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

Case No. ADJ1241059 (POM 0299949)
Regular
May 14, 2009

Jose Contreras vs. OMEGA EXTRUDING CORP OF CALIFORNIA, GALLAGHER BASSETT CORONA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior Order Approving Compromise and Release. The applicant sought review, alleging discrimination and inadequacy of the $\$ 17,500$ settlement due to fear and a lack of understanding regarding his legal status. The Board found the record incomplete, specifically noting the absence of medical reports supporting the settlement's adequacy and discrepancies in EDD payment reimbursements. Consequently, the matter was returned to the trial level for further proceedings to obtain necessary documentation and ensure the settlement's fairness.

Workers Compensation Appeals BoardCompromise and ReleaseReconsiderationIn Propria PersonaAgreed Medical ExaminerDuplicative EDD PaymentsMedical ReportsBenefits Payment RecordsTrial LevelScared
References
Case No. ADJ7699249
Regular
Jan 09, 2012

DEREK DEMUN vs. SQUAW VALLEY SKI CORP.

This case involved applicant Derek Demun's workers' compensation claim against Squaw Valley Ski Corp. and its insurer, Safety National Casualty Corp. The Appeals Board granted reconsideration, amending the prior decision. The amendment clarifies that the applicant is entitled to 24-hour home health care for the first 60 days post-hospitalization, followed by indefinitely eight hours per day, provided by his parents. The Board also affirmed the award of central air conditioning and heating for the applicant's home.

Workers' Compensation Appeals BoardDerek DemunSquaw Valley Ski Corp.Safety National Casualty Corp.Matrix Absence ManagementInc.ReconsiderationWCJ reportHome health careCraig Hospital
References
Case No. ADJ9505364
Regular
Sep 13, 2017

ISABEL HERNANDEZ vs. OMEGA EXTRUDING CORPORATION OF CALIFORNIA, OLD REPUBLIC INSURANCE, GALLAGHER BASSETT SERVICES, INC.

This Workers' Compensation Appeals Board case denied reconsideration of a decision regarding applicant Isabel Hernandez. The Board upheld the judge's reliance on the Agreed Medical Evaluator's opinion as persuasive. However, the Board found the defendant failed to meet its burden of proof that the applicant's termination for cause negated her entitlement to temporary disability benefits. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical EvaluatorTemporary Disability IndemnityTermination for CauseModified WorkBurden of ProofAdministrative Law JudgeGallagher Bassett ServicesOmega Extruding Corporation
References
Case No. ADJ10362268
Regular
Apr 27, 2018

LEOVELDINA DUARTE vs. OMEGA EXTRUDING CORPORATION OF CALIFORNIA, OLD REPUBLIC, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original decision. The Board adopted the Judge's report which found the defendants failed to prove applicant's knowledge of injury and disability predated her termination. The defense attorney was admonished for filing a misleading pleading containing substantially false statements. Consequently, the defendant's post-termination defense was deemed inapplicable and the petition was denied.

WCABPetition for ReconsiderationLabor Code section 5813Appeals Board 10561ADJ10362268OMEGA EXTRUDING CORPORATION OF CALIFORNIAOLD REPUBLICGALLAGHER BASSETT SERVICESINC.Anh Tat Hoang
References
Case No. ADJ1395833
Regular
May 07, 2009

MARTIN ALVAREZ vs. OMEGA EXTRUDING CORPORATION OF AMERICA, GALLAGHER BASSETT SERVICES

The defendant, Omega Extruding Corporation, petitioned to set aside a stipulation and award, or for reconsideration, alleging a clerical error. The defendant claims the temporary disability rate was mistakenly entered as the permanent disability rate, resulting in an incorrect total permanent disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and returned the case to the trial level for further proceedings. This decision allows the parties to correct the alleged error or litigate the facts to determine if the stipulation should be set aside.

Petition for ReconsiderationStipulations with Request for AwardInadvertent ErrorClerical ErrorMutual MistakeSet Aside StipulationsRescind AwardGood CausePermanent Disability IndemnityTemporary Disability Rate
References
Case No. ADJ10387444, ADJ10387443
Regular
Sep 19, 2018

TERESA GALLEGOS vs. OMEGA EXTRUDING CORPORATION OF CALIFORNIA, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Teresa Gallegos' petition for reconsideration. The petition was deemed "skeletal" for failing to specify grounds, cite evidence, or articulate legal principles. Additionally, it was dismissed for lack of proof of service on the adverse party, Omega Extruding Corporation. The Board noted that even if not dismissed on procedural grounds, the petition would have been denied on the merits based on the WCJ's report.

Petition for ReconsiderationSkeletal PetitionProof of ServiceAdverse PartyLabor Code § 5902Appeals Board RulesCal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Labor Code § 5905
References
Case No. ADJ4532675
Regular
Sep 29, 2010

PAUL BLADEN vs. LUMEI OPTOELECTRONICS CORP.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the case of Paul Bladen v. Lumei Optoelectronics Corp. After reviewing the record and the WCJ's report, the WCAB has decided to deny the petition for reconsideration. The WCAB adopted the factual and legal reasoning of the WCJ's report in its decision. Therefore, the petition for reconsideration was denied.

Appeals BoardReconsiderationDeniedOpinion and DecisionWCJ ReportPetition for ReconsiderationFactual and Legal IssuesWorkers' CompensationAdministrative Law JudgePaul Bladen
References
Case No. ADJ3512142 (MON 0288509)
Regular
Jan 12, 2009

JOSE LUIS LARA vs. BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board reversed the WCJ's finding that the applicant was an employee of Metro Diner on the date of injury, concluding that he was an independent contractor.

Workers' Compensation Appeals BoardBratiff Home Corp.Metro DinerScott BroffmanUninsured Employers Benefit Trust FundADJ3512142MON 0288509Opinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge
References
Case No. ADJ2263859 (LBO 0377745)
Regular
Feb 02, 2015

GUADALUPE MONTANO vs. COUNTRYWIDE FINANCIAL CORP., ACE USA/ESIS

In *Montano v. Countrywide Financial Corp.*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The WCAB adopted the findings of the administrative law judge's report. The petition was dismissed solely because it was untimely filed.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRecord ReviewIncorporated ReportPermissibly Self-InsuredAdjusted by ACE USA/ESIS
References
Case No. ADJ4387448 (SJO 0267422)
Regular
Aug 03, 2010

BALGOVIND SHARMA vs. LAM RESEARCH CORP., MATRIX SAN JOSE

This case concerns applicant Balgovind Sharma's claim for workers' compensation penalties against Lam Research Corp. and Matrix San Jose for alleged unreasonable delay in authorizing medical treatment. Following a stipulation on August 4, 2009, which agreed to authorize specific treatments, applicant sought penalties for sixteen prior, unaddressed treatment requests. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that applicant did not "expressly exclude" penalty claims from the stipulation as required by Labor Code section 5814(c). Consequently, all accrued penalty claims, including those not specifically mentioned in the stipulation, were conclusively presumed resolved by the stipulation.

ADJ4387448Lam Research Corp.Matrix San JoseBalgovind SharmaReconsiderationStipulationMedical treatment authorizationPetition for PenaltyUnreasonable DelaySection 5814(c)
References
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