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Case Law Database

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

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. 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. 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. ADJ7427901
Regular
Oct 29, 2013

PABLO GONZALES vs. KVS TRANSPORTATION, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a finding that Pablo Gonzales sustained a specific industrial injury of Valley Fever on December 29, 2009. The Board found that while medical evidence did not support a specific injury date, the record might support a cumulative injury, occupational disease, or latent injury arising from employment. The case is returned to the WCJ to determine if pleadings should be amended to conform to this proof and to issue a new decision. Issues regarding self-procured medical treatment and medical-legal expenses were improperly addressed and should be limited to issues identified at trial.

Workers Compensation Appeals BoardKVS TransportationSeabright Insurance CompanyPablo GonzalesADJ7427901Findings and AwardReconsiderationIndustrial InjuryDecember 29 2009Chest
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. ADJ11391724, ADJ11391757
Regular
Oct 03, 2019

PABLO LOPEZ DURAN vs. SOUTH HILLS ACADEMY, CHURCH MUTUAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, CRESCENT HOTELS & RESORTS, LLC, CHUBB INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This Workers' Compensation Appeals Board case involves applicant Pablo Lopez Duran and multiple defendants including South Hills Academy, Church Mutual Insurance Company, Security National Insurance Company, Crescent Hotels & Resorts, LLC, and Chubb Insurance Group. The Board granted a petition for reconsideration and affirmed a prior order regarding sanctions and costs. Specifically, Chubb Insurance Group, administered by Gallagher Bassett Services, Inc., was ordered to pay an additional $395 for attorneys' fees related to a petition for fees, less any credit for prior payments.

WORKERS' COMPENSATION APPEALS BOARDSOUTH HILLS ACADEMYCHURCH MUTUAL INSURANCE COMPANYSECURITY NATIONAL INSURANCE COMPANYAMTRUST NORTH AMERICACRESCENT HOTELS & RESORTSLLCCHUBB INSURANCE GROUPGALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ8564064, ADJ8564068
Regular
Dec 18, 2014

MARIA RAMIREZ vs. PRIORITY BUSINESS SERVICES, TRAVELERS INSURANCE COMPANY

This case involves applicant Maria Ramirez's petition for removal, seeking to undo a notation on a Minute Order from a Mandatory Settlement Conference (MSC). Ramirez alleged irreparable harm from an order compelling her to attend a Qualified Medical Evaluation (QME) despite an agreement to use an Agreed Medical Evaluator (AME). The Board denied the petition, finding no evidence that the WCJ ordered a PQME or that Ramirez requested an AME examination with the proposed evaluator. The WCJ correctly took the cases off calendar due to the defendant's timely objection to Ramirez's Declaration of Readiness to Proceed, which relied on a deceased AME's report.

Petition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedAgreed Medical EvaluatorQualified Medical EvaluatorOff CalendarIrreparable HarmSubstantial PrejudiceWCJ OrderMinutes of Hearing
References
Case No. ADJ10721050
Regular
Aug 17, 2017

Ana Ramirez vs. Stanley Chan, Employers Compensation Insurance

The applicant, Ana Ramirez, sought reconsideration of a Stipulation and Award and Order (SAO) that resolved her Labor Code section 132a claim for \$4,000 minus attorney fees, with wage and hour claims unresolved. Ramirez claimed a lack of English proficiency and employer misrepresentations as grounds for her petition. However, at a subsequent hearing with an interpreter, Ramirez withdrew her Petition for Reconsideration, which was acknowledged by her signature on the Minutes of Hearing. Consequently, the Workers' Compensation Appeals Board dismissed the petition as withdrawn.

Stipulation and AwardPetition for ReconsiderationLabor Code section 132aDismissal with prejudiceWage and hour benefitsProficient in EnglishInterpreterMinutes of HearingWithdrawnWorkers' Compensation Appeals Board
References
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