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

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 Consequently, the WCAB rescinded the August 21, 2014 decision.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
0
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
4
Case No. MISSING
Regular Panel Decision

In Re Olga Coal Co.

The Chapter 11 Successor Trustee of Olga Coal Company objected to the priority status of claims filed by the State of West Virginia Workers’ Compensation Division, which sought administrative or tax priority for post-petition payments related to pre-petition workers' compensation injuries. The court denied administrative priority, ruling that the claims arose pre-petition from the date of injury. However, the court found the State’s reimbursement obligation met the criteria for an excise tax under federal and state law, distinguishing it from private surety claims. Consequently, tax priority was granted, but only for claims related to injuries that occurred within the three years immediately preceding the bankruptcy petition date, with the remainder treated as general, non-priority unsecured claims.

BankruptcyWorkers' CompensationClaim PriorityAdministrative PriorityExcise TaxPre-petition ClaimsGovernmental ClaimsSurety BondsWest Virginia LawChapter 11
References
30
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
2
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
2
Case No. ADJ7467262
Regular
Mar 15, 2018

OLGA ACOSTA vs. MOTEL 6, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits to Olga Acosta. The Board found the medical evidence supporting the award, particularly Dr. Chen's opinion on the applicant's left ankle injury and resulting permanent total disability, insufficient. Specifically, the Board noted the absence of stress X-rays needed to support the AMA Guides rating for ligamentous instability and a lack of documentation for the pre-existing conditions contributing to total disability. Therefore, the matter was returned to the trial level for further development of the medical record.

Subsequent Injuries Benefits Trust FundSIBTFpermanent total disabilityopposite and corresponding memberlabor disablingsubstantial medical evidenceAMA Guidesstress x-rayCompromise and Release AgreementAgreed Medical Examiner
References
2
Case No. 2019 NY Slip Op 08397 [177 AD3d 864]
Regular Panel Decision
Nov 20, 2019

Landaverde v. Lin-Ann Enters., Inc.

Plaintiff Olga D. Landaverde suffered injuries after slipping on ice on property owned by defendant Lin-Ann Enterprises, Inc. Having received Workers' Compensation benefits, she initiated a personal injury action against the defendant. Lin-Ann Enterprises, Inc. sought summary judgment, asserting it was an alter ego of Landaverde's employer, Logan Bus Co., Inc., and thus immune under Workers' Compensation Law. The Supreme Court denied this motion, a decision affirmed by the Appellate Division, Second Department. The appellate court found the defendant failed to demonstrate prima facie evidence of an alter ego relationship, specifically lacking proof that the entities operated as a single integrated unit or that one controlled the other's daily operations.

Slip and FallPremises LiabilityWorkers' Compensation ExclusivityAlter Ego DoctrineSummary JudgmentAppellate DivisionPersonal Injury DamagesCorporate VeilIntegrated EntityDay-to-day Operations Control
References
6
Case No. ADJ19747880
Regular
Oct 27, 2025

OLGA MAGANA vs. PARTNERS PERSONNEL MANAGEMENT SERVICES, LIBERTY MUTUAL INSURANCE COMPANY

Applicant Olga Magana filed a Petition for Reconsideration challenging a Findings and Order from August 4, 2025, which determined her average weekly wage to be $445.03 using Labor Code section 4453(c)(4). She argued that section 4453(c)(1) should apply, yielding $640.00 weekly. The Appeals Board denied the petition, affirming the WCJ's decision that due to the temporary nature of Magana's employment and her inconsistent work history, section 4453(c)(4) more fairly represented her earning capacity, considering all surrounding circumstances rather than just her hours at the time of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAverage Weekly WageLabor Code Section 4453GoytiaTemporary Agency EmploymentEarning CapacityWCJ Credibility DeterminationSan Francisco
References
6
Case No. MISSING
Regular Panel Decision
May 06, 1998

Nieves v. Five Boro Air Conditioning & Refrigeration Corp.

Reding Nieves, an employee of United Fire Protection, was injured while installing fire sprinklers at a New York Hall of Science site, which was subcontracted by Five Boro Air Conditioning & Refrigeration Corp. He allegedly tripped over a concealed drop light after stepping off an eight-foot ladder, sustaining an ankle injury. Nieves sued Five Boro under Labor Law § 240 (1), and Five Boro filed a third-party action against United, with the motion court initially granting Nieves summary judgment. However, the appellate court modified this order, denying summary judgment for all parties due to unresolved questions of fact surrounding the accident's cause, including conflicting testimonies. Consequently, the case requires a trial to determine liability and facts, as neither side was entitled to summary judgment.

Elevation-related riskTripping hazardSummary judgmentLabor Law § 240(1)Construction site accidentLadder fallContributory negligenceQuestions of factAppellate DivisionSubcontractor liability
References
11
Case No. ADJ7463348
Regular
Jan 20, 2012

Olga Garau vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency

Applicant Olga Garau petitioned for removal of her case, alleging that assigned workers' compensation judges (WCJs) could not lawfully act as they were not active members of the California Bar. The Appeals Board denied the petition, adopting the WCJ's report and recommendation. The Board clarified that Labor Code section 123.5 requires WCJs to be licensed attorneys and maintain State Bar membership, which includes inactive members. Therefore, the applicant's allegations regarding the judges' qualifications were unsubstantiated, and the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ RecusalLabor Code Section 123.5State Bar MembershipActive vs. Inactive MemberBusiness and Professions Code Section 6003WCAB Rule 10848Report and RecommendationExpedited Trial
References
0
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