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

Case No. ADJ1534095 (LAO 0820188)
Regular
Dec 16, 2013

PAMELA MCMILLIN vs. XEROX CORPORATION; ACE USA, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the lien claimant's petition for reconsideration of an order dismissing its lien was untimely filed. Because the original petition was untimely, the administrative law judge lacked jurisdiction to rescind the dismissal order. Therefore, the Board rescinded the judge's order and dismissed the lien claimant's petition, leaving the original dismissal order in effect.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Rescinding DecisionLien ClaimLien Activation FeeLabor Code Section 4903.06JurisdictionUntimely FilingCompromise and ReleaseWCJ
References
1
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ8693165
Regular
Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record
References
5
Case No. ADJ2501619 (OAK 0286955)
Regular
Nov 10, 2008

JAMES BRADFORD vs. MCMILLAN BROS. ELECTRIC, INC., PACIFIC EAGLE INSURANCE CO./tpa SEABRIGHT INSURANCE CO.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petitions for reconsideration, removal, and stay of execution. The petition for reconsideration was dismissed as untimely because it was filed with the Appeals Board more than 25 days after the arbitrator's decision. The Board also lacked jurisdiction to grant the petition for removal or stay of execution, as these actions are not permitted for an arbitrator's decision in a Labor Code section 3201.5 carve-out case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Stay of ExecutionUntimely FilingLabor Code Section 3201.5Carve-out CaseArbitrator's DecisionJurisdictionAppeals Board Rule 10865
References
4
Case No. ADJ7552724, ADJ7584841
Regular
Sep 17, 2013

AGUSTIN NAVARRO vs. ALLIED WASTE OF SACRAMENTO, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a petition for reconsideration of a prior order that itself granted reconsideration. The Workers' Compensation Appeals Board dismissed the petition because reconsideration can only be sought from a final order, decision, or award, not from interlocutory procedural orders. An order granting reconsideration without resolving the underlying issues is not considered final. Therefore, the petition challenging the order granting reconsideration was dismissed as procedurally improper.

Petition for ReconsiderationFinal OrderInterlocutory OrderLab. Code§ 5900Granting ReconsiderationDismissalWorkers' Compensation Appeals BoardADJ7552724ADJ7584841
References
0
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ6471197, ADJ6471198
Regular
Sep 13, 2013

GRACIELA CASTRO vs. SHADE HOTEL, FARMERS INSURANCE

This case was dismissed because the Applicant's Petition for Reconsideration was based on an interlocutory order, not a final decision on substantive rights or liabilities. The Board clarified that reconsideration is only permitted for final orders under Labor Code section 5900. As there was no order dismissing the Applicant's lien, the Applicant was not aggrieved by a final decision. Therefore, the Petition for Reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesDismissedAggrievedLienADJ6471197
References
3
Case No. ADJ6564640
Regular
Nov 03, 2011

Antonio Garcia vs. HOWARD HAIG CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a dismissal order, claiming improper service of the defendant's dismissal petition and timely opposition. However, the judge rescinded the dismissal order before the reconsideration petition was formally acted upon. This rescission rendered the petition for reconsideration moot, as it was no longer seeking review of a final order. Therefore, the Appeals Board dismissed the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalLack of ProsecutionServiceNotice of Intention to DismissProof of ServiceAttorneyDue ProcessVacating Order
References
12
Case No. ADJ2147147 (RDG 0082557) ADJ4028847 (RDG 0090082)
Regular
Jul 13, 2012

JULIE SMITH vs. GOTTCHALKS, LIBERTY MUTUAL FIRE INSURANCE, NORTH VALLEY SCHOOLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR/CAL COMP, in liquidation

In *Smith v. Gottchalks*, the Workers' Compensation Appeals Board dismissed a petition for reconsideration. The Board found that a petition for reconsideration can only be filed after a final order, decision, or award. An order granting reconsideration without resolving the underlying issues is not considered a final order under Labor Code section 5900. Therefore, the petition challenging the order granting reconsideration was dismissed as procedurally improper.

Petition for ReconsiderationInterlocutory Procedural OrdersFinal OrderLabor Code Section 5900California Worker's Compensation PracticeGumilla v. Industrial Acc. Com.Safeway Stores v. Workers' Comp. Appeals Bd. (Pointer)Dufault v. Workers' Comp. Appeals Bd.Ortiz v. Workers' Comp. Appeals Bd.Ascough v. Workers' Comp. Appeals Bd.
References
8
Case No. ADJ8077103
Regular
Jul 24, 2013

JAVIER CASTRO vs. COAST COOLING, INC., ZENITH INSURANCE

This case concerns a Petition for Reconsideration filed by the defendants, Coast Cooling, Inc. and Zenith Insurance, challenging the Appeals Board's prior order granting reconsideration. The Board dismissed the petition because reconsideration can only be sought from a final order, decision, or award. An order granting reconsideration, without resolving the underlying issues, is not considered a final order. Therefore, the defendants' petition was dismissed as procedurally improper.

Petition for ReconsiderationFinal OrderInterlocutory OrderLabor Code § 5900Gumilla v. Industrial Acc. Com.Safeway Stores v. Workers' Comp. Appeals Bd.Dufault v. Workers' Comp. Appeals Bd.Ortiz v. Workers' Comp. Appeals Bd.City of Los Angeles v. Industrial Acc. Com.Hanna
References
5
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