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

Case No. ADJ3524170 (SAL 0120031)
Regular
Feb 08, 2012

PEDRO AYALA, Deceased MARIA AYALA, Widow vs. PENINSULA FLOORS, INC., NATIONAL UNION FIRE INSURANCE, C/O AIG AND BASIC FOODS/CONAGRA, LUMBERMENS MUTUAL INSURANCE

This case involves a petition for reconsideration and removal that was dismissed by the Workers' Compensation Appeals Board. The Board found that the order at issue, which joined a party, was not a final order. Consequently, the Board adopted the Administrative Law Judge's report and denied both reconsideration and removal.

Workers' Compensation Appeals BoardPEDRO AYALAMARIA AYALAPENINSULA FLOORSINC.NATIONAL UNION FIRE INSURANCEBASIC FOODS/CONAGRALUMBERMENS MUTUAL INSURANCEOrder Dismissing ReconsiderationDenying Removal
References
1
Case No. ADJ6820021, ADJ6820115, ADJ6820640, ADJ6820664
Regular
May 11, 2012

GENOVEVA AYALA vs. WARNER BROTHERS

This case involves Genoveva Ayala's workers' compensation claims against Warner Brothers for multiple injuries. The Administrative Law Judge (WCJ) found some injuries to be established but excluded applicant's medical evidence regarding neurological and internal injuries due to alleged procedural violations. The Appeals Board granted reconsideration, finding that the applicant should have an opportunity to obtain admissible medical reports through the Qualified Medical Evaluator (QME) process, as defendants allegedly interfered with this process. Consequently, the issue of neurological and internal injuries is deferred for further evaluation.

Workers' Compensation Appeals BoardGenoveva AyalaWarner BrothersPermissibly Self-InsuredJoint Partial Findings of FactOrders and Notice of Intention to Appoint Regular PhysicianWorkers' Compensation Administrative Law Judge (WCJ)orthopedic injurycumulative traumaneurological system
References
5
Case No. ADJ6931203
Regular
Sep 30, 2015

JESUS AYALA vs. TRANSTAR INDUSTRIES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) dismissed Jesus Ayala's petition for reconsideration because it was not taken from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The WCAB also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. Removal is an extraordinary remedy granted only in exceptional circumstances. Therefore, the petition seeking both reconsideration and removal was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory Procedural DecisionEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
6
Case No. ADJ10851942
Regular
Mar 29, 2019

PEDRO RIVADENEYRA vs. MARRIOTT INTERNATIONAL, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board denied Pedro Rivadeneyra's Petition for Reconsideration and dismissed his Petition for Removal. The Board found that the sole issue challenged, treatment outside the Medical Provider Network (MPN), was an interlocutory order. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. Reconsideration was deemed an adequate remedy if a final adverse decision were to issue.

Petition for ReconsiderationPetition for RemovalMedical Provider Network (MPN)AOE/COEinterlocutory ordernon-final orderextraordinary remedysubstantial prejudiceirreparable harmadequate remedy
References
2
Case No. ADJ1845129
Regular
Jun 11, 2009

PEDRO RODRIGUEZ vs. MAGREER, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to applicant Pedro Rodriguez. The Board found that the applicant's petition to reopen for new and further disability was timely filed within the five-year statute of limitations. Consequently, the Board rescinded the lower judge's decision which had dismissed the claim based on a mistaken jurisdictional time bar. The case is remanded for further proceedings to determine the extent of applicant's increased permanent disability.

