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

Case No. ADJ6635167
Regular
Aug 01, 2011

CDWARD CARTER vs. MONTEREY MARRIOTT

This case involves a clerical error correction by the Workers' Compensation Appeals Board (WCAB). The WCAB's prior Order, issued June 17, 2011, incorrectly titled and referenced a "disqualification" instead of "removal." The Board is correcting the title to "Order Denying Removal" and substituting "removal" for "disqualification" throughout the order. This correction was made to ensure clarity and understanding of the Board's decision, and the WCAB retains jurisdiction to correct such clerical errors.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorOrder Denying RemovalPetition for RemovalDisqualificationMonterey MarriottADJ6635167Toccalino v. Workers' Comp. Appeals Bd.Clerical ErrorsRemoval
References
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
Case No. ADJ847031
Regular
Dec 10, 2010

CARLOS REYES vs. EL POLLO LOCO, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration in the case of Carlos Reyes v. El Pollo Loco and Pacific Compensation Insurance Company. The Board adopted the WCJ's report as the basis for the denial. Additionally, the Board corrected a clerical error in the caption of the September 20, 2010 Findings and Order to accurately reflect the defendant's name as "Pacific Compensation Insurance Company." Therefore, the reconsideration is denied, and the caption is corrected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings and OrderClerical ErrorEAMSCaption CorrectionDefendant Name CorrectionIN-HOUSE LITIGATION DEPARTMENTUNIVERSAL ASSIGNED NAME
References
Case No. ADJ9760064
Regular
Jul 12, 2016

FRANKLIN POWERS vs. TEN WEST TOWING-PTO, SERVICES/STRUCTURE AND CLAIMS RESERVE MANAGEMENT, et al.

This Workers' Compensation Appeals Board order corrects a clerical error in their prior July 1, 2016 decision. Specifically, it amends a mistaken case reference on page 1, line 17, to accurately cite the companion case of Lawrence O'Donnell, ADJ9681671. The purpose of this order is solely to rectify the incorrect case number for administrative accuracy. This correction does not alter the substance or outcome of the Board's original ruling.

Clerical errorOrder correcting clerical errorOpinion and Order Granting RemovalAppeals BoardCompanion caseLawrence O'DonnellADJ9681671Workers' Compensation Appeals BoardPetition for ReconsiderationSan Francisco District Office
References
Case No. ADJ9437719
Regular
Jul 03, 2018

MARIA RODRIGUEZ vs. BODEGA LATINA CORPORATION dba EL SUPER, YORK RISK SERIVCES, SAFETY NATIONAL

The Workers' Compensation Appeals Board is issuing an order to correct a clerical error in its June 20, 2018 decision. The prior decision, which denied a petition for reconsideration in the case of Maria Rodriguez v. Bodega Latina Corporation, failed to include the official seal of the Appeals Board. This correction is being made without granting reconsideration, as clerical errors can be rectified at any time. The corrected order will now properly include the Appeals Board's seal.

WORKERS' COMPENSATION APPEALS BOARDBODEGA LATINA CORPORATIONEL SUPERYORK RISK SERIVCESSAFETY NATIONALADJ9437719OPINION AND ORDER CORRECTING CLERICAL ERRORclerical errorseal of the Appeals BoardReconsideration
References
Case No. ADJ1312021
Regular
Nov 01, 2013

GRICELDA AREVALOS vs. PERSONNEL PLUS, INC., LIBERTY MUTUAL INSURANCE

This Workers' Compensation Appeals Board order corrects clerical errors in a prior decision regarding Gricelda Arevalos's case. The errors involved an incorrect case number in the caption and an extra space within the case number later in the document. The Board is correcting these errors to reflect the accurate case number ADJ1312021 without further proceedings. This amendment ensures the official record is accurate.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORSORDER CORRECTINGPETITION FOR RECONSIDERATIONCASE NUMBER CORRECTIONADJ7430358ADJ0302021ADJ1312021SUPPLEMENTAL PROCEEDINGSCONTINGENT PROCEEDINGS
References
Case No. ADJ1839782 (GOL 0101821), ADJ2471155 (GOL 0101822), ADJ3556721 (GOL 0101823)
Regular
Nov 20, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

This Workers' Compensation Appeals Board case involved a clerical error in the caption of a prior Order Denying Reconsideration. The order erroneously listed "Employers Compensation" as the defendant insurance carrier instead of the correct entity, "Liberty Mutual Insurance Company-Beaverton." The Board issued this order to correct that clerical error. Such corrections are permissible at any time without further proceedings.

Order Denying ReconsiderationClerical Error CorrectionWorkers' Compensation Appeals BoardLiberty Mutual Insurance Company-BeavertonEmployers CompensationCaption CorrectionAlfonso J. MoralesRonnie G. CaplaneFrank M. BrassGOL District Office
References
Case No. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. ADJ3255503 (SDO 0362975)
Regular
Jan 27, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

This case involves the Workers' Compensation Appeals Board correcting a clerical error in a previous order. The defendant, County of San Diego Sheriff's Department, had petitioned for reconsideration of a decision regarding injured worker John Kosich. The Board is correcting its January 25, 2010 Opinion and Order to reflect the correct injured worker's name as John Kosich, not James Kosich.

Workers' Compensation Appeals BoardClerical Error CorrectionPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeInjured Worker Name CorrectionCounty of San Diego Sheriff's DepartmentPermissibly Self-InsuredADJ3255503SDO 0362975Opinion and Order
References
Case No. ADJ7350346
Regular
Jan 05, 2012

TENNE PHAM vs. HAWAIIAN GARDEN CASINO, TRAVELERS INSURANCE COMPANY

This order denies Tenne Pham's Petition for Removal in a workers' compensation case against Hawaiian Garden Casino and Travelers Insurance Company. The Appeals Board adopted the findings of the Workers' Compensation Judge, denying the removal. Additionally, the Board ordered a correction of a clerical error in a previous order to remove one of the case numbers from the caption. Therefore, the Petition for Removal is denied, and the prior order is amended.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeClerical ErrorDenying RemovalCorrecting Clerical ErrorStrike Case NumberOrder Denying RemovalADJ3545303ADJ7350346
References
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