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

Case No. MISSING
Regular Panel Decision

Claim of Marques v. Salgado

Claimant sustained injuries while working, leading to a workers' compensation claim against Antonio Salgado, who disputed an employment relationship. The Workers' Compensation Law Judge and subsequently the Workers' Compensation Board found an employer-employee relationship, crediting the claimant's testimony over Salgado's. The Board considered factors like the right to control, method of payment, furnishing of equipment, and the nature of the work. The appellate court affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship.

Workers' CompensationEmployment RelationshipIndependent ContractorCredibility AssessmentSubstantial EvidenceAppellate ReviewTree Removal AccidentDriveway ConstructionWork InjuryNew York Law
References
4
Case No. ADJ6481285
Regular
Oct 07, 2015

MANUEL SALGADO vs. PORTFOLIO LAX, LLC dba RADISSON

The Workers' Compensation Appeals Board (WCAB) dismissed Manuel Salgado's Petition for Reconsideration against Portfolio LAX, LLC. The dismissal was based on the petition being untimely filed. California law mandates filing a petition for reconsideration within 25 days of service by mail, with specific rules for extensions. The WCAB found Salgado's petition was filed more than 25 days after the administrative law judge's decision, rendering it jurisdictionally deficient and unreviewable.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyDismissalLabor CodeCode of RegulationsJurisdictionalWCJ DecisionService by MailProof of Filing
References
4
Case No. GOL 96015
Regular
Jul 12, 2007

PLACIDO SALGADO vs. OCEAN VIEW FLOWERS, INC., ARCH INSURANCE by LWP CLAIMS SOLUTIONS INC.

This case involves a dispute over permanent disability and apportionment for a worker injured in 2003, following a prior 1992 injury. The Appeals Board granted reconsideration, finding the original decision erred by not properly considering apportionment due to a prior settlement. The Board rescinded the original award and returned the case for further proceedings to develop the medical record on apportionment and permanent disability, emphasizing the need for substantial medical evidence.

WORKERS' COMPENSATION APPEALS BOARDGOL 96015PLACIDO SALGADOOCEAN VIEW FLOWERSARCH INSURANCELWP CLAIMS SOLUTIONS INC.RECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENT
References
5
Case No. ADJ5762345
Regular
Jan 29, 2013

GONZALO SALGADO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT, INTERCARE

This case involves a petition for reconsideration by the County of Los Angeles Fire Department following a sanction order for failure to appear at a lien conference. The Department argued their objection was not considered, but the Board found the objection lacked good cause as the Department failed to ensure representation and their arguments misplaced blame. The Board denied reconsideration, affirming the sanction order. The lien claimant's attorney also received an admonishment for attaching an already-submitted document.

WCABPetition for ReconsiderationSanctionsCostsFailure to AppearLien ClaimantIntercareLos Angeles County Fire DepartmentAdministrative Law JudgeDeclaration of Readiness
References
0
Case No. ADJ8061663
Regular
Feb 10, 2015

Nelson Salgado vs. Walter Weinstein, STATE FARM INSURANCE COMPANY

The Appeals Board dismissed the lien claimant's petition for reconsideration but granted removal, rescinding the WCJ's notice of intention to sanction. The Board found the WCJ prejudged the lien claimant's entitlement to payment and improperly threatened sanctions without a hearing on the merits. The matter was reassigned to a different WCJ due to the perceived bias.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantWestern Imaging ServicesSanctionsWCJAbuse of DiscretionBusiness and Professions Code 22450Prejudgment
References
2
Case No. ADJ3664982
Regular
May 13, 2009

CYNTHIA SALGADO vs. COUNTY OF ORANGE, SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATION

This case concerns whether medical reports from a physician outside the defendant's Medical Provider Network (MPN) were admissible and if the applicant should repay temporary disability benefits. The Appeals Board granted reconsideration, reversing the WCJ's exclusion of the non-MPN physician's reports and reinstating temporary disability benefits. The Board found the WCJ improperly rescinded prior rulings, and restitution was unwarranted as the applicant did not act fraudulently. The matter was remanded to determine the defendant's credit for payments made to the non-MPN physician.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNAdmissibility of Medical ReportsReconsiderationRestitutionTemporary Disability IndemnitySelf-Procured Medical TreatmentLabor Code Section 4605Res Judicata
References
9
Case No. GRO 33581
Regular
Nov 07, 2007

NORMA SALGADO vs. SEA PINES GOLF RESORT, EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, adding a finding that the applicant is entitled to reimbursement for vocational rehabilitation expert costs. While the Board affirmed the $10\%$ permanent disability rating, it found merit in the applicant's argument regarding expert costs, citing Labor Code $\S 5811$. The applicant's challenges to the permanent disability rating and the legality of the 2005 Schedule for Rating Permanent Disabilities were otherwise rejected due to insufficient argument and reliance on an unpublished decision.

Workers' Compensation Appeals Boardvocational rehabilitation expertAlbert RivasM.A.reimbursement for coststemporary disabilitypermanent disability2005 Schedule for Rating Permanent DisabilitiesCosta v. Hardy DiagnosticLabor Code § 5811
References
1
Case No. ADJ6646120
Regular
Oct 12, 2012

DONACIANO SALGADO vs. 3RD DOG, INC., FIRSTCOMP OF OMAHA for SOUTHERN INSURANCE CO.

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration after its lien was dismissed for failure to appear at a hearing. The dismissal stemmed from confusion caused by two sets of minutes for the same hearing date. The Board found that the lien claimant's petition was not brought to their attention within the statutory period for reconsideration, and thus the time for review began when they actually received it. Consequently, the dismissal order was rescinded, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienNotice of HearingMinutes of HearingTaken Off CalendarStatutory Time for ReconsiderationDue Process
References
2
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