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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ3085614
Regular
May 21, 2009

Jose Ambriz vs. DESIGN SUPPORT, INC., ZURICH NORTH AMERICA

Defendant Design Support, Inc. and Zurich North America sought reconsideration after their Petition for Dismissal for Lack of Prosecution was denied for failure to serve the applicant's attorney of record. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that the dismissal notice was not filed with the Board and the attorney remained listed as counsel of record. Therefore, service was required, and the original denial was proper.

Petition for ReconsiderationDismissal for Lack of ProsecutionService of ProcessApplicant's AttorneyWorkers' Compensation Appeals BoardOfficial Address RecordWCJ ReportFaxed NoticeEAMSExcess of Powers
References
Case No. ADJ8951552, ADJ9303764
Regular
Feb 19, 2015

JAIME SERRANO vs. G & H X-PRESS, INC., MARKEL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order allowing a lien of $5,539.00 to Allied Services. The Board found the defendant's petition for reconsideration was timely because the prior order was defectively served on the defendant's attorney, who had not been properly listed on the Official Address Record. This lack of proper service meant the attorney did not receive notice of the order until shortly before filing the petition. The case is returned to the trial level for further proceedings on the lien claim.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Allowing LienDefective ServiceOfficial Address RecordElectronic Adjudication Management SystemLaw Firm AppearanceNotice of Intention to Allow LienRescinded OrderTimeliness of Filing
References
Case No. ADJ7180052
Regular
Dec 16, 2013

JEFF ALLMAN vs. HELEN TOWERS MANAGEMENT COMPANY, YORK VALENCIA

The Workers' Compensation Appeals Board dismissed Jeff Allman's Petition for Reconsideration as untimely. The original Findings and Award were issued on September 17, 2013, but the petition was not filed within the statutory 25-day deadline. Even if timely, the Board noted the petition was skeletal, failing to address the merits of the original decision. Furthermore, the Board found no record of Allman updating his address per regulations, and proof of service on his official address was valid.

Petition for ReconsiderationUntimely FilingOfficial Address RecordProof of ServicePresumption of ReceiptDWC Rule 10205.5(c)Skeletal PetitionFindings and AwardWorkers' Compensation Appeals BoardLabor Code section 5903
References
Case No. ADJ4637163
Regular
Sep 09, 2013

KATHY GLENN FIRMALO vs. JOHN C. FREMONT HEALTHCARE, DISTRICT; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of a lien claim. The lien claimant argued improper service of hearing notices, but the Board found their status as an unrepresented claimant allowed for direct service. Electronic records confirmed the lien claimant was in the Official Address Record at the time of service. The Board adopted the Administrative Law Judge's reasoning, emphasizing that the lien claimant provided no factual basis to rebut the service records.

WCABPetition for ReconsiderationDenying PetitionOrder Dismissing LienLien ClaimantUnrepresented Lien ClaimantNotice of RepresentationElectronic Adjudication Management SystemEAMSOfficial Address Record
References
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