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

Case No. ADJ8019992 ADJ9131164 ADJ8511171 ADJ8020023 ADJ8508745 ADJ8019998 ADJ8020051 ADJ8729779
Regular
Dec 05, 2018

SHUN WAH CHAN vs. LY BROTHERS CORPORATION DBA SUGAR BOWL BAKERY

This Workers' Compensation Appeals Board (WCAB) case involves a petition for reconsideration filed by applicant Shun Wah Chan. The WCAB dismissed the petition as untimely because it was filed over a year after the original decision, far exceeding the 25-day jurisdictional deadline. The Board emphasized that a petition for reconsideration must be *received* by the WCAB within the statutory period, not just mailed. Therefore, the Board lacked authority to consider the merits of the untimely petition.

Petition for ReconsiderationUntimelyDismissedWCABWCJLab. CodeCal. Code Regs.jurisdictionalproof of mailingOctober 5
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ10306129
Regular
Dec 22, 2016

MICHAEL LAMBERT vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY REGION IV, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board dismissed the petition for reconsideration filed by the State of California, Department of Forestry Region IV and State Compensation Insurance Fund. The Board found the petition was untimely as it was filed on October 24, 2016, three days after the jurisdictional deadline of October 21, 2016. This deadline was calculated based on the service of the original decision by mail on September 26, 2016. The Board reiterated that filing by mail is insufficient; the petition must be received by the Board within the statutory timeframe.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimelydismissalservice by mailjurisdictionalOpinion and Order Granting Petition for ReconsiderationDecision After Reconsiderationuntimely filingOctober 21
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ6671447; ADJ8041770 ADJ8041771; ADJ7407900
Regular
Jan 11, 2012

DARREN CORNWELL vs. HEARTLAND FARMS/SANTEE DAIRIES, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board has dismissed Darren Cornwell's petition for reconsideration of a decision dated October 26, 2011. The petitioner, Darren Cornwell, withdrew the petition prior to the Board's order. Consequently, the Board formally dismissed the petition as requested.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardHeartland FarmsSantee DairiesSpecialty Risk ServicesADJ6671447ADJ8041770ADJ8041771
References
Case No. ADJ3930176 (SAL 0055870) ADJ2088536 (SAL 0051507) ADJ3232425 (SAL 0115935) ADJ1470435 (SAL 0061859) ADJ3408192 (SAL 0059277) ADJ4554530 (SAL 0068730) ADJ3800243 (SAL 0064436)
Regular
Dec 10, 2018

RON GALUPPO vs. PEBBLE BEACH COMMUNITY SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Reconsideration filed by applicant Ron Galuppo. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB clarified that reconsideration petitions must be *received* by the Board within the statutory period, not merely mailed. Because Galuppo's petition was filed one day after the deadline, it was jurisdictional and therefore dismissed.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ ReportLabor CodeCalifornia Code of RegulationsJurisdictional Time LimitFindings and OrderOctober 8 2018October 9 2018
References
Case No. ADJ10937376
Regular
Jun 17, 2019

FRANCISCA RODRIGUEZ vs. RUBIO’S RESTAURANTS, LIBERTY MUTUAL

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's award of temporary disability indemnity. The Board found that defendant offered applicant modified work within her restrictions on October 13, 2017, and applicant acknowledged receiving this offer but did not respond. Given applicant's resignation and the unanswered offer of modified work, the Board determined she was not entitled to temporary disability from October 11, 2018, and continuing.

Temporary disability indemnityPetition for ReconsiderationFindings of Fact and Awardmodified workindustrial injuryneck injurythoracic spine injuryright shoulder injuryright elbow injurywrist injury
References
Case No. B167017
Significant
Nov 18, 2004

General Casualty Insurance and Regent Insurance, Joseph A. Lane, American Home Assurance Company vs. Workers' Compensation Appeals Board and California Insurance Guarantee Association

The court has requested responses from the Workers' Compensation Insurance Rating Bureau (WCIRB) and the California Insurance Commissioner regarding the exclusion of special employees from a special employer's workers' compensation policy, specifically questioning the use and requirements of Form No. 11 for this purpose.

WCIRBForm No. 11limiting endorsementsrestricting endorsementsspecial employeesgeneral employerstemporary employeesleased employeesInsurance CommissionerCalifornia Code of Regulations
References
Case No. ADJ7131007
Regular
Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal
References
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