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

Case No. ADJ433589 (VNO 0467795)
Regular
Dec 19, 2013

GLADYS GIRON vs. JUDITH LARSON, IDEAL FOODS, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied Gladys Giron's Petition for Reconsideration. The Board admonished applicant's counsel for multiple procedural violations in the petition, including exceeding page limits with improper formatting and appending improperly admitted evidence. Furthermore, the petition's tone bordered on impugning the Workers' Compensation Judge's integrity, which is sanctionable. Finally, an unfiled Response was submitted by applicant's counsel.

Petition for ReconsiderationWCJ ReportApplicant's CounselPage Limit ViolationFont Size ViolationLinespacing ViolationRule 10842(c)Rule 10856Catering Truck and Route AgreementSworn Statement
References
Case No. ADJ4370094
Regular
May 16, 2011

CARLOS MESONES vs. WINSTON TIRE COMPANY, ZURICH NORTH AMERICA

This case involves a petition for reconsideration filed by Winston Tire Company and Zurich North America that was dismissed by the Workers' Compensation Appeals Board. The dismissal was primarily due to the petition not being verified, violating Labor Code section 5902. Additionally, the Board noted that the petition's excessive length (30 pages) violated WCAB Rule 10232(a)(10) regarding page limits. The Board also indicated that, even if properly filed, the petition would have been denied on the merits based on the administrative law judge's report.

Petition for ReconsiderationDismissalVerificationLabor Code section 5902WCJ Report and RecommendationMeritsWCAB Rule 10232(a)(10)Page LimitWinston Tire CompanyZurich North America
References
Case No. ADJ2516724 (VNO 0483078) ADJ3217913 (VNO 0454703) ADJ2235819 (VNO 0454704) ADJ2582994 (VNO 0483080)
Regular
Jan 09, 2012

Noel Lopez vs. Bolthouse Farms, Argonaut Insurance Company, Sedgwick, Mid Century Insurance

Applicant Noel Lopez's petitions for reconsideration repeatedly violated Appeals Board rules regarding page limits, formatting, and the proper submission of evidence. Despite explicit instructions to correct these deficiencies, the applicant's attorney filed a second petition with similar non-compliance. Consequently, