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

Case No. ADJ2975271 (OXN 0141978)
Regular
Feb 09, 2018

BAUDELIO CHAVARRIA vs. AMERICAN LANDSCAPE, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted a petition for removal, rescinding a July 1, 2015, order that stayed proceedings on lien claims filed by Landmark Medical Management. This rescission was based on a conflict with a prior, overarching stay order issued on May 14, 2015, in a consolidated matter. The Board found that the earlier stay order takes precedence and ordered this matter consolidated with the previously stayed cases pending before WCJ Devine.

Petition for RemovalSupplemental Minute OrderLien ClaimsCriminal IndictmentsCivil ComplaintConflicting Stay OrderPrior Stay OrderRescindedAppeals BoardConsolidation
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. 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. ADJ9274305
Regular
Dec 15, 2014

SALVADOR REYES vs. AVP&H A CALIFORNIA CORPORATION, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed Salvador Reyes's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision. The Petition for Removal was dismissed as moot, as the underlying issue regarding a specific Qualified Medical Examiner appeared to be resolved. Both petitions were denied as they did not address substantive rights or liabilities. The order reflects standard practice for non-final and moot petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityMootnessQMEOrder to CompelMeet and Confer
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. ADJ7860537
Regular
May 05, 2017

RICKY MCNEILL vs. MARINA SHIPYARD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order approving a settlement for a medical lien. The defendant argued the lien claimant's provider was indicted for fraud, triggering an automatic stay under Labor Code section 4615. The WCAB found the petition timely and, absent contrary evidence, rescinded the order to allow the trial judge to determine if the stay applies. The matter was returned for further proceedings on the applicability of the statutory stay.

Workers Compensation Appeals BoardPetition for ReconsiderationStipulation and Order to Pay Lien ClaimLabor Code Section 4615Automatic StayIndictment for FraudVoid OrderTimeliness of PetitionWCAB Rule 10507Rescind Order
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ8279903
Regular
Nov 30, 2015

NIEVES ORTIZ vs. JH DESIGN GROUP, THE HARTFORD

Lien claimants sought reconsideration of an administrative law judge's order consolidating and staying their liens, alleging due process violations. The Workers' Compensation Appeals Board dismissed their Petition for Reconsideration because the order was interlocutory and not a final determination of substantive rights. The Board also denied their Petition for Removal, adopting the reasoning of the administrative law judge's report. The decision clarifies that interlocutory procedural orders, like consolidation, are not subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLien ClaimantsOrder of ConsolidationStay of LiensDue ProcessInterlocutory OrderFinal OrderSubstantive Right
References
Case No. LBO 0384614
Regular
Jan 23, 2008

CAROLINA SALES vs. ROSS STORES, INC. and XL SPECIALTY INSURANCE, MJO STAFFING and AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order vacating a Compromise and Release (C&R). The Board then granted reconsideration on its own motion to rescind the original C&R approval. This action affirmed the WCJ's decision to vacate the C&R, effectively returning the parties to their pre-settlement status, due to the applicant's expressed confusion and potential lack of full understanding of the agreement's terms.

Compromise and ReleasePetition for ReconsiderationOrder VacatingFinal OrderLabor Code Section 5900Good CauseUnverified PetitionIndustrial InjuryApplicant's UnderstandingWCJ Discretion
References
Case No. ADJ6487905
Regular
Mar 30, 2012

SILVIA TORRES vs. OPTIMA STAFFING, INC., TAYLORED PERSONNEL & PAYROLL SERVICES, WAREHOUSE TECHNOLOGY, Inc., AMERICAN HOME ASSURANCE CO.

American Home Assurance sought reconsideration of a WCJ's denial of a stay pending a civil rescission action. The WCAB dismissed the petition for reconsideration because the order denying the stay was interlocutory and not a final decision. However, the Board granted removal of the case to itself to thoroughly review the complex factual and legal issues involved. This allows for further study and a more complete understanding before a final decision is issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalStay of ProceedingsRescission of PolicyFinal OrderInterlocutory OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law Judge
References
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