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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. ADJ15407478
Regular
May 22, 2025

MARIA CORDOVA vs. GRUMA CORPORATION, ARCH INDEMNITY INSURANCE

The Workers' Compensation Appeals Board dismissed defendant's petitions for reconsideration and removal, challenging a WCJ's order to quash a notice to produce an out-of-state adjuster. The Board determined that the WCJ's order was an interlocutory procedural decision, not a final order subject to reconsideration, and that removal was not warranted due to a lack of substantial prejudice or irreparable harm. Furthermore, the Board found the petition moot as the notice to produce had expired or was explicitly quashed. The defendants and their attorneys were admonished for causing delays and filing a moot petition.

WCABPetition for ReconsiderationPetition for RemovalOrder Quashing Notice to ProduceInterlocutory OrderFinal OrderMootnessNotice to ProduceLabor Code § 5909WCJ
References
Case No. ADJ11344177
Regular
Jul 23, 2019

RONALD BELL, JR. vs. ALLIED UNIVERSAL TOPCO, LLC, ESIS

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal, rescinding a prior order that quashed subpoenas and directed the defendant to produce documents from a third party. The WCAB found the original order exceeded the administrative law judge's (ALJ) authority by ordering the defendant to produce documents they could not control and by going beyond the scope of the motion to quash. This decision ensures the defendant's right to object to discovery without being compelled to produce third-party records they lack the power to obtain. The case is returned to the trial level for further proceedings.

RemovalOrder Quashing SubpoenasOrder to ProduceCustodian of RecordsSubpoena Duces TecumDiscovery StatutesLabor Code § 130Code of Civil ProcedureInterlocutory OrdersStanding
References
Case No. ADJ3974204
Regular
May 05, 2015

MARIA CORTINA vs. EDGEWATER CONVALESCENT HOSPITAL, EVEREST NATIONAL COMPANY

This case involves a defendant's Petition for Reconsideration challenging a WCJ's order to quash deposition subpoenas. The defendant argues they were denied due process as they received no notice of the petition and thus no opportunity to oppose it. The Appeals Board dismissed the Petition for Reconsideration because the order was not final but granted removal. The Board rescinded the WCJ's order, finding the defendant was improperly denied notice and an opportunity to be heard, and that discovery was stipulated to remain open.

Petition for ReconsiderationPetition to QuashDeposition SubpoenaProtective OrderLien ClaimantStipulationDiscoveryDue ProcessNoticeOpportunity to Be Heard
References
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. ADJ10454294
Regular
Oct 23, 2016

GILBERT ELLINGER vs. JAVO BEVERAGES, OASIS OUTSOURCING

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal due to due process concerns. The Board found that the Administrative Law Judge (ALJ) improperly denied the defendant's Petition to Quash a deposition notice without providing the defendant an opportunity to be heard. The ALJ's order was also procedurally flawed as it was not properly served and did not comply with WCAB rules for walk-through petitions. Consequently, the Board rescinded the ALJ's order and returned the matter for further proceedings and a new decision.

Petition for RemovalPetition to QuashDeposition NoticeIndustrial InjuryBack InjuryMaintenance WorkerWCJ OrderDue ProcessNotice and Opportunity to be HeardWalk-through Petition
References
Case No. ADJ9813773
Regular
Apr 04, 2019

Christina Eastland vs. Orange County Transportation Authority

The Workers' Compensation Appeals Board granted removal to the defendant, Orange County Transportation Authority. This decision rescinded a prior Minute Order that compelled depositions over the defendant's objection. The Board found the Minute Order violated the defendant's due process rights by failing to provide adequate notice that employee witness depositions, rather than QME depositions, would be addressed. Therefore, the case is returned to the trial level for proper notice and an evidentiary hearing.

Petition for RemovalDue ProcessMinute OrderWCJEmployee Witness DepositionsDeclaration of Readiness to ProceedStatus ConferenceObjection and Motion to QuashProtective OrderOrder to Quash
References
Case No. ADJ9496892
Regular
Sep 15, 2025

JUNE JONES vs. CALIFORNIA SPECIAL PATROL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant's attorney sought reconsideration of an Order Rescinding Submission, Order Vacating Finding and Order, and Order to Develop the Record dated June 27, 2025, arguing further record development was unnecessary. The Workers' Compensation Judge (WCJ) recommended dismissal of the reconsideration petition and denial if treated as a petition for removal. The Appeals Board timely acted on the petition but noted issues with notice of transmission to the parties. They dismissed the petition for reconsideration, deeming the underlying order non-final, and denied the petition for removal, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding SubmissionFindings and OrderLabor Code section 5909Transmission of CaseElectronic Adjudication Management SystemNotice of TransmissionFinal Order
References
Case No. SAU10030321
Regular
Oct 08, 2019

BRIAN DUARTE vs. ALL ABOUT PAINT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Brian Duarte's petition for reconsideration because it was not filed from a "final" order, decision, or award. A final order must determine a substantive right or liability, or a fundamental threshold issue, not interlocutory procedural or evidentiary matters. The WCJ's order consolidating cases, designating a master file, staying liens, and noticing a hearing was deemed an interlocutory procedural order and therefore not subject to reconsideration.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary DecisionOrder of ConsolidationDesignation of Master File
References
Case No. ADJ4124248
Regular
Jan 16, 2018

MATEO BARDALES vs. SUPERIOR CONSTRUCTION, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claimant. The claimant argued due process was violated due to lack of notice. The Board found no proof of service for notices of hearing or intention to dismiss, supporting the claimant's position. Consequently, the dismissal order was rescinded, and the matter was returned for further proceedings.

Petition for ReconsiderationOrder Dismissing LienDue Process ViolationNotice of Intention to DismissProof of ServiceEAMSLien ConferenceWCJ OrderRescind OrderReturn to Trial Level
References
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