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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. 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
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. SAC 342547
Regular
Jun 06, 2008

CLIFFORD J. FARIA vs. BEST BUY COMPANY, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. This decision addresses disputes regarding the applicant's right to change treating physicians, the defendant's Medical Provider Network (MPN) obligations, and the calculation of the applicant's average weekly earnings. The Board requires further development of the record on these key issues.

Workers' Compensation Appeals BoardBest Buy CompanyAce American Insurance CompanyClifford FariaOpinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge (WCJ)Treating PhysicianMedical Provider Network (MPN)Temporary Disability Indemnity
References
Case No. ADJ8061031
Regular
Nov 08, 2014

VERONICA NGUYEN vs. BJ'S RESTAURANTS, ILLINOIS NATIONAL INSURANCE COMPANY

This case involves a petition for reconsideration of an order granting reconsideration. The Appeals Board dismissed the petition because reconsideration can only be sought from a final order, not an interlocutory procedural one. Granting reconsideration without resolving the underlying issues does not constitute a final order. The Board admonished the petitioner for wasting resources and ordered them to clarify their correct name.

Petition for ReconsiderationFinal OrderInterlocutory Procedural OrdersGranting ReconsiderationDismissedNon-final OrderAdmonish PetitionerWCJAppeals BoardLabor Code § 5900
References
Case No. ADJ7077460
Regular
Nov 04, 2013

MARIA ZEPEDA vs. CANDLE LAMP COMPANY, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendants' Petition for Reconsideration. The Board ruled that a petition for reconsideration can only be filed after a final order, and the Board's prior order granting reconsideration was interlocutory, not final. Because the petition sought reconsideration of a non-final order, it was procedurally improper and thus dismissed. The Board also noted the defendants' failure to respond to the initial petition for reconsideration.

Petition for ReconsiderationFinal OrderInterlocutory OrderGranting ReconsiderationOrder Vacating DismissalLien ClaimantWCJ's ReportLien Activation FeeProof of ServiceDismissed
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
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. ADJ513626 (SDO 0296833)
Regular
May 26, 2017

ROBERT GRAVLIN vs. CITY OF VISTA

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration on its own motion in the case of Robert Gravlin v. City of Vista. This action is taken to allow for further study of the legal and factual issues after a prior Opinion and Order were issued. All future correspondence related to this reconsideration must be filed directly with the WCAB Commissioners' office in San Francisco, not with any district office. Parties are reminded that a Workers' Compensation Judge cannot approve a settlement while a case is pending before the Appeals Board on reconsideration.

Workers' Compensation Appeals BoardBoard Motion ReconsiderationCity of VistaPermissibly Self-InsuredADJ513626SDO 0296833San Diego District OfficeOrder Granting ReconsiderationOpinion and OrderPetition for Reconsideration
References
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
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