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

Case No. ADJ7741312
Regular
Nov 27, 2013

MARIA GONZALEZ vs. MONTEREY PENINSULA COUNTRY CLUB

This case involves a petition for reconsideration filed by the applicant, Maria Gonzalez, against Monterey Peninsula Country Club. The applicant has formally withdrawn their petition for reconsideration of the September 24, 2013 decision. Consequently, the Workers' Compensation Appeals Board has dismissed the petition.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionSeptember 24 2013 decisionMonterey Peninsula Country ClubPermissibly Self-InsuredADJ7741312Salinas District OfficeMaria Gonzalez
References
Case No. ADJ8835941
Regular
Dec 09, 2013

DARREN BEAN vs. LAS POSAS COUNTRY CLUB, HARTFORD ACCIDENT & INDEMNITY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the petitioner's request for reconsideration of a prior decision. The original decision found that the applicant, Darren Bean, failed to prove an industrial injury sustained at Las Posas Country Club. This denial was based on the judge's report, which adopted the findings of fact and credibility assessments. The applicant's petition argued errors in relying on defense medical opinions and failing to apply Labor Code section 3202. However, the Board found the applicant lacked credibility due to inconsistent medical histories regarding prior injuries, and thus his treating physician's opinion was not substantial evidence.

WCABPetition for ReconsiderationDeniedCredibilityGarza v. Workmen's Comp. Appeals Bd.Las Posas Country ClubGallagher BassettGolf Cart AttendantCumulative TraumaNeck Injury
References
Case No. ADJ9989525 MF, ADJ9989520, ADJ9990228
Regular
Apr 24, 2017

SONIA MENJIVAR vs. SAN GABRIEL COUNTRY CLUB, ATHENS ADMINISTRATORS

In this case, the Workers' Compensation Appeals Board denied the applicant's petition for reconsideration and removal. The Board adopted the reasoning of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. Therefore, the applicant's request to review and potentially alter the ruling was unsuccessful.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWorkers' Compensation Administrative Law JudgedenialSan Gabriel Country ClubAthens AdministratorsADJ9989525ADJ9989520ADJ9990228
References
Case No. ADJ8881091
Regular
Mar 23, 2017

ARTURO JIMENEZ vs. SANTA ANA COUNTRY CLUB, ALLIANCE RESOLUTION

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was taken from a non-final interlocutory order. The WCAB also denied the petition for removal, finding that the defendant failed to demonstrate substantial prejudice or irreparable harm. The WCAB clarified that reconsideration is only available for final orders that determine substantive rights or threshold issues. Removal is an extraordinary remedy reserved for cases with demonstrable immediate harm, which was not established here.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Removalfinal ordersubstantive right or liabilitythreshold issueinterlocutory decisionprocedural ordersevidentiary issuesextraordinary remedy
References
Case No. LBO 0377371
Regular
Apr 28, 2008

EDUBIJES TORREZ vs. RED HILLS COUNTRY CLUB, CHUBB SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Chubb Insurance's petition for reconsideration, affirming the original finding that Edubijes Torrez sustained a cumulative trauma injury (leiomyosarcoma) due to chemical exposure as a groundskeeper. The Board found that despite the provision of protective gear in 1998, the applicant's exposure continued through his last year of employment, making Chubb, the insurer during that period, liable for the $100\%$ permanent disability award. Chubb's argument that exposure ceased in 1998 was rejected due to evidence of ineffective protective gear and continued exposure.

