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

Case No. ADJ8508466
Regular
Nov 05, 2013

ROBERTO RAMIREZ (Deceased); MARIA GUADALUPE DIAZ de RAMIREZ, Guardian ad Litem for MARIA LINA RAMIREZ DIAZ, vs. VISTA PAINT CORPORATION, Permissibly Self-Insured,

This Workers' Compensation Appeals Board decision grants reconsideration and returns the case to the trial level for further proceedings. While the WCJ correctly found the daughter was partially dependent, the Board noted an incomplete record regarding the wife's dependency status and potential eligibility under Labor Code section 3501(b). The Board also found the issue of attorney fees was not decided. Consequently, the matter is remanded for determination of the wife's dependency, the correct death benefit amount, and attorney fees, or for clarification on why these issues were not previously addressed.

Workers' Compensation Appeals BoardRoberto RamirezMaria Guadalupe Diaz de RamirezMaria Lina Ramirez DiazVista Paint CorporationLabor Code section 3501(a)Labor Code section 3501(b)conclusive presumptiondependencypartial dependent
References
Case No. ADJ8642319
Regular
Apr 24, 2015

ISABEL RAMIREZ-RAMOS (spouse), ANGEL RAMIREZ (deceased) vs. OSTERIA COPPA, LLC, TRUCK INSURANCE EXCHANGE (FARMERS INSURANCE)

This case involves a deceased worker whose employer, Osteria Coppa, LLC, is challenging the Workers' Compensation Appeals Board's award of death benefits. The employer argued the WCJ erred by disallowing cross-examination and excluding a medical report. The Board denied reconsideration, affirming the original award because the employer failed to reject the claim within 90 days, thus triggering a presumption of compensability under Labor Code section 5402(b). Furthermore, the employer could not rebut this presumption with the excluded medical report, as the information it contained was discoverable within the 90-day period through reasonable diligence.

WCABIsabel Ramirez-RamosAngel RamirezOsteria CoppaLLCTruck Insurance ExchangeADJ8642319Opinion and Order Denying Petition for Reconsiderationindustrial injurydeath benefits
References
Case No. ADJ12790054
Regular
Aug 11, 2025

THANH DINH vs. HODO INC.; CYPRESS INSURANCE COMPANY

Applicant and Defendant both filed Petitions for Reconsideration of a Findings and Award (F&A) issued on May 30, 2025. Applicant contended issues with permanent disability apportionment and inability to compete in the open labor market, seeking 100% disability. Defendant asserted incorrect occupational code and method for combining impairments. The Workers' Compensation Appeals Board reviewed the petitions, the WCJ's reports, and the record, noting inconsistencies and a need for further review regarding permanent disability, apportionment under Escobedo v. Marshalls, vocational reporting, and the application of Vigil v. County of Kern regarding impairment combination. Therefore, the Appeals Board granted both petitions and deferred the final decision after reconsideration to allow for a comprehensive review of the factual and legal issues.

Permanent disabilityApportionmentVocational rehabilitationMedical-legal reportsOccupational codeDRE Category IVWhole person impairmentAddition vs. Combination of impairmentsLabor Code section 5909Petition for Reconsideration
References
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. ADJ4563980 (LAO 0870462) ADJ1692003 (LAO 0870463) ADJ4194895 (LAO 0870464)
Regular
May 24, 2012

EVA RAMIREZ vs. PEDUS SERVICES, CHARTIS

In *Ramirez v. Pedus Services; Chartis*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. This denial means the case will proceed without the requested removal to the Board for review at this stage.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenying RemovalADJ4563980ADJ1692003ADJ4194895LAO 0870462LAO 0870463LAO 0870464
References
Case No. ADJ145246 (AHM 0130547)
Regular
Oct 11, 2010

Stephen Ramirez vs. Nick's Courier, SCIF INSURED GLENDALE

This case involves applicant Stephen Ramirez seeking reconsideration of a Workers' Compensation Appeals Board decision. The Board reviewed the petition and the Workers' Compensation Judge's report, finding no basis for overturning the original ruling. Consequently, the Board denied the Petition for Reconsideration, affirming the prior decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law Judgedenial of reconsiderationADJ145246State Compensation Insurance FundSCIFNick's CourierStephen RamirezAHM 0130547
References
Case No. ADJ2033145 (LAO 0877321) ADJ1126357 (LAO 0877370)
Regular
Jun 06, 2012

PABLO RAMIREZ vs. BAU FURNITURE MANUFACTURING, BERKSHIRE HATHAWAY

This Workers' Compensation Appeals Board case involved applicant Pablo Ramirez and defendants Bau Furniture Manufacturing and Berkshire Hathaway. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but dismissed a remaining lien balance for Paramount Physicians Medical Group with prejudice. This modification specifically addressed a lien claim previously asserted.

WORKERS' COMPENSATION APPEALS BOARDPABLO RAMIREZBAU FURNITURE MANUFACTURINGBERKSHIRE HATHAWAYADJ2033145ADJ1126357OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONworkers' compensation administrative law judgeWCJ
References
Case No. ADJ7050497, ADJ7050515
Regular
Sep 09, 2014

Antonio Ramirez Martinez vs. Universe Project Management, First Comp Insurance Agency

The Workers' Compensation Appeals Board (WCAB) dismissed Antonio Ramirez Martinez's petition for reconsideration. The WCAB adopted the administrative law judge's report, which found the petition to be untimely and "skeletal." Consequently, the petition was formally dismissed. This ruling means the prior decision on the case remains in effect without further review by the Board.

Petition for ReconsiderationDismissalUntimelySkeletalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationADJ7050497ADJ7050515Los Angeles District Office
References
Case No. ADJ7373420
Regular
Oct 21, 2014

JAIME TORRES TAVERA vs. T AND P FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's Petition for Reconsideration in the case of Jaime Torres Tavera v. T And P Farms; Zenith Insurance Company. This decision was made due to statutory time constraints and an initial review suggesting further study of the factual and legal issues is necessary. The WCAB aims to thoroughly understand the record to issue a just and reasoned decision after reconsideration. All future communications related to this case must be filed in writing with the WCAB Commissioners' office, not any district office or via e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardT and P FarmsZenith Insurance CompanyAugust 62014statutory time constraintsfactual issueslegal issuesjust and reasoned decision
References
Case No. ADJ564696
Regular
Mar 01, 2010

JESSE MILES (Deceased) vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, SCIF STATE EMPLOYEES COMMERCE

The Appeals Board denied the applicant's petition for reconsideration, which sought to retroactively change the permanent and stationary (P&S) date from October 16, 2006, to March 25, 2003, based on an industrial orthopedic injury. The Board affirmed the prior finding that the P&S date was October 16, 2006, as stipulated by the parties, and that the applicant was adequately compensated for temporary disability. While the applicant died before the reconsideration, Labor Code section 4700 does not mandate changing the P&S date for accrued benefits. Therefore, the Board found no good cause to disturb the stipulation regarding the P&S date.

Workers Compensation Appeals BoardJesse MilesCalifornia State Department of CorrectionsSCIF State Employees CommerceOpinion and Order Denying Petition for ReconsiderationPermanent Disability AwardPulmonary EmbolismNon-IndustrialPermanent and Stationary (P&S) DateIndustrial Orthopedic Injury
References
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