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

Case No. LAO 855766
Regular
Jul 16, 2007

JUAN L. FLORES vs. HEDENBERG, INC., dba IHOP, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendant's petition to terminate temporary total disability indemnity. While the defendant's initial petition had procedural defects, including failing to adhere to filing deadlines and content requirements, the Board found that Labor Code section 4700 dictates no liability for temporary disability benefits exists beyond the date of the applicant's death. Consequently, the Board rescinded the prior order and issued a new order terminating the defendant's liability for temporary total disability indemnity as of February 20, 2007, the date of the applicant's death.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Terminating LiabilityTemporary Total Disability IndemnityLabor Code Section 4700Applicant's DeathPermanent and StationaryPetition to Terminate LiabilityCalifornia Code of RegulationsRule 10462
References
2
Case No. ADJ10083989
Regular
Sep 12, 2016

LUIS PARTIDA vs. ABOVE ALL ROOFING, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration and removal of a WCJ's order deeming a prior stipulation a "continuing award" of temporary disability benefits. The defendant argued this prejudiced their right to present evidence of the applicant's employment and that the stipulation only set the rate and start date, not ongoing benefits. The Board denied both petitions, finding the defendant's subsequent payment of benefits beyond the stipulation date established it as a continuing award. Furthermore, the Board noted that under Labor Code section 4651.1, a rebuttable presumption of continuing disability exists until a petition to terminate liability is properly filed and overcome.

Petition for ReconsiderationPetition for Removalcontinuing awardtemporary disability indemnityStipulations and Awarddue processexpedited trialrebuttable presumptionterminate liabilityLabor Code
References
2
Case No. AD4119034 (OAK 0324958)
Regular
Sep 02, 2010

DEBRA DA RE vs. GILBERT OLIVER, DDS, KOUROSH HARANDI, DDS, CORAL COBLEY, DDS, NATIONAL LIABILITY & FIRE INSURANCE CO. c/o BHHC, ZENITH INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) dismissed National Liability & Fire Insurance's petition for reconsideration because the order compelling arbitration was procedural, not a final award. The WCAB found the petition for removal was also without merit, as the insurer failed to demonstrate substantial prejudice or irreparable injury. Therefore, the WCAB denied any attempt to halt the arbitration process, aligning with the Administrative Law Judge's recommendation.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder to Select ArbitratorContributionAward of CompensationLabor Code Section 5500.5Cal. Code Regs.tit. 8section 10295(b)(2)
References
4
Case No. ADJ8810795
Regular
Jul 21, 2014

MARIA AGUIRRE vs. LOMPOC VALLEY MEDICAL CENTER

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This decision affirmed the award of attorney's fees to the applicant under Labor Code section 4651.3. The Board found that the defendant's continued pursuit of terminating temporary disability benefits, despite medical evidence indicating ongoing disability and a subsequent withdrawal attempt, triggered the attorney fee liability. This denial upholds the principle that applicant's attorney fees are awarded for successfully resisting a petition to terminate benefits, regardless of the defendant's intent.

WCABPetition for ReconsiderationLabor Code section 4651.3attorney's feesPetition to Terminatetemporary disabilitystrict liability statutemedical reportingdepositionPTP
References
1
Case No. MISSING
Regular Panel Decision

In re the Commitment of Star A.

This dissenting opinion addresses a petition to terminate a respondent mother's parental rights, brought on grounds of permanent neglect and mental illness, though the agency proceeded solely on permanent neglect. The Family Court dismissed the petition, finding the agency failed to make diligent efforts. The dissenting judge argues that the Family Court's decision should be reversed, asserting the agency's efforts were reasonable given the mother's extreme non-cooperation. The mother consistently failed to maintain contact, plan for her children, attend scheduled visits, and keep psychiatric appointments, frustrating the agency's attempts to strengthen the parental relationship. The judge concludes that terminating parental rights is necessary for the children's best interests and their chance at a normal childhood.

Parental RightsPermanent NeglectDiligent EffortsSocial Services LawBest Interests of ChildFoster CareParental Non-CooperationFamily Court DecisionAppellate DissentChild Welfare
References
2
Case No. ADJ317667 (SDO 0346814)
Regular
Nov 15, 2019

NANCY COBB vs. BIOSITE INCORPORATED, HARTFORD INSURANCE COMPANY OF THE WEST, YORK RISK SERVICES

The Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed from an intermediate procedural order, not a final decision that determined substantive rights or liabilities. The Board also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm, and determined reconsideration would be an adequate remedy. Finally, the Petition for Disqualification was denied based on the Workers' Compensation Judge's report. The case is returned to the Workers' Compensation Judge to issue a decision on the submitted issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Disqualificationfinal ordersubstantive rightliabilitythreshold issueinterlocutory orderprocedural decision
References
7
Case No. ADJ1524475 (RIV 0046648) ADJ4641802 (RIV 0046649
Regular
Mar 01, 2019

BONNIE L. BENTLEY vs. SORA MANAGEMENT, INC., CALIFORNIA INSURANCE GUARANTEE ASSOC. for Legion Insurance, In Liquidation

This case involves a Petition for Reconsideration and a Petition for Removal challenging a WCJ's order vacating submission and allowing further development of the record. The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was an interlocutory procedural decision, not a final determination of substantive rights or liabilities. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be inadequate. Therefore, both the petition for reconsideration and the petition for removal were dismissed and denied, respectively.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderVacating SubmissionFurther Development of RecordSubstantial PrejudiceIrreparable HarmExtraordinary RemedyWCJ Report
References
6
Case No. ADJ6877517
Regular
Feb 10, 2017

LILIANA PEREZ vs. E. & J. GALLOW WINERY

The Workers' Compensation Appeals Board denied the defendant winery's petition for reconsideration. The defendant argued that the applicant's prior petition to reopen initiated all subsequent proceedings, including their own petition to terminate benefits. However, the Board found this contention meritless as the applicant's petition sought only new and further disability, not termination, and was withdrawn before trial. Labor Code section 4607, regarding unsuccessful proceedings to terminate awards, thus applied only to the defendant's actions.

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityTerminate Medical AwardLabor Code 4607Unsuccessful TerminationInitiated ProceedingsWithdrawal of PetitionWCJ ReportAppeals Board Rule 10848
References
0
Case No. ADJ9274305
Regular
Dec 15, 2014

SALVADOR REYES vs. AVP&H A CALIFORNIA CORPORATION, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed Salvador Reyes's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision. The Petition for Removal was dismissed as moot, as the underlying issue regarding a specific Qualified Medical Examiner appeared to be resolved. Both petitions were denied as they did not address substantive rights or liabilities. The order reflects standard practice for non-final and moot petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityMootnessQMEOrder to CompelMeet and Confer
References
9
Case No. MISSING
Regular Panel Decision
Jan 27, 2004

LoPrete v. New York City Health & Hospitals Corp.

This case concerns a petitioner's employment termination pursuant to Civil Service Law § 71. The petitioner, a motor vehicle operator, was injured on duty and granted a one-year leave of absence, which was briefly extended. However, the petitioner exceeded the authorized absence by six additional days, thereby forfeiting the right to reinstatement, consistent with Matter of Allen v Howe. A CPLR article 78 petition seeking to annul this termination was denied by the Supreme Court, New York County. This denial was subsequently and unanimously affirmed by the Appellate Division, which also found the Workers’ Compensation Board's determination irrelevant to the reinstatement issue.

Employment TerminationCivil Service LawLeave of AbsenceReinstatement RightsCPLR Article 78Workers' Compensation IrrelevanceUnauthorized AbsenceAppellate AffirmanceNew York Supreme Court
References
2
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