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

Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
Case No. ADJ3362610 (AHM 0122924)
Regular
Jan 09, 2012

JOSE COLLASO, JOSE COLLAZO vs. PACIFIC FRESH FOOD CO., PREMIER STAFFING SOLUTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was filed 146 days after the original dismissal order, far exceeding the 25-day jurisdictional deadline. The Board noted that untimely petitions cannot be excused by mistake or excusable neglect, even if the applicant experienced homelessness. However, the WCAB will remand the case to the WCJ to treat the petition as a request to reopen the dismissal for good cause and schedule a hearing on that specific issue.

Petition for reconsiderationDismissal for lack of prosecutionPetition to reopenGood causeJurisdictional time limitsFinal orderUntimely petitionContinuing jurisdictionWorkers' Compensation Appeals BoardAdministrative law judge
References
16
Case No. VNO 0462079
Regular
Jul 11, 2007

JONAS MORENO vs. FILTERCOR, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's untimely petition for reconsideration of an approved compromise and release settlement. Despite the untimeliness, the WCAB remanded the matter to the administrative law judge to treat the petition as a request to reopen the case. This allows for further proceedings on the merits of the lien claimant's claim.

Petition for ReconsiderationPetition to ReopenUntimely FilingService by MailDefective ServiceLabor Code Sections 5803Labor Code Sections 5804Compromise and ReleaseLien ClaimantWorkers' Compensation Appeals Board
References
1
Case No. ADJ7298156, ADJ6499211
Regular
Jun 21, 2013

SOLOMON WELLS vs. CITY OF FRESNO, AMERICAN ALL RISK LOSS ADMINISTRATION

This case involved a police officer's claim for industrial injury, including stomach cancer. The applicant sought reconsideration and removal of an order that allowed the record to be reopened for further medical evidence development concerning his cancer diagnosis. The Appeals Board dismissed the reconsideration petition because the order was not a final determination of substantive rights. They also denied the removal petition, finding no significant prejudice or irreparable harm, and directed the WCJ to rule on a subsequent petition to reopen. The Board noted potential application of Labor Code section 3212.1 regarding cancer presumptions for police officers.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalUnsubmittedMedical IssueCancer DiagnosisMandatory Settlement ConferenceIndustrially CausedLate OfferingReopening Discovery
References
5
Case No. ADJ4245398 (GOL 0101151)
Regular
Feb 04, 2013

HEIDI KIRKWOOD vs. VERIZON CALIFORNIA, INC., AMERICAN HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order was procedural and not a final determination. The Board granted the defendant's petition for removal, rescinded the WCJ's order to reopen discovery, and returned the case for a decision based on the existing record. This action was taken because the discovery closure date had passed, no party requested further development of the record, and reopening would cause undue delay. The Board admonished the defendant for improperly titling their petition as one for reconsideration.

Petition for RemovalPetition for ReconsiderationWCJ OrderVacated SubmissionPsychiatric PQMEReevaluationDiscovery ClosureMandatory Settlement ConferenceSubstantial PrejudiceIrreparable Harm
References
10
Case No. ADJ10243805 ADJ10243806
Regular
Oct 20, 2025

ENELIA GARCIA vs. NORTHRIDGE HOSPITAL MEDICAL CENTER, SEDGWICK

Applicant Enelia Garcia filed a Petition for Removal (ADJ10243805) against minute orders setting a virtual trial and allowing a claims adjuster to appear virtually, citing due process violations and non-compliance with rules. Additionally, the applicant filed a Petition for Reconsideration (ADJ10243806) challenging a Findings and Order regarding new and further disability, occupational code, and the basis to reopen her case. The Workers' Compensation Appeals Board reviewed both petitions and granted them, rescinding the September 4, 2025 minute orders and the July 16, 2025 Findings and Order. The matters were returned to the WCJ for further proceedings consistent with the Board's opinion, emphasizing the importance of creating a proper record and ensuring due process.

RemovalReconsiderationVirtual TrialChicago DogsWCJMinute OrdersFindings and OrderStipulations and AwardNew and Further DisabilityOccupational Code
References
42
Case No. ADJ5776124
Regular
May 12, 2011

LESLEY KESSER vs. SANTA ROSA SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOLS INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the WCJ's minute orders concerning discovery closure were not final orders. Treating the petition as a Petition for Removal, the WCAB denied it, finding the defendant failed to demonstrate significant prejudice or irreparable harm. The defendant's attempt to reopen discovery and depose a PQME was thus unsuccessful. The WCAB affirmed the WCJ's decision on discovery limitations.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMinute OrdersDeclaration of ReadinessClosure of DiscoveryPanel Qualified Medical ExaminerPQMELabor CodeDue Diligence
References
5
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. ADJ2349671 (LAO 0787649) ADJ678557 (POM 00245222) ADJ767632 (POM 00245221)
Regular
Apr 19, 2010

BLAS MARIN vs. WEST COAST COMMUNICATIONS, and CONTINENTAL CASUALTY COMPANY

Applicant Blas Marin's petition for reconsideration of the Compromise and Release (C&R) is denied as untimely filed, though issues regarding fraud in the C&R execution can be pursued via a petition to reopen for good cause. Lien claimant Southern California Mental Health & Assessment Centers/Azadeh Rahimi, Ph.D.'s petition for reconsideration is granted because the Workers' Compensation Judge (WCJ) improperly disallowed the lien without following proper procedure. The WCJ's order disallowing the lien is rescinded, and the matter is returned for further proceedings. Applicant's counsel was substituted on January 22, 2010, rendering previous filings by former counsel invalid.

Workers' Compensation Appeals BoardBlas MarinWest Coast CommunicationsContinental Casualty CompanyCNA Claim PlusGallagher Bassett ServicesADJ2349671ADJ678557ADJ767632Petition for Reconsideration
References
11
Case No. VNO 339040
Regular
Jul 07, 2008

ROBERT O'ROURKE vs. HYDRO WEST, CALIFORNIA INDEMNITY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was filed before any final order was issued. The defendant's petition for removal, which alleged denial of due process and judicial bias, was denied as the WCAB adopted the findings of the Workers' Compensation Judge. The WCAB also directed further requests for relief, such as reopening the record or additional attorney fees, to the trial level judge.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDue ProcessBiasCompromise and Release AgreementContinuing JurisdictionFinal OrderWCJLien Claimant
References
0
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