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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ6780734
Regular
Sep 08, 2011

Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

Writ of MandatePetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseFindings Award and OrderAdministrative Law JudgeAppeals BoardIndustrial InjuryPermanent DisabilityApportionment
References
Case No. ADJ9945229
Regular
Feb 20, 2018

THERESA HAVENS vs. KAISER PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an Order for Costs, which directed the defendant to pay $\$500.00$ for a deposition. The Board found that an Order for Costs constitutes a "final" order as it determines a substantive liability for the defendant. Therefore, reconsideration was the appropriate remedy, and the case was returned to the trial level for further proceedings.

Petition for ReconsiderationOrder for CostsRescinded OrderTrial LevelWCJ ReportAdministrative Law JudgeFinal OrderSubstantive LiabilityThreshold IssueInterlocutory Orders
References
Case No. ADJ455873 (LAO 0886539)
Regular
Sep 26, 2016

JAMES TOWNSEND vs. CITY OF LOS ANGELES, HARBOR DIVISION

This case concerns a lien claimant, BCP Collections, Inc., seeking reconsideration of an order denying its lien for $\$8,661.87$. The initial denial was based on BCP's alleged failure to provide proof of service for its Notice of Intention to allow the lien. However, the administrative law judge later vacated this order, recognizing proof of service had been timely filed. Consequently, the Appeals Board dismissed BCP's petition for reconsideration because the rescinded order was not a final decision. As no final determination of the lien currently exists, reconsideration is procedurally improper.

BCP CollectionsNotice of IntentionProof of ServiceEAMSLien ClaimPetition for ReconsiderationOrder Allowing LienLien ConferenceRescinded OrderAdministrative Law Judge
References
Case No. ADJ2652747 (VNO 0344824) ADJ3178119 (VNO 0349849) ADJ4566361 (VNO 0401733)
Regular
Nov 12, 2010

MARK RAINE vs. CITY OF BURBANK

This case involves a lien claimant, Advanced Orthopedics, seeking reconsideration of an administrative order appointing an independent bill reviewer. The Workers' Compensation Appeals Board dismissed the reconsideration petition, finding the order was procedural and not a final decision subject to review. The Board also denied the alternative petition for removal, as the claimant failed to demonstrate significant prejudice or irreparable harm. Therefore, the appointment of the bill reviewer stands, and further development of the record will proceed.

WORKERS' COMPENSATION APPEALS BOARDLIEN CLAIMANTPETITION FOR RECONSIDERATIONPETITION FOR REMOVALORDER FOR APPOINTMENT OF INDEPENDENT BILL REVIEWERWCJOFFICIAL MEDICAL FEE SCHEDULEINTERLOCUTORY ORDERPROCEDURAL ORDERFINAL ORDER
References
Case No. ADJ9671520
Regular
Oct 18, 2019

ALICIA DAVENPORT vs. NORDSTROM, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Nordstrom's Petition for Reconsideration, finding the WCJ's order to take the case off calendar was not a final order. However, the WCAB granted Nordstrom's Petition for Removal, rescinded the WCJ's order, and returned the matter for further proceedings. This action was taken because the WCJ failed to adequately address the parties' Compromise and Release agreement, specifically concerning defendant's credit for $3,500 in missed appointment fees. The WCAB indicated the parties could bifurcate the settlement or the issue of the fees would require a hearing.

Workers Compensation Appeals BoardNordstromInc.Alicia DavenportPetition for ReconsiderationPetition for RemovalCompromise and Releasemissed appointment feesadministrative law judgeOrder Suspending Action
References
Case No. ADJ599176 (SAC 0333692) ADJ2396484 (RDG 0122019) ADJ7950339
Regular
Mar 21, 2017

Fernando Muniz Villalpando vs. Doherty Brothers, Martin Dusters, State Compensation Insurance Fund

This case involves an applicant seeking to self-administer his Medical Set-Aside Account (MSA) after previously agreeing to third-party administration by Bridge Pointe/NuQuest. The Appeals Board granted reconsideration, rescinded the prior order, and returned the matter to the trial level. The Board found that the trial judge needs to review the original agreement to determine if it allows for a change of administration or if applicant has contractual rights to pursue this. Further proceedings will assess applicant's competency for self-administration and any opposition from the defendant.

Medical Set-Aside AccountMSAPetition for ReconsiderationJoint Findings and OrderMedical Set-Aside Account administrationself-administrationBridge PointeNuQuestState Compensation Insurance FundCompromise and Release Agreement
References
Case No. ADJ7828356
Regular
Dec 27, 2018

ELIZABETH ZAVALA vs. EMPLOYMENT SOLUTIONS, TRISTAR RISK MANAGEMENT FOR CASTLEPOINT NATIONAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves lien claimant petitions for reconsideration of two WCJ orders. The first petition was dismissed as moot because the challenged Findings and Award was subsequently rescinded. The second petition was also dismissed because the Order Rescinding Findings and Award for Lien Claim is not a final order, and reconsideration is only permitted from final decisions. Therefore, both petitions for reconsideration were dismissed as they were procedurally improper.

Workers' Compensation Appeals BoardElizabeth ZavalaEmployment SolutionsTristar Risk ManagementCastlepoint NationalCalifornia Insurance Guarantee AssociationADJ7828356Petition for ReconsiderationFindings and AwardOrder Rescinding Findings and Award
References
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