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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. 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. ADJ11116979
Regular
Oct 19, 2018

DIANA RAY vs. PRG INSURANCE RECRUITERS, EVEREST NATIONAL INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the underlying August 28, 2018 order was not a "final" order. The WCAB granted a petition for removal, finding that the WCJ's August 28, 2018 decision was interlocutory and not a final determination of substantive rights or liabilities. Consequently, the WCAB rescinded the WCJ's prior decision and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJFinal OrderSubstantive RightThreshold IssueInterlocutoryProcedural OrderEvidentiary Decision
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. ADJ4201900 (OAK 0256105) ADJ1515754 (OAK 0212526) ADJ868359 (OAK 0282983)
Regular
Feb 27, 2017

GRACE BEATTY vs. KAISER FOUNDATION HEALTH PLAN HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration. The petitions sought to revisit a Minute Order that placed the case off calendar, which is not a final order. A petition for reconsideration can only be taken from a final order that determines substantive rights or liabilities. Therefore, the WCAB found the petitions procedurally improper and dismissed them.

Workers' Compensation Appeals BoardPetition for ReconsiderationOff Calendar OrderCompromise and ReleaseSubsequent Injury Benefits Trust FundNon-Final OrderLabor CodeFinal OrderSubstantive RightLiability
References
Case No. ADJ8091143
Regular
Jul 24, 2013

ELISE AINSLEY vs. RESCARE INC.; ACE AMERICAN INSURANCE COMPANY, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed from a non-final, interlocutory discovery order, which is not subject to reconsideration. The Board also denied the Petition for Removal, adopting the judge's reasoning and finding no substantial prejudice or irreparable harm. The defendant was admonished for improperly seeking reconsideration of an interim order. Ultimately, both the petition for reconsideration and removal were dismissed.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightInterlocutory DecisionNon-Final OrderProcedural OrderEvidentiary DecisionDiscovery OrderAdministrative Law Judge
References
Case No. ADJ8770457
Regular
Apr 21, 2015

NICK IVANOFF vs. VIRONEX, BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Nick Ivanoff's Petition for Reconsideration. The WCAB found that a petition for reconsideration can only be filed from a "final" order, decision, or award, which must determine substantive rights or liabilities, or a fundamental threshold issue. The Judge's decision in this case was deemed an interlocutory procedural or evidentiary decision, not a final one. Therefore, the petition was dismissed as it was improperly filed.

Petition for ReconsiderationNon-final OrderFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionWorkers' Compensation Appeals Board
References
Case No. ADJ1047343
Regular
Dec 17, 2015

HELEN WILSON vs. CHEMOIL CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involved a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the fact that the petition sought reconsideration of a non-final order, which is not permissible under California Labor Code sections 5900(a), 5902, and 5903. The Board clarified that only final orders, which determine substantive rights, liabilities, or threshold issues, are subject to reconsideration. The WCJ's decision in this instance was deemed an interlocutory procedural or evidentiary ruling, thus not a final order.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsWCJ
References
Case No. ADJ1906031 (LAO 0780171)
Regular
Jun 06, 2013

CARMEN RAYAS vs. SODEXO, INC., INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC.

This Workers' Compensation Appeals Board (WCAB) order dismisses the petition for reconsideration because it was not taken from a final order that determined substantive rights or liabilities. The WCAB also denies the petition for removal, finding no showing of substantial prejudice or irreparable harm if removal is not granted. The decision adopts and incorporates by reference the reasoning of the administrative law judge's report and recommendation. Therefore, the petition is dismissed, and removal is denied.

Workers Compensation Appeals BoardPetition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionEvidentiary DecisionPetition for RemovalSubstantial Prejudice
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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