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

Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
Case No. ADJ8500075
Regular
Oct 27, 2015

RUDI QUINTEROS vs. STAMOULES PRODUCE, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant sought removal after the WCJ rescinded an order approving a compromise and release (C&R). The applicant claimed a "change of heart" as the basis for setting aside the C&R, which the defendant argued was insufficient grounds. The Appeals Board granted removal, rescinding the WCJ's order and substituting an order suspending the C&R approval. The case was returned to the WCJ to hold a status conference to allow the applicant to present arguments for setting aside the C&R.

Workers' Compensation Appeals BoardPetition for RemovalCompromise and ReleasePetition to Set AsideOrder Approving Compromise and ReleaseOrder Rescinding OrderGood CauseFraudMistakeUndue Influence
References
Case No. ADJ9876334
Regular
Dec 12, 2017

ERIC DOZIER vs. KAISER PERMANENTE, permissibly self-insured, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed Kaiser Permanente's petition for reconsideration because the order they sought to appeal was not a final order. They also denied the petition for removal, finding no substantial prejudice or irreparable harm. The Board further clarified that the applicant's petition for reconsideration was timely due to a defective service designation on the original Order Approving Compromise and Release. Finally, the WCJ acted within their authority to rescind the Order Approving Compromise and Release after a timely reconsideration petition was filed.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantial PrejudiceIrreparable HarmOrder Approving Compromise and ReleaseOACRDefective Service
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. ADJ1306333 (LAO 0818594) ADJ719747 (LAO 0818595) ADJ2637714 (LAO 0865003)
Regular
Jun 09, 2011

ARMIDA PUGA vs. C&D AEROSPACE RISK ENTERPRISE MANAGEMENT for ATLANTIC MUTUAL INSURANCE COMPANY, GAB ROBBINS for CALIFORNIA CASUALTY INSURANCE COMPANY & SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board dismissed Atlantic Mutual's Petition for Reconsideration as there was no final order to reconsider. However, the Board granted removal to address the underlying issue. They rescinded the WCJ's order that rescinded a prior approval of a Compromise and Release. Consequently, the original Order Approving Compromise and Release, issued on January 26, 2011, is effectively reinstated.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Approving Compromise & ReleaseOrder Rescinding OrderMaterial Mistake of FactDue ProcessThird Party AdministratorPrincipalRehabilitation
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. LBO 0384614
Regular
Jan 23, 2008

CAROLINA SALES vs. ROSS STORES, INC. and XL SPECIALTY INSURANCE, MJO STAFFING and AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order vacating a Compromise and Release (C&R). The Board then granted reconsideration on its own motion to rescind the original C&R approval. This action affirmed the WCJ's decision to vacate the C&R, effectively returning the parties to their pre-settlement status, due to the applicant's expressed confusion and potential lack of full understanding of the agreement's terms.

Compromise and ReleasePetition for ReconsiderationOrder VacatingFinal OrderLabor Code Section 5900Good CauseUnverified PetitionIndustrial InjuryApplicant's UnderstandingWCJ Discretion
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ9408719
Regular
Jun 21, 2017

BRIAN COLEMAN vs. DAYLIGHT FOODS, INC., HARTFORD INSURANCE COMPANY, THE COMPLETE LOGISTICS COMPANY, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the Administrative Law Judge's order rescinding the Compromise and Release Agreement was not a final order. The Board then granted the defendant's Petition for Removal, finding it an appropriate remedy to address the situation. Consequently, the Board vacated the previous rescission order and approved the Stipulation and Award entered into by the parties on June 19, 2017. This Stipulation resolved the disputed issues for a payment of $1,000.00 to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Approving Compromise and ReleaseStipulation and AwardFinal OrderInterlocutory OrderSubstantive Right or LiabilityThreshold IssueExtraordinary Remedy
References
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
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