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Case Law Database

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

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. ADJ8759846
Regular
Jun 05, 2025

Manuel Agurto vs. Peterberg Construction, Inc.; Praetorian Insurance Work Comp Program

Applicant, Manuel Agurto, seeks reconsideration of the February 4, 2025 Findings and Order (F&O) where the WCJ found injury to his psyche and determined his average weekly wage. The WCJ's Opinion on Decision (OOD) also included findings of injury to other body parts and awarded future medical for some. Applicant challenged various interlocutory issues. The Workers' Compensation Appeals Board granted the Petition for Reconsideration to rescind the F&O and substitute it with a Findings, Award, and Order (FA&O) to reflect all of the WCJ's findings, awards, and orders, including additional body parts injured and an award of future medical, while deferring other issues for further development of the record. The Board admonished applicant's attorneys for frivolous conduct.

AOE/COEpsyche injuryAMEPQMEoccupational group 480Labor Code 4453(c)(4)petition for reconsiderationfinal orderinterlocutory issuesremoval standard
References
8
Case No. ADJ7828356
Regular
Dec 27, 2018

ELIZABETH ZAVALA vs. EMPLOYMENT SOLUTIONS, TRISTAR RISK MANAGEMENT FOR CASTLEPOINT NATIONAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves lien claimant petitions for reconsideration of two WCJ orders. The first petition was dismissed as moot because the challenged Findings and Award was subsequently rescinded. The second petition was also dismissed because the Order Rescinding Findings and Award for Lien Claim is not a final order, and reconsideration is only permitted from final decisions. Therefore, both petitions for reconsideration were dismissed as they were procedurally improper.

Workers' Compensation Appeals BoardElizabeth ZavalaEmployment SolutionsTristar Risk ManagementCastlepoint NationalCalifornia Insurance Guarantee AssociationADJ7828356Petition for ReconsiderationFindings and AwardOrder Rescinding Findings and Award
References
4
Case No. ADJ8286219
Regular
Feb 20, 2013

RAMON BERNARDINO vs. BAYVIEW VINEYARDS and CRUM FORSTER

In this workers' compensation case, the defendant, Bayview Vineyards, sought to rescind an order awarding applicant's counsel fees and penalties. The defendant argued that the awarded fee of $1,633.00 had already been paid prior to the order. The Appeals Board, finding no opposition from the applicant's counsel, granted the defendant's petition for removal. Consequently, the order awarding the fees and penalties was rescinded, as payment was confirmed to have been made.

Petition for RemovalLabor Code §5710 FeesPenaltiesWCJOrder Granting PetitionRescind OrderWorkers' Compensation Appeals BoardDecision After RemovalBradford & BarthelJohn Bloom
References
0
Case No. ADJ2663736 (SFO 0480309), ADJ2844751 (SFO 0480630)
Regular
Jan 05, 2012

VILMA TENTNOWSKI vs. PEROTTI & CARRADE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior order granting reconsideration because the defendant's petition was not taken from a final order. Therefore, the Board dismissed the petition for reconsideration and denied it as a petition for removal. A dissenting commissioner argued that reconsideration should not have been granted but believed the WCJ's original finding of 95% permanent disability was correct. The dissenter advocated for reinstating the original award based on existing medical evidence.

Workers' Compensation Appeals BoardPerotti & CarradeState Compensation Insurance FundPetition for ReconsiderationPetition for RemovalImprovidently GrantedFinal OrderMedical Record DevelopmentPermanent DisabilityPsychiatric Disability
References
3
Case No. ADJ6780734
Regular
Sep 08, 2011

Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

Writ of MandatePetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseFindings Award and OrderAdministrative Law JudgeAppeals BoardIndustrial InjuryPermanent DisabilityApportionment
References
2
Case No. ADJ2483385 (MON 0345351)
Regular
Aug 02, 2011

DAVID VELASQUEZ vs. PACIFIC ENERGY CONSTRUCTION CORP., AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The Appeals Board granted reconsideration and removed the case to itself after the WCJ issued a Findings and Award for applicant's industrial injury including sleep disorder. Subsequently, the parties reached a Compromise and Release (C&R) settlement while the defendant's reconsideration petition was pending. The WCJ improperly approved the C&R after her jurisdiction had expired according to Appeals Board rules. The Board rescinded the prior Findings and Award and WCJ orders, returning the case to the trial level for proceedings on the C&R, and specifically rescinded the WCJ's C&R approval order due to lack of jurisdiction.

Workers' Compensation Appeals BoardFindings and AwardCompromise and ReleasePetition for ReconsiderationWCJ jurisdictionReport and RecommendationIndustrial InjurySleep DisorderNeurological SystemInternal System
References
2
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. ADJ10070672 ADJ10070673 ADJ10070674
Regular
Sep 12, 2018

JOAO GOMEZ vs. JP ELECTRIC SERVICES, INC, NEW YORK MARINE \& GENERAL INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a finding of contempt and award of fees against applicant's law firm, Gordon & Gordon. The WCAB found the original order procedurally defective, lacking proper notice and findings for contempt and sufficient documentation for the fee award. While rescinding the sanctions, the WCAB strongly admonished Gordon & Gordon for its repeated failures to appear, stating that proper procedures could have led to valid sanctions. The matter was returned to the trial level for further proceedings.

Petition for ReconsiderationContempt of CourtFee AwardProcedural DefectSubstantive DefectFailure to AppearShow Cause HearingLabor Code Section 5813SanctionsDue Process
References
8
Case No. MISSING
Regular Panel Decision
Mar 06, 2014

In Re the Arbitration Between Delaney Group, Inc. & Holmgren Enterprises, Inc.

This case involves cross-appeals from a Supreme Court order concerning an arbitration dispute between a prime contractor (Petitioner) and a subcontractor (Respondent) on a public work project. Respondent initially sought additional payment via arbitration, leading to an award that included credits for Petitioner. After a request for clarification, the arbitrator issued a modified award removing these credits. Petitioner then sought to vacate both the original and modified awards, while Respondent sought to confirm the modified award. The Supreme Court vacated both arbitration awards and remanded the case for a rehearing, finding that the arbitrator exceeded authority in modifying the award and imperfectly executed powers in the original award by failing to address a key stipulation. The appellate court affirmed the Supreme Court's order, upholding the vacatur and remand of both arbitration awards.

ArbitrationContract DisputePublic Work ProjectSubcontractorPrime ContractorCross AppealsVacatur of AwardRemandArbitrator AuthorityCPLR 7511
References
7
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