evaluation was interlocutory, not a final decision, and therefore not subject to reconsideration. Applicant must now pursue a writ of review if they wish to challenge the Board's ruling.

ReconsiderationDismissalPetitionWCJ OrderMedical EvaluationInterlocutory OrderFinal OrderSubstantive RightsSuccessive PetitionWrit of Review
References
Case No. ADJ987728 (GOL 0100705) ADJ361855 (GOL 0100706)
Regular
Sep 22, 2009

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; permissibly self-insured, administered by KEENAN \u0026 ASSOCIATES

This case concerns a defendant's attempt to appeal a non-final order that took the matter off calendar for further medical record development. The Appeals Board vacated its prior order granting reconsideration, deeming it improvidently granted as the original order was not a final decision. The Board also denied the defendant's petition for removal, finding no irreparable harm or significant prejudice. This action effectively dismissed the defendant's procedural challenges to the WCJ's management of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalVacating OrderDismissing PetitionDenying PetitionAgreed Medical EvaluatorFurther DiscoveryAlmarazOgilvie
References
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