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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ884160 (LBO 0394637)
Regular
Mar 08, 2013

Shahdeh Khodawandi vs. Disneyland Resort

The Appeals Board granted reconsideration of an order dismissing lien claimant Dr. Thomas's lien claim. The dismissal occurred after Dr. Thomas and his then-agent failed to appear at a lien conference and a subsequent Notice of Intent to Dismiss (NOI) was not properly served on his agent. The Appeals Board found the petition for reconsideration timely as the dismissal order was not properly served on Dr. Thomas's agent of record. Furthermore, the dismissal order was issued prematurely, before the full 35-day period for a response to the NOI had expired, even with the mail-delay extension. The case is returned to the trial level to determine if Dr. Thomas has good cause to set aside the NOI.

Workers' Compensation Appeals BoardLien ClaimReconsiderationOrder Dismissing LienLien ConferenceCompromise and ReleaseNotice of Intention to Dismiss LienGood CauseService of ProcessAgent of Record
References
Case No. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
References
Case No. ADJ1635548 (POM 0300369)
Regular
Feb 20, 2015

FERNANDO GUTIERREZ vs. CLAIM JUMPER RESTAURANT, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order they sought to reconsider was not a final order, as it merely provided an opportunity to litigate a lien claim. The WCAB also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The WCJ correctly vacated a prior order dismissing a lien claimant's claim due to a lack of proof of service. Therefore, the matter will proceed to further litigation regarding the lien.

WCABPetition for ReconsiderationPetition for RemovalOrder Vacating Lien DismissalOrder Dismissing LienLien ClaimantCompromise and ReleaseNotice of Intent to DismissProof of ServiceSubstantive Right
References
Case No. ADJ7032646; ADJ7476468
Regular
Dec 24, 2012

MERCEDES NARVAEZ vs. BAKERSFIELD CITY SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order vacating a prior dismissal of lien claims. The WCJ improperly treated a lien claimant's objection as a petition for reconsideration. This action was procedurally flawed as the objection predated the order it sought to challenge and was untimely. The WCJ's subsequent order to vacate the dismissal was also issued outside the permissible 15-day timeframe for WCJ action after reconsideration is sought.

Petition for RemovalOrder Vacating Order Dismissing Lien ClaimsWorkers' Compensation Appeals BoardLien ClaimantsWCJOrder to Dismiss LiensPetition for ReconsiderationLabor Code section 5900(a)Rule 10859untimely
References
Case No. ADJ8213513, ADJ7224783
Regular
Jun 13, 2014

JOSE OROZCO vs. WOODMASTER FURNITURE, INC., ENDURANCE INSURANCE COMPANY, SOUTHERN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of orders dismissing a purported lien claimant's lien. The Board found that the Workers' Compensation Judge lacked jurisdiction to dismiss the lien because the claimant had not actually filed a lien with the Board. Consequently, the dismissal orders were rescinded and the matter was returned for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimOrder Dismissing LienWCJLabor Code Section 4903Labor Code Section 4903.05Appeals Board Rule 10774.5Unfiled LienJurisdiction
References
Case No. ADJ1190346 (SFO 0376731) ADJ6489685
Regular
Dec 02, 2011

PATRICIA DAVENPORT vs. WESTERN PACIFIC DISTRIBUTORS and CIGA by its servicing facility SEDGWICK CMS for HOME INSURANCE COMPANY IN LIQUIDATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order dismissing St. Mary's Hospital's lien. The WCAB found that the dismissal order was improperly issued without notice or an opportunity for St. Mary's or its representative, Recovery Resources, to be heard. The Board emphasized that due process requires notice and a hearing before a lien can be dismissed. Therefore, the matter was returned to the trial level for further proceedings to allow the lien claimant to present its case on the merits.

CIGALien claimantPetition for reconsiderationFindings of Fact and OrderWorkers' Compensation Appeals BoardCumulative trauma injuryOfficial Address RecordPetition for dismissal of lien claimOrder of dismissal of lien claimNotice of lien
References
Case No. LAO 0843620
Regular
May 23, 2008

Michelle Bloess-Mitchell vs. Brown Bunyan Moon & More, Inc., Zenith Insurance Company

The Workers' Compensation Appeals Board granted reconsideration to clarify an order dismissing an applicant's claim for lack of prosecution. The Board affirmed the dismissal of the applicant's claim but amended the order to explicitly state that jurisdiction is retained over all unresolved lien claims. This amendment aims to prevent confusion and ensure lien claimants, like Dr. Silver, can still litigate their claims.

Workers' Compensation Appeals BoardLien claimantReconsiderationDismissal for lack of prosecutionDue processNotice of Intention to DismissOrder of DismissalWCJIndustrial injuryApplicant's claim
References
Case No. ADJ7634257; ADJ7634274
Regular
May 22, 2013

JESUS RANGEL vs. WILDFISH SEAFOOD GRILLE, LIBERTY MUTUAL INSURANCE CO., ZURICH

This Workers' Compensation Appeals Board case concerns lien claimant Advance Care Specialist's petition for reconsideration of an order dismissing their lien claim for failure to pay the activation fee. The lien claimant asserts payment was made prior to the lien conference, a claim the Presiding WCJ recommends further investigation into. The Appeals Board granted the petition, rescinded the dismissal order, and returned the matter to the trial level for further proceedings. This decision highlights the importance of proper service by the Appeals Board, as demonstrated by a potential issue with timely service of the original dismissal order.

Lien activation feePetition for reconsiderationOrder Dismissing Lien ClaimSkeletal petitionLien conferencePresiding Workers' Compensation Administrative Law JudgeRescinded orderRemandService of orderWCAB rule 10500(b)
References
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