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

Case No. ADJ8869367
Regular
Nov 07, 2013

LUIS CENDEJAS vs. AMERICAN LABOR POOL, INC., OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that they made a valid offer of modified work, relieving them of temporary disability obligations. However, the Board affirmed the judge's finding that the work offers were not sufficiently clear, lacked specificity regarding physical appropriateness, and failed to convey the exact terms to the applicant. Consequently, the employer did not meet their burden of proving a valid offer of modified work was made.

Petition for ReconsiderationModified Work OfferTemporary DisabilityPhysical AppropriatenessDoctor's RestrictionsVocational RehabilitationSupplemental Job Displacement VoucherOffer ValidityCommunication of OfferEmployer's Burden of Proof
References
Case No. ADJ3964372 (MON 0247784) ADJ4081926 (MON 0247785)
Regular
Dec 07, 2018

ROBERT BAKER vs. CITY OF COMPTON

The Workers' Compensation Appeals Board dismissed applicant Robert Baker's Petition for Reconsideration because it was filed *in pro per* without proof of service on all adverse parties, including his own attorney. The petition also failed to meet the requirements of Appeals Board Rule 10856 by not providing a specific offer of proof for newly discovered evidence or fraud. Consequently, the Board found the petition defective on multiple grounds.

Petition for Reconsiderationin pro perJoint Order Approving C&RWCJAppeals Board Rule 10856newly discovered evidenceoffer of proofcumulative evidenceproof of serviceadverse parties
References
Case No. ADJ3909509
Regular
Apr 11, 2017

URSULA MILLS GRIFFIN vs. MARTIN LUTHER KING JR. HOSPITAL/COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) intends to vacate its prior order granting reconsideration and dismiss the lien claimant's petition. This is due to issues with notice for a lien conference and the lien claimant's failure to appear, as well as potential dismissal by operation of law for failure to pay a lien activation fee. The WCAB is providing the lien claimant an opportunity to submit proof that they attempted to pay the activation fee by the deadline.

WCABLien ClaimantPetition for ReconsiderationDismissalNotice of IntentionWCJLien ConferencePaperwork More CarsonNotice of RepresentationDeclaration of Readiness
References
Case No. ADJ859639
Regular
Jul 30, 2018

TERESA BONILLA vs. CHILDREN'S INSTITUTE, INC., UNITED STATES FIRE INSURANCE

In this workers' compensation case, the applicant sustained multiple injuries. The Appeals Board granted reconsideration to clarify the burden of proof for the Labor Code section 4658(d)(2) 15% permanent disability increase. The Board found that while the applicant has an initial burden to show no modified work offer was made, the employer bears the burden of proving they offered modified work or have fewer than 50 employees. Consequently, the case is returned to the trial level for further development of the record on these specific issues.

Labor Code section 4658(d)(2)Petition for Reconsiderationpermanent disability increaseburden of proofemployer employee countmodified work offeraffirmative defensevocational rehabilitationpermanent and stationary dateapportionment
References
Case No. ADJ8452616
Regular
Sep 11, 2012

GUILLERMO SANDOVAL DE LA CRUZ vs. DMS FACILITY SERVICES, ZURICH NORTH AMERICA

This case concerns a Petition for Reconsideration filed by a lien claimant, Tri-County Medical Group, challenging an arbitrator's disallowance of its liens. The Appeals Board dismissed the petition because it was not timely filed with the Board and was instead mailed to the arbitrator. Furthermore, the Board noted the petition lacked proper verification and the proof of service was defective. Even if timely, the Board would have denied the petition on its merits due to insufficient evidence presented by the lien claimant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDisallowed LiensMedical Provider Network (MPN)Arbitrator's FindingsTimely FilingJurisdictionRule 10865Proof of Service
References
Case No. Misc. No. 254
En Banc
Apr 20, 2012

Daniel Escamilla vs. John Shields

The petitions filed by Daniel Escamilla for an order to produce case documents and an objection to an order requiring an offer of proof were both denied by the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardPetition for Order Requiring Board to ProduceSanction ProceedingsLabor Code Section 4907Offer of ProofPetition for RemovalNotice of Hearing Regarding Suspension or Removal of PrivilegeWCJ OrderContinuing Sanctionable ConductRepeated Misconduct
References
Case No. ADJ2579792
Regular
Oct 06, 2008

MARIA PEREZ vs. GUJMARRA VINEYARDS, THE TRAVELERS

The Workers' Compensation Appeals Board dismissed True MRI Medical Centers' Petition for Reconsideration because the lien claimant was not an aggrieved party, as no final order concerning their lien had been issued. The petition also failed to meet statutory requirements for alleging newly discovered evidence, lacking specific references to the record and a proper offer of proof. Consequently, the Board found the petition procedurally deficient and dismissed it accordingly.

Lien ClaimantPetition for ReconsiderationAggrieved PartyWorkers' Compensation Appeals BoardWCJNewly Discovered EvidenceOffer of ProofLabor CodeBoard RuleDismissal
References
Case No. ADJ9903173
Regular
Nov 10, 2016

MARCIA MALINE vs. VAL VERDE UNIFIED SCHOOL DISTRICT, KEENAN AND ASSOCIATES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a prior order denying her claim based on the statute of limitations. The Board found that the applicant's proffered new evidence was improperly submitted without an offer of proof, failing to meet the requirements of Labor Code section 5903(d). Consequently, the applicant's petition was denied for the reasons stated in the prior order and for this procedural deficiency.

WCABPetition for ReconsiderationStatute of LimitationsLabor Code 5405Labor Code 5412Credibility DeterminationsWCJFindings and OrderCumulative Trauma InjuryNewly Discovered Evidence
References
Case No. Misc. No. 254
Regular
Apr 20, 2012

Daniel Escamilla vs. Workers' Compensation Appeals Board

The Workers' Compensation Appeals Board (WCAB) denied Daniel Escamilla's petitions seeking production of eleven sanction case files and clarification of issues. The WCAB found Mr. Escamilla already possessed or had access to the relevant documents and had adequate notice of the issues concerning his alleged misconduct. His objections to providing an offer of proof were deemed untimely and without merit. Consequently, the Board affirmed the existing procedures and denied his requests.

WCABDaniel Escamillasanction proceedingsoffer of proofpetition for removalLabor Code Section 4907suspensionremoval of privilegerepresentativemoral character
References
Case No. ADJ9163144
Regular
May 11, 2015

JOEL CULBERTSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

This case concerns the County of Los Angeles's petition for reconsideration of a workers' compensation judge's order awarding applicant's attorney fees under Labor Code section 5710. The County argued it was denied due process by not being allowed to call witnesses at a hearing and that the awarded hourly rate was unreasonable. The Workers' Compensation Appeals Board denied reconsideration, finding the County's petition lacked specificity and that the County had an opportunity to be heard at a Mandatory Settlement Conference and failed to request a trial or make an offer of proof. The Board concluded the awarded fee was justified based on reasonable rates for similarly experienced counsel.

Labor Code section 5710Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judgeattorney's feehourly ratedue processMandatory Settlement Conferenceoffer of proofskeletal petition
References
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