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

Case No. ADJ15751788
Regular
Jul 18, 2025

OLGA BENITEZ vs. MISSION FOODS, ARCH INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board issued an order on July 18, 2025, to rectify a clerical error in a prior decision dated May 29, 2025, concerning case number ADJ15751788. The error involved the omission of the case number from the caption of the earlier Opinion and Order Granting Petition For Reconsideration and Decision After Reconsideration. The Board clarified that this correction was made without the need for granting reconsideration, citing that such errors can be corrected at any time. Additionally, an earlier Petition for Removal, related to the same parties, was dismissed on May 29, 2025, subsequent to its withdrawal by the petitioner.

Workers' Compensation Appeals BoardClerical ErrorOpinion and OrderCase NumberPetition for ReconsiderationPetition for RemovalAdjudication NumberGallagher Bassett ServicesArch Indemnity InsuranceMission Foods
References
Case No. ADJ8251119
Regular
Jan 27, 2014

ROSALBA BENITEZ vs. HACIENDA INN & SUITES, PREFERRED EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Rosalba Benitez's petition for reconsideration of a prior ruling. The Board affirmed the Administrative Law Judge's finding that Benitez did not sustain an industrial injury to her back, shoulders, or other body parts on October 26, 2011. The Board found the applicant's credibility to be questionable, citing inconsistent testimony regarding a fall and subsequent events. Therefore, Benitez failed to prove her injury arose out of and in the course of employment or that exceptions to the post-termination claim bar applied.

AOE/COELabor Code section 3600(a)(10)post-termination claimnotice of injurycredibility determinationwitness testimonymedical recordsdate of injuryindustrial injuryWCJ decision
References
Case No. ADJ6495975 ADJ6496126
Regular
Jan 21, 2011

OLGA MADRIGAL vs. VELORIA FARM LABOR CONTRACTING

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision filed by Care West Claims Management. However, the WCAB granted reconsideration of the petition filed by Redwood Fire & Casualty Insurance Company. The WCAB affirmed the original decision, but amended Finding of Fact No. 12 to explicitly state the applicant requires further medical treatment, including right shoulder surgery. Additionally, a new order was added to remove the issue of future medical treatment in a related case from the calendar.

Olga MadrigalVeloria Farm Labor ContractingADJ6495975Bakersfield District OfficeOpinion and Order Denying and Granting ReconsiderationDecision After ReconsiderationCare West Claims ManagementRedwood Fire & Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesNovember 16
References
Case No. ADJ8110627
Regular
Oct 17, 2014

OLGA REDE vs. ALISAL UNION SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision because the applicant's attorney notified them of a pending settlement. Consequently, the WCAB rescinded the August 21, 2014 decision. The case is now returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge, who will consider the settlement. If the settlement is not approved, the original decision may be reinstated.

Workers Compensation Appeals BoardOlga RedeAlisal Union School DistrictKeenan & AssociatesADJ8110627Opinion and Order Granting ReconsiderationDecision After ReconsiderationPending SettlementRescind DecisionReturn to Trial Level
References
Case No. ADJ11193200
Regular
Oct 15, 2019

OLGA AZUA vs. DIGNITY HEALTH dba METHODIST HOSPITAL OF SACRAMENTO

The Appeals Board dismissed the applicant's petition for reconsideration because it was premature. The applicant sought to set aside a Compromise and Release agreement based on a claimed mutual mistake of fact, but no evidence was presented to support this claim. The Board remanded the matter to the WCJ to hold a hearing on the petition to set aside the agreement, as the current record lacks the necessary admitted evidence. This process will allow for the creation of a record upon which a decision can be made regarding the validity of the settlement.

Workers Compensation Appeals BoardOlga AzuaDignity HealthMethodist Hospital of SacramentoSEDGWICK CMSCompromise and ReleasePetition for ReconsiderationSet Aside Compromise and ReleaseMutual Mistake of FactWCJ
References
Case No. ADJ1643754 (MON 0361449) ADJ3700904 (MON 0361450)
Regular
Jan 11, 2011

OLGA APPONI vs. BOSCH REXWORTH CORPORATION, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, specifically concerning evidence admissibility. The Board intends to exclude a report from Dr. McGilvra, finding it was not timely disclosed or in existence before the mandatory settlement conference. Conversely, the Board intends to admit reports from Dr. Mays, applicant's treating physician, despite a technical issue with disclosure. This evidentiary ruling will impact the determination of the applicant's claimed specific injury on November 8, 2007, and her cumulative injury claim.

Workers' Compensation Appeals BoardOlga ApponiBosch Rexworth CorporationSt. Paul Travelers InsuranceSupplemental Findings and Orderspecific injurycumulative injuryPetition for ReconsiderationReport on ReconsiderationLabor Code section 5502(e)(3)
References
Case No. ADJ10455970
Regular
Jul 15, 2019

CRESENCIO BENITEZ (Deceased); BEATRIZ GAONA (Widow) vs. AZITEX TRADING; EMPLOYERS COMPENSATION

Applicant sought death benefits for her husband's fatal pneumonia, alleging it resulted from cumulative industrial exposure. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the trial judge's finding that the decedent did not sustain industrial injury. This denial was based on the exclusion of applicant's medical evidence and adherence to the trial judge's report. One commissioner dissented, arguing the record was underdeveloped and further investigation into the decedent's workplace exposures was necessary for substantial justice.

Workers' Compensation Appeals BoardBeatriz GaonaCresencio BenitezAzitex TradingEmployers CompensationADJ10455970Petition for ReconsiderationFindings and OrderMachine OperatorCumulative Injury
References
Case No. ADJ7847633
Regular
Jul 25, 2013

OLGA CANNADY vs. NORDSTROMS

The Workers' Compensation Appeals Board dismissed Olga Cannady's petition for reconsideration against Nordstroms. The dismissal was based on the petition being untimely filed, exceeding the 25-day statutory deadline after the original decision date. Even if timely, the Board would have denied the petition on its merits, adopting the administrative law judge's findings, particularly regarding credibility. The Board emphasized that timely filing is jurisdictional and they lack the power to grant untimely petitions.

Petition for ReconsiderationUntimelyDismissalLabor Code section 5903Code of Civil Procedure section 1013Deemed filedJurisdictionalMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v. Workers' Comp. Appeals Bd.
References
Case No. ADJ9762825
Regular
Feb 29, 2016

MARIA OLGA BARAJAS vs. BARRETT BUSINESS SERVICES, CORVEL

This case involves Maria Olga Barajas's workers' compensation claim against Barrett Business Services and Corvel. The applicant was injured on July 20, 2014, and her attempts to change her treating physician within the employer's Medical Provider Network (MPN) were unsuccessful. The Workers' Compensation Appeals Board denied the defendants' Petition for Reconsideration, upholding the original award. This award allowed the applicant to seek treatment outside the MPN at the defendants' expense due to the failure to facilitate a timely change of physician.

Medical Provider NetworkMPNPetition for ReconsiderationFindings and Awardremovalchange of treating physicianinterim orderLabor Code § 4616.3(b)Title 8Regulations
References
Case No. ADJ7505198
Regular
Jan 16, 2015

OLGA ORDONEZ vs. NORWALK SKILLED NRS WELLNESS CENTER, ULLICO CASUALTY COMPANY

The Workers' Compensation Appeals Board dismissed Olga Ordonez's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. Even if it had been properly verified, the Board would have denied the petition on its merits, adopting the administrative law judge's reasoning. The dismissal was based on the procedural defect of a lack of verification.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWorkers' Compensation Appeals BoardWCJDeny on the meritsADJ7505198Van Nuys District Office
References
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