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

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. ADJ16866401
Regular
Mar 28, 2025

SASHA OLIVERA vs. ASSIL EYE INSTITUTE, THE HARTFORD

Applicant Sasha Olivera sought reconsideration of a December 27, 2024 Order of Dismissal of Case, which dismissed her claim without prejudice due to alleged lack of prosecution. Her attorney explained that he had lost contact with Olivera but had since re-established communication, asserting she was ready to proceed. The Workers' Compensation Appeals Board found the Workers' Compensation Administrative Law Judge's notice of intent to dismiss and the subsequent dismissal order were premature, as the earliest date for dismissal under WCAB Rule 10550(a) was August 21, 2025. Consequently, the Board granted the Petition for Reconsideration, rescinded the dismissal order, and returned the matter to the trial level for further proceedings.

WCABPetition for ReconsiderationOrder of DismissalLack of ProsecutionWCAB Rule 10550(a)Notice of Intent to DismissPetition to Dismiss Inactive CaseDeclaration of Readiness to ProceedStatus ConferenceLabor Code Section 5909
References
Case No. ADJ17611095; ADJ17611096
Regular
Feb 21, 2025

ALEXANDRYA WOLFE vs. CLAIRES AND STONINGTON INSURANCE CO, GALLAGHER BASSETT

Applicant Alexandrya Wolfe sought reconsideration of a WCJ's Order of Dismissal for inactivity in two cases (ADJ17611095, ADJ17611096). Applicant argued they were receiving medical care and were ready to proceed, having filed objections to both the defendant's petition to dismiss and the WCJ's notice of intention to dismiss. The Workers' Compensation Appeals Board reviewed the petition, answer, and WCJ's report. The Board determined that the WCJ erred by dismissing the cases without properly addressing applicant's objections or setting the matter for a hearing, thereby violating due process. Consequently, the Board granted the petition for reconsideration, rescinded the Orders of Dismissal, and returned the matter to the WCJ for further proceedings.

WCAB Rule 10550Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissLack of ProsecutionMedical TreatmentReady Willing AblePetition to Dismiss Inactive CaseMandatory Settlement ConferenceHearing Representative
References
Case No. ADJ8226612
Regular
Nov 03, 2014

RAYSHAUN MOORE vs. WASTE MANAGEMENT, ACE/NORTH AMERICAN CLAIMS, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing the applicant's case for lack of prosecution. The dismissal was issued after the applicant allegedly filed a timely objection that was not recorded in the system. Due to the uncertainty of whether the objection was reviewed, the WCAB rescinded the dismissal order. The case is returned to the trial level for a new judge to determine if dismissal is appropriate.

Petition for ReconsiderationOrder Dismissing CaseLack of ProsecutionNotice of Intention to DismissElectronic Adjudication Management System (EAMS)Industrial InjuryPsycheHeadSuspending BenefitsDepositions
References
Case No. ADJ1754033
Regular
Feb 02, 2011

MONTE C. PAYNE vs. CITY OF SAN RAFAEL, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

This Workers' Compensation Appeals Board case involves Monte C. Payne as the applicant and the City of San Rafael and its insurance fund as defendants. The Board issued an order dismissing the defendant's petition for reconsideration of a January 31, 2011 decision. This dismissal is a direct result of the petitioner unilaterally withdrawing their reconsideration request. The order was filed in San Francisco on February 2, 2011.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionOrder of DismissalJudicial AdministrationCase Number ConsolidationService by MailSan Francisco FilingEmployer Liability
References
Case No. ADJ4250427 (MON 0359204)
Regular
Sep 16, 2011

ANA AGUILAR vs. METRO BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Ana Aguilar's claim for lack of prosecution. The Board found that applicant's attorney was relieved as counsel and had lost contact with the applicant prior to the dismissal order, raising due process concerns. The dismissal order was based on a defendant's petition and a notice of intention to dismiss, but the Board found no evidence that the applicant actually received these notices. Therefore, the matter was returned to the trial level to ensure the applicant has an opportunity to be heard.

WCAB Rule 10582dismissal for lack of prosecutionex parte orderdue processlack of noticepetition for dismissalnotice of intention to dismissmotion to be relieved as counselcumulative traumamaintenance worker
References
Case No. ADJ9134227
Regular
Dec 18, 2015

VICTOR DIAZ vs. EXXEL OUTDOORS, INC.; THE HARTFORD

The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.

WCABPetition for ReconsiderationAmended Order Dismissing CaseNotice of Intention to DismissDismissal without prejudiceDismissal with prejudiceWCJWCAB Rule 10582WCAB Rule 10780WCAB Rule 10859
References
Case No. ADJ6793843
Regular
Jan 24, 2012

CHRIS WHITE vs. B & B MOTORS, PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board vacated its prior order granting reconsideration, dismissing the lien claimant's petition. The Board found reconsideration was improvidently granted as the lien claimant sought to reconsider a nonexistent order of dismissal. Reconsideration is only permissible for final orders, and the WCJ's comments did not constitute a final order. The lien claimant will be able to seek reconsideration after a final dismissal order is issued.

Lien claimantPetition for ReconsiderationDismissalIndustrial injuryCalendaring errorCalifornia Code of Procedure section 473Notice of Intention to Dismiss LienFinal orderDecision After ReconsiderationOpinion and Order Granting Petition for Reconsideration
References
Case No. ADJ1340949 (MON 0357520)
Regular
Sep 16, 2013

MARCO ROSALES vs. BARRETT BUSINESS SERVICES

Here is a summary of the case for a lawyer: The Workers' Compensation Appeals Board granted reconsideration of an order dismissing lien claimant Jerry A. Jacobson's attorney fee lien. The dismissal was based on Mr. Jacobson's failure to appear at a mandatory settlement conference, but the Board found the WCJ improperly designated applicant's counsel to serve a self-executing dismissal order. Furthermore, there was no proof of service of the dismissal order or confirmation that a timely objection was not received. The Board rescinded the dismissal order and returned the case to the trial level for proper notice and further proceedings.

Workers' Compensation Appeals BoardLien ClaimantDismissal of LienReconsiderationWCJ ErrorAttorney FeesDeclaration of Readiness to ProceedEAMSAppeals Board Rule 10770.1(h)Notice of Intention to Dismiss
References
Case No. ADJ9660632
Regular
Feb 17, 2017

FRANCISCO SANCHEZ vs. MERCHANTS BUILDING MAINTENANCE dba GUARD SYSTEMS, INC., CLAIMQUEST, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order that dismissed the applicant's case. The WCJ had found the WCAB lacked jurisdiction due to an alternative dispute resolution (ADR) agreement and directed parties to present the jurisdiction issue to an arbitrator. However, the WCAB found the WCJ's dismissal order lacked reasoning and evidence, failing to comply with legal requirements for a decision. The case is returned to the trial level for further proceedings and a new decision, to determine jurisdiction and whether the applicant's case should be reopened before the WCAB.

Workers' Compensation Appeals BoardPetition for ReconsiderationAlternative Dispute ResolutionJurisdictionDismissalMinute OrderDeclaration of Readiness to ProceedPetition for DismissalLabor CodeThreshold Issues
References
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