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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. ADJ9945229
Regular
Feb 20, 2018

THERESA HAVENS vs. KAISER PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an Order for Costs, which directed the defendant to pay $\$500.00$ for a deposition. The Board found that an Order for Costs constitutes a "final" order as it determines a substantive liability for the defendant. Therefore, reconsideration was the appropriate remedy, and the case was returned to the trial level for further proceedings.

Petition for ReconsiderationOrder for CostsRescinded OrderTrial LevelWCJ ReportAdministrative Law JudgeFinal OrderSubstantive LiabilityThreshold IssueInterlocutory Orders
References
Case No. ADJ3736897 (RIV 0044021)
Regular
Apr 07, 2014

TERESA BOLTON vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Appeals Board granted the lien claimant's petitions for removal, finding the defendant's petition for reconsideration untimely. The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant. Consequently, the November 27, 2013 minute order, requiring the defendant to pay the costs, was reinstated. The defendant's petition for reconsideration was dismissed as untimely.

Petition for RemovalPetition for ReconsiderationUntimely FilingWCJ AuthorityMinute OrderLien ClaimantCosts AwardRescinded OrderReinstated OrderAppeals Board
References
Case No. ADJ3213893 (AHM 0133460)
Regular
Sep 30, 2013

JOHN WIRTZ vs. MCKINLEY CHILDREN'S CENTER, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by the State Compensation Insurance Fund (SCIF) challenging a WCJ's order to pay $424.40 for a deposition. SCIF argued their due process rights were violated as their objection to the costs was seemingly not considered before the order was issued. The Appeals Board granted reconsideration, rescinded the WCJ's order, and returned the matter for further proceedings. This decision was based on the finding that SCIF was denied its due process right to be heard regarding the costs.

Labor Code Section 5811Petition for ReconsiderationWCJ OrderDue Process DenialDeposition CostsDholakia & AssociatesIke Kerhulas Ph.D.Interim OrderFinal OrderRight to be Heard
References
Case No. ADJ9613492
Regular
Sep 05, 2025

BRIGITTE PAIGE vs. COUNTY OF RIVERSIDE

Brigitte Paige, an office assistant, sustained injuries to her lumbar spine, hip, and psyche in 2014 while employed by the County of Riverside. San Diego Imaging, Inc., doing business as California Imaging Solutions, sought reimbursement for medical-legal services which the Workers' Compensation administrative law judge (WCJ) denied in Findings and Orders (F&O) on December 21, 2020. The Appeals Board granted reconsideration and found that the defendant's objection to an earlier Order Allowing Costs was untimely, making that order effective on April 2, 2019. Consequently, the Board rescinded the WCJ's F&O, substituted a new F&O finding the defendant liable for payment based on the April 2, 2019 order, and deferred the issue of costs and sanctions to the trial level.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersCost PetitionerMedical-Legal ServicesSubpoena Duces TecumCompromise and ReleaseStipulations with Request for AwardOrder Allowing CostsTimeliness of Objection
References
Case No. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
Case No. ADJ422285
Regular
Jun 01, 2010

KATHLEEN JONES vs. PALMDALE SCHOOL DISTRICT; TIG administered by RISK ENTERPRISE MANAGEMENT

The defendant sought removal of an order requiring reimbursement for deposition costs, arguing procedural error and that a less costly method was available. The Appeals Board denied removal, deeming the order a final decision on costs subject to reconsideration. The Board granted reconsideration on its own motion due to the order's non-compliance with procedural rules for "walk-through" orders. Consequently, the Board rescinded the original order and returned the matter to the trial level for further proceedings.

Petition for removalOrder for costsDeposition costsSupplemental reportDue processGood cause objectionReconsideration on Board motionFinal orderSubstantive rightLiability
References
Case No. ADJ7646278
Regular
May 25, 2012

KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY

Former applicant's counsel sought reconsideration of an arbitrator's order requiring them to pay $525.00 to reimburse the defendant for a failed deposition. The arbitrator based the order on a "fair balance" rather than bad faith, believing the defense was ready to proceed. However, the Appeals Board granted reconsideration, rescinding the cost order. The Board found that miscommunication between the applicant and his attorney, not counsel's fault, caused the deposition's failure.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFailed DepositionReimbursement of CostsLabor Code Section 5811MiscommunicationApplicant's CounselDefense CounselAward of Costs
References
Case No. ADJ1185205
Regular
Jun 22, 2012

ROSEMARY TORRES vs. PACIFIC BELL TELEPHONE CO.; HELMSMAN MANAGEMENT SERVICES

This case involves lien claimants seeking reconsideration of a WCJ's dismissal of their liens and an order for costs. The WCJ initially dismissed the liens for the lien claimant's failure to appear on time for a conference and awarded costs to the defendant due to the significant delay. The Board granted reconsideration, vacating the dismissal of liens as moot. However, the Board rescinded the order for costs because the lien claimant was not given proper notice and an opportunity to be heard before the costs were assessed, as required by statute.

Workers' Compensation Appeals BoardPacific Bell Telephone Co.Helmsman Management ServicesBilling Dynamicslien claimantDr. Alan MoellekenCarrillo Surgery CenterDismissal of LiensOrder to Pay CostsLabor Code § 5813
References
Case No. RIV 0073693
Regular
Jun 18, 2008

BARBARA BARBULA vs. SUNRISE HEALTHCARE CENTERS, EMPLOYERS INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's order that required an attorney to personally pay $500 in costs. The WCAB found no evidence in the record of a specific order mandating that attorney's personal appearance, nor that a substitute attorney's appearance constituted a violation. Reconsideration was deemed an adequate remedy, thus the petition for removal was dismissed.

WCABPetition for RemovalPetition for ReconsiderationOrder of CostsAttorney AppearanceWCJ AuthorityLabor Code § 5813Cal. Code Regs.tit. 8§ 10561
References
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