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

Case No. ADJ11098848
Regular
Nov 02, 2019

WENYUAN FAN vs. YAYA LOVE, INC., dba OH BABY SUSHI, TECHNOLOGY INSURANCE COMPANY, AMTRUST, INC.

This case involves a dispute over a $10,000 penalty awarded for an employer's unreasonable delay in paying temporary disability benefits. The employer sought reconsideration, arguing no penalty petition was filed and the WCJ exceeded authority by holding an expedited hearing solely on the penalty. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. This action was taken due to an absence of evidence supporting the penalty, particularly regarding the timing of the employer's knowledge of the underpayment and their reasonableness.

Wenyuan FanYaya LoveInc.Oh Baby SushiTechnology Insurance CompanyAmtrustInc.ADJ11098848San Jose District OfficePetition for Reconsideration
References
Case No. ADJ9518031
Regular
Oct 16, 2014

MARIA LUISA GARCIA vs. GABRIEL STEFFENS AND KATHERINE E. BELL, STATE FARM INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted defendant's Petition for Removal to address the dismissal of their Petition to Quash a subpoena duces tecum (SDT). The defendant argued the SDT was improperly served only on the defendant, not their counsel, despite notice of representation being filed. The Board agreed that failure to serve counsel renders an SDT void ab initio. Consequently, the Appeals Board rescinded the WCJ's dismissal order and returned the matter to the trial level for a merits determination of the Petition to Quash.

Petition for RemovalPetition to QuashSubpoena Duces TecumService of ProcessVoid ab initioMootnessIndustrial InjuryRight Upper ExtremityPsycheBaby Sitter
References
Case No. ADJ852225
Regular
Jan 29, 2016

ROSA JIMENEZ FLORES vs. BERKELEY BOWL PRODUCE, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order dismissing Rosa Jimenez Flores' case. The dismissal occurred because she failed to appear for a trial hearing. However, it appears she was not properly served with the dismissal order, as indicated by a returned mail notice. Therefore, the Board found her petition for reconsideration to be timely and returned the case to the trial level for further proceedings to ensure due process.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissIndustrial InjuryBack InjuryAbdomen InjurySushi MakerCook AssistantDenial of Due Process
References
Case No. ADJ11092342
Regular
Sep 16, 2019

TAMARA SPIVA vs. THE BABY CONNECTION, MID-CENTURY INSURANCE COMPANY

This case involves an applicant seeking reconsideration of a denial of additional temporary disability indemnity. The Workers' Compensation Appeals Board granted reconsideration, finding the administrative law judge applied the incorrect legal standard regarding temporary partial disability. The Board determined the focus should be on whether the applicant's conduct actually disqualified them from employment, not the employer's belief or investigation. The matter is returned for the judge to determine if the applicant engaged in misconduct leading to a justified termination, and to reassess temporary total disability entitlement regardless of the termination reason.

Temporary disability indemnityPetition for ReconsiderationFindings and OrderSonogram techCumulative injuryRight shoulderTemporary total disabilityModified dutyTermination for causeCompeting business
References
Case No. ADJ9888698 ADJ9888716
Regular
Jun 19, 2017

YI HE vs. MANDARIN CHINESE FOOD AND SUSHI, AMTRUST SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration and affirmed an order reinstating a Compromise and Release settlement. The defendant sought to deduct additional permanent disability advances beyond what was initially approved, claiming a mutual mistake. However, the Board found the discrepancy to be a unilateral mistake by the defendant, who drafted the agreement and failed to prove applicant's knowledge or exploitation of the error. Consequently, the Board ordered the reinstatement of the original settlement, amended only to correct a clerical omission of a case number.

Permanent Disability AdvancesCompromise and ReleaseUnilateral MistakeReconsiderationWorkers' Compensation Appeals BoardRescission of ContractEquitable CreditUnjust EnrichmentOrder Approving Compromise and ReleasePetition for Reconsideration
References
Case No. ADJ7504787
Regular
Jun 17, 2013

DORIEL RAMOS vs. HIBACHI SUSHI \& GRILL, FIRST COMP LTD.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claim. The lien claimant had paid the lien activation fee by check prior to the conference, but the check had not yet cleared, and the WCJ dismissed the lien. The Appeals Board found that payment was tendered before the conference and proof was presented, and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationOrder Dismissing LienLien conferenceLabor Code section 4903.06Proof of paymentDismissal with prejudiceEAMSDue process
References
Case No. ADJ8290334
Regular
May 23, 2016

MARTHA GALVEZ vs. HEY BABY OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the lien claimant's petition for removal, rescinding a WCJ's order that continued a lien trial to obtain documents from the anti-fraud unit regarding a potential Labor Code section 4615 stay. The Board found that with the Department of Industrial Relations now publishing relevant documents online, discovery should be reopened for the parties to review these materials. This action aims to resolve the section 4615 issue efficiently and obviate the need for the WCJ's direct involvement with the anti-fraud unit. If a dispute persists after reviewing the online documents, parties can seek a new hearing.

Workers' Compensation Appeals BoardPetition for RemovalAnti-Fraud UnitLabor Code Section 4615Due ProcessWCJDepartment of Industrial RelationsLien ClaimantStay of LienIndicted Provider
References
Case No. ADJ11399627
Regular
Nov 25, 2019

ISAI CHILEL vs. KISHO, INC. dba SUSHI CALIFORNIA, EMPLOYERS ASSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a finding that the applicant sustained a work-related injury and that it was not barred by the post-termination defense. The Board found that the defendant failed to meet its burden of proof to establish termination or layoff under Labor Code section 3600(a)(10). Evidence regarding the applicant's departure from employment was ambiguous, not clearly establishing a termination rather than a voluntary resignation.

Workers' Compensation Appeals BoardLabor Code Section 3600(a)(10)post-termination defensepetition for reconsiderationfindings and orderapplicantdefendantinjuryleft handsubstantial medical evidence
References
Case No. ADJ8314506
Regular
May 05, 2015

OH SOON YU vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal and rescinded the prior order denying dismissal. The Board found the applicant's attorney had failed to demonstrate contact with the applicant or compliance with discovery orders for two years. The case is returned to the trial level for a Notice of Intention to Dismiss, unless the applicant clearly indicates intent to proceed. Failure to show good cause will result in dismissal.

Petition for RemovalOrder Denying Petition for Dismissallack of prosecutionApplication for Adjudication of Claimin home support service workerindustrial injurydenieddiscovery ordersNotice of Intention to Dismiss Applicationlien claimant
References
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