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

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. 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. 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. ADJ8301842
Regular
Dec 24, 2013

MAUREEN WHITE vs. RIM CORPORATION, RIM HOSPITALITY, LLC, ZURICH NORTH AMERICA

The applicant's Petition for Reconsideration of the October 17, 2013, decision has been withdrawn by the petitioner. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. The case is now returned to the administrative law judge to proceed with the parties' submitted stipulations.

Petition for ReconsiderationDismissedWithdrawnStipulationsWorkers' Compensation Appeals BoardAdministrative Law JudgeZurich North AmericaRim CorporationRim HospitalitySheraton Universal Hotel
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. 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. ADJ7623043
Regular
May 20, 2019

LUCAS CASIAS vs. KF HOWELL ELECTRIC, INC., IMPERIUM INSURANCE

The Appeals Board affirmed the finding of 83% permanent disability, agreeing that the WCJ correctly applied the principle of "synergistic effect" to combine multiple impairments, citing substantial medical opinions. However, the Board remanded the issue of temporary disability benefits, finding the WCJ's reasoning and specific findings on temporary total disability were unclear and inconclusive. The matter is returned to the WCJ for further proceedings and a new determination on temporary disability, specifically addressing the disputed period of July 19, 2010, through October 24, 2010. The WCJ's previous findings regarding an award of temporary disability indemnity for the entire period of March 24, 2010, through March 24, 2015, are rescinded pending this redetermination.

Temporary Total DisabilityPermanent Disability RatingCombined Values ChartSynergistic EffectAgreed Medical EvaluatorPanel Qualified Medical EvaluatorMedical OpinionSubstantial EvidenceLabor Code Section 4656Burn Exception
References
Case No. ADJ2738569 (LAO 0759524) ADJ553488 (LAO 0759510)
Regular
Oct 29, 2010

CONNIE ALVIZO vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Permissibly Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the applicant's entitlement to 24/7 home health care. The Board adopted the WCJ's report and emphasized that the defendant failed to submit the primary treating physician's request for this care to mandatory utilization review. Citing *Sandhagen*, the Board affirmed that Labor Code § 4610 utilization review is the sole mechanism to challenge medical treatment requests. Therefore, the defendant's failure to follow this process bars their current challenge to the 24/7 home health care.

Workers' Compensation Appeals BoardConnie AlvizoDepartment of Industrial RelationsPermissibly UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and Orderhome health care24 hour/7 days per weeksenior legal stenographer
References
Case No. ADJ4490816
Regular
Oct 24, 2008

GUADALUPE DELA MORA vs. WAL-MART ASSOCIATES, INC, AMERICAN HOME INSURANCE

This Workers' Compensation Appeals Board order grants the defendant's petition for reconsideration of an August 8, 2008 decision. The Board requires further review of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this case should be directed to the Board's Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationWal-Mart AssociatesAmerican Home InsuranceGuadalupe Dela MoraADJ4490816VNO 0511659August 8 2008October 24 2008Statutory time constraints
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
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