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

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. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
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. ADJ11094232
Regular
May 21, 2019

HERIBERTO FUERTE ALVAREZ vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The amended decision affirmed the prior ruling but modified the temporary disability indemnity award. Specifically, it now includes an award for temporary disability indemnity beginning October 3, 2017, continuing thereafter, with a 15% reduction for retroactive temporary disability payable to the applicant's attorneys. This amendment is subject to Labor Code Section 4656.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportDecision After ReconsiderationTemporary disability indemnitystatutory rateOctober 32017Law Offices of Torkan and FarzanpourLabor Code Section 4656
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. 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. ADJ17817958; ADJ17817957
Regular
Oct 13, 2025

STEPHANIE TOVAR vs. UNITED PACIFIC, EVEREST PREMIER INSURANCE CO.

This case involves a petition for removal filed by the defendant against an order taking the matter off calendar. The defendant contended that the issue of its affirmative defense under Labor Code section 3208.3(d) should be bifurcated and proceed to trial. The Workers' Compensation Appeals Board (WCAB) granted the petition for removal, but not for the reasons argued by the defendant regarding bifurcation. Instead, the WCAB granted removal solely to address the issue of sanctions, finding that the defendant's petition was frivolous and potentially filed in bad faith due to fabricated citations and misrepresentations of legal precedents. The WCAB issued a Notice of Intention to impose sanctions of up to $2,500.00 jointly and severally against the defendant parties and their attorneys.

RemovalSanctionsLabor Code section 3208.3(d)Frivolous FilingBad Faith ActionsWCJ DiscretionBifurcationPrejudiceIrreparable HarmReconsideration
References
Case No. ADJ4205101
Regular
Jul 23, 2013

SUSAN HECHT vs. WARNER BROTHERS, INC.

This case involved an applicant claiming an industrial injury to her psyche, digestive system, and head, stemming from a change in overtime policy. The defendant argued the psychological injury was non-compensable under Labor Code sections 3208.3(b)(2) and 3208.3(h), as it arose from a good faith personnel action. However, the Board affirmed the WCJ's award, adopting the WCJ's report which found the injury compensable despite the personnel action. The Board also ordered the matter returned to the WCJ to determine the reasonable value of medical treatment provided by lien claimants.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPsycheDigestive SystemHeadSleep DisorderTemporary DisabilityEmployment Development DepartmentLien Claimants
References
Case No. ADJ7560161
Regular
Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability
References
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