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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. 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. ADJ7813636
Regular
Oct 28, 2013

RAMONA GARNICA vs. ESPARZA ENTERPRISES

Willow Medical Group sought reconsideration of a dismissed lien, alleging it had paid all required fees. However, the administrative law judge (WCJ) reported no order dismissing the lien on the date cited by Willow. Since reconsideration is only available for final orders and no such order exists in the record, the Workers' Compensation Appeals Board dismissed Willow's petition. The lien claimant's prior dismissal order had already been vacated by the WCJ.

Lien claimantPetition for ReconsiderationDismissed lienOrder to DismissVacated orderCompromise and ReleaseWCJ ReportEAMS recordProcedural historySubstantive right
References
Case No. ADJ7627106
Regular
May 09, 2014

ANGELINA GOMEZ vs. THE MILLARD GROUP/GLENDALE GALLERIA, NATIONAL UNION FIRE INSURANCE COMPANY OF STATE OF PENNSYLVANIA

This case involves a lien claimant's untimely petition for reconsideration of a dismissal order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the judge's prior order vacating the dismissal. The WCAB found that the lien claimant failed to file their petition for reconsideration within the statutory 20-day period after service of the dismissal order. Therefore, the WCAB rescinded the order vacating dismissal and reinstated the original order dismissing the lien claimant's lien.

Workers' Compensation Appeals BoardLien claimantOrder Vacating DismissalOrder Dismissing LienPetition for ReconsiderationStatutory time periodLabor Code section 5900Rule 10562Compromise and ReleaseLien conference
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. ADJ4477697 (LBO 0353551)
Regular
2013-05-00

TOBOSS BELL (DECEASED) vs. GENERAL MOTORS CORPORATION, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision that had vacated a dismissal order. The Board found that the September 30, 2011 dismissal for lack of prosecution was a final order, and the applicant failed to file a timely petition for reconsideration. Because the applicant missed the statutory deadlines, the Board could not reinstate the case and instead reinstated the original dismissal order.

Workers' Compensation Appeals BoardFindings and OrderPetition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissPetition to VacateFinal OrderContinuing JurisdictionLabor Code
References
Case No. ADJ8245988
Regular
Sep 12, 2013

REGINALD WILSON vs. UNIVERSITY OF CALIFORNIA DAVIS MEDICAL CENTER

The Appeals Board granted reconsideration, rescinded the judge's order vacating dismissal, and reinstated the original dismissal of the applicant's workers' compensation claim. The Board found no good cause to reopen the dismissed claim, as the applicant failed to seek timely reconsideration and his concerns about retaliatory termination were unrelated to the original injury. However, the applicant may still pursue his separate Labor Code section 132a discrimination claim.

Workers' Compensation Appeals BoardOrder Vacating Order of DismissalOrder of Dismissalreconsiderationres judicataLabor Code section 132agood causereopeningpro perminutes of hearing
References
Case No. ADJ9785760
Regular
Jan 17, 2017

MARGARITO SANDOVAL vs. RECANA, LLC, UNINSURED; NINA'S MEXICAN FOOD

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding it was improperly filed against an order that was not a final determination. The WCAB also denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted by the circumstances. The WCJ had properly vacated an order of dismissal without prejudice, retaining jurisdiction and allowing the applicant to pursue their claim. The Board found no substantial prejudice or irreparable harm to the defendant.

Petition for ReconsiderationPetition for RemovalOrder Vacating Order of DismissalDismissal without prejudicePetition for Dismissal for Lack of ProsecutionNotice of Intention to DismissLabor Code section 5410Labor Code section 5803substantial justiceextraordinary remedy
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. 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
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