New and Further DisabilityPetition to ReopenLabor Code Section 5410Statute of LimitationsJurisdictional BarPermanent Disability IndemnityQualified Medical EvaluatorVocational RehabilitationStipulated AwardAggravation of Injury
References
7
Case No. ADJ9145995
Regular
Mar 02, 2017

PEDRO SANCHEZ vs. JACK IN THE BOX, ACE AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) decision denies Pedro Sanchez's petition for reconsideration. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ), giving great weight to the judge's credibility determination from observing the witness. The Board found no substantial evidence to overturn the WCJ's decision. Additionally, the WCAB admonished applicant's attorney for failing to reference exhibits, noting proper service of the Summary of Evidence and the attorney's obligation to recall their own submissions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental ProceedingsTaking Additional EvidenceWCJCredibility DeterminationSummary of EvidenceOfficial Address RecordExhibitsGarza v. Workmen's Comp. Appeals Board
References
1
Case No. ADJ2350990 (LAO 0869298)
Regular
Nov 12, 2010

Zoila Ayala vs. L.A. METROPOLITAN MEDICAL CENTER, THE TRAVELERS COMPANIES, INC.

This case concerns Zoila Ayala's workers' compensation claim for a neck, back, and psyche injury. The applicant seeks reconsideration of a finding that apportioned her permanent disability to a prior 1991 award. The Board granted reconsideration, rescinding the prior award. This action was taken because the defendant failed to prove the extent of overlap between the prior and current disabilities and that both were rated under the same standard, as required by Labor Code section 4664. The matter is returned for further proceedings to determine the proper apportionment.

ApportionmentLabor Code section 4664Permanent DisabilityPrior Industrial InjuryOverlapping DisabilityRating ScheduleAgreed Medical ExaminerOrthopedicsPsychiatryWCJ
References
5
Case No. ADJ6946148
Regular
May 22, 2018

MAXIMILIANO RODELA vs. PEDRO & EDELMIRA VELASQUEZ dba LLANTERA TIRE CENTER

Defendant Pedro Velasquez petitioned for reconsideration of the Appeals Board's prior decision, which rescinded a WCJ's order and found applicant sustained injuries to multiple body parts. The Board dismissed the petition because defendant failed to properly serve it on all adverse parties, specifically the applicant and his own attorney. Even if service had been proper, the Board found the petition lacked merit, reiterating its prior reasoning regarding the bunkhouse rule and the sufficiency of evidence. Therefore, the Board dismissed the Petition for Reconsideration.

Petition for ReconsiderationDismissalIncomplete ServiceLabor Code Section 5905WCAB Rule 10850Adverse PartiesProof of ServiceWorkers' Compensation Appeals BoardUninsured Employers Benefits Trust FundLaw Offices of Michael Singer
References
1
Case No. ADJ3983015 (GRO 0034612) ADJ4506616 (GRO 034613)
Regular
Jan 03, 2011

Pedro Villagrana vs. SOMBRILLA MANAGEMENT LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award. The applicant, Pedro Villagrana, claimed a psychiatric injury as a consequence of an orthopedic injury sustained on May 30, 2006. The Board found the prior decision, which barred the psychiatric claim due to insufficient employment duration with the new entity, Sombrilla Management, needed further evidentiary development. The matter was returned to the trial level to clarify the applicant's employer on January 1, 2006, and whether the business structure change constituted a new employer-employee relationship under Labor Code section 3208.3(d).

Labor Code section 3208.3(d)psychiatric injuryorthopedic injurycompensable consequencesix-month employment thresholdemployer-employee relationshipbusiness structure changenew employerlegal entityW-2 statements
References
1
Case No. 08-CV-3175 (JG)(JO)
Regular Panel Decision
Aug 25, 2009

Century 21 Real Estate LLC v. Bercosa Corp.

Century 21 Real Estate LLC sued Bercosa Corp. and its owner Pedro Bernard for breach of contract and trademark infringement under the Lanham Act. The defendants failed to respond to the complaint, leading to a motion for default judgment. Magistrate Judge James Orenstein issued a Report and Recommendation, which District Judge John Gleeson adopted, finding the defendants liable. The court awarded Century 21 a total of $319,832.32 in monetary damages, including contract claims, statutory damages, attorneys' fees, and costs. Additionally, the defendants were permanently enjoined from using the Century 21 Marks and ordered to cooperate in an audit of Bercosa’s books and records.

Default JudgmentTrademark InfringementLanham ActBreach of ContractFranchise AgreementMonetary DamagesInjunctive ReliefAttorneys' FeesAudit OrderWillful Violation
References
66
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