LeiomyosarcomaCumulative traumaLabor Code section 5500.5Injurious exposureRespirator protective gearLatency periodIndustrial chemical exposurePermanent disabilityGroundskeeperRed Hill Country Club
References
Case No. ADJ8191030
Regular
Jul 07, 2015

JUAN REYNOSO vs. OLD RANCH COUNTRY CLUB, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

In this workers' compensation case, the Workers' Compensation Appeals Board (WCAB) has dismissed the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in making this decision. Therefore, the petition seeking removal from the WCJ's decision is dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdismissincorporated decisionadministrative law judgeSanta Ana District OfficeADJ8191030Old Ranch Country ClubCalifornia Restaurant Mutual Benefit Corporation
References
Case No. ADJ3721868 (VNO 0540149), ADJ855172 (VNO 0540146), ADJ671254 (VNO 0540148)
Regular
Sep 05, 2018

AGUSTIN ZENDEJAS vs. CALABASAS GOLF & COUNTRY CLUB, EMPLOYERS COMPENSATION INSURANCE COMPANY, VIRGINIA SURETY COMPANY INC., FIRSTCOMP division of MARKEL SERVICE INC, dba MARKEL INSURANCE SERVICE

This case concerns appeals by defendants challenging an award of temporary disability benefits. The Appeals Board granted reconsideration, finding the award inconsistent with stipulated facts and medical evidence, particularly Dr. Alonso's report. The Board amended the findings to state the applicant is not owed temporary disability benefits after July 12, 2007. The issue of an overpayment credit was deferred to a WCJ for further proceedings.

Workers Compensation Appeals BoardAgustin ZendejasCalabasas Golf & Country ClubEmployers Compensation Insurance CompanyVirginia Surety CompanyFirstCompMarkel Service IncPetition for ReconsiderationFindings and AwardTemporary Disability Indemnity
References
Case No. ADJ704709 (RIV 0053815)
Regular
Sep 08, 2009

RAMON CHAVEZ vs. RANCHO MIRAGE COUNTRY CLUB, FEDERAL INSURANCE c/o CHUBB SERVICES, MITSUI SUMITOMO, AMERICAN NATIONAL FIRE, INCORPORATED, INSURANCE COMPANY OF NORTH AMERICA by and through ACE, USA/ESIS

This case concerns a workers' compensation claim settled via Compromise and Release, leaving medical lien claims outstanding. The defendant insurer, Federal, sought to join other insurers (INA and American) based on new evidence regarding the period of injurious exposure. The trial judge dismissed INA and American, finding Federal's claims barred by the statute of limitations for contribution. The Appeals Board granted reconsideration, holding that Federal was not seeking contribution but rather defending against a lien claim, making dismissal improper. The matter was returned to the trial level to determine liability for the medical treatment expenses.

Workers' Compensation Appeals BoardRamon ChavezRancho Mirage Country ClubFederal InsuranceMitsui SumitomoInsurance Company of North AmericaACE USA ESISLabor Code Section 5500.5(e)Statute of LimitationsApportionment
References
Case No. ADJ9478710
Regular
Apr 28, 2015

Hanna Kefetew vs. Neiman Marcus, Liberty Mutual Insurance Company

This case involves applicant Hannah Kefetew's petition for removal of a WCJ's order setting a trial for her workers' compensation claim. The petition was denied because the applicant failed to demonstrate substantial prejudice or irreparable harm. The Appeals Board also noted issues with proper attorney representation and service of documents. Reconsideration is deemed an adequate remedy if a final decision is adverse to the applicant.

Petition for RemovalWCJThreshold IssueInjury arising out of and occurring in the course of employmentCumulative PeriodAbdomenPsycheSubstantial PrejudiceIrreparable HarmIncomplete Discovery
References
Case No. ADJ7526524
Regular
Nov 15, 2013

LUIS GONZALEZ vs. ONTIC ENGINEERING MANUFACTURING, INSURANCE CO. OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order. The applicant's case was dismissed for failure to appear at trial, but the Board found this was an error. An attorney representative for the applicant was present at the trial, satisfying the appearance requirement. Furthermore, the applicant was not required to appear personally unless subpoenaed or given specific notice, which did not occur. The case was rescinded and returned for further proceedings.

WCABPetition for ReconsiderationOrder Dismissing CaseFailure to AppearOut of CountryPrior AttorneyWCAB Rule 10562(a)Hearing RepresentativeHearsay EvidenceMedical Reports
References
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