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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. 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 The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant.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. 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. 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. ADJ1737228 (LBO 0307803)
Regular
Aug 30, 2010

THOMAS MATHENY vs. CATALINA WATER COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Administered By XCHANGING For FREMONT INSURANCE COMPANY, In Liquidation

The California Workers' Compensation Appeals Board granted reconsideration of an order directing the defendant to pay a lien due to defective service. The defendant argued it did not receive notice of the lien claim or the order until after the deadline to object, thus being denied due process. The Board found issues with case number referencing and service of the Notice of Intention to Pay Lien, noting the defendant had not had a proper opportunity to present its defense. Consequently, the Board rescinded the order and returned the matter for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder to Pay LienNotice of Intention to Pay LienCompromise and ReleaseLabor Code Section 5903Official Address RecordCalifornia Insurance Guarantee AssociationLiquidationElectronic Adjudication Management System
References
Case No. VNO 0486618 VNO 0486619
Regular
Feb 05, 2008

GRISELDA LEYVA vs. HEALTHCARE SERVICES GROUP, INC., ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it sought review of an interlocutory procedural order, not a final decision. The order in question voided a conditional payment order for a lien claim due to apparent service and filing issues. The Board noted that the lien claimant's rights can still be addressed at a scheduled hearing or through a subsequent filing.

Lien claimantPetition for ReconsiderationOrder VoidingConditional Order to Pay Lien ClaimDue ProcessOfficial Address RecordInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability
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. 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. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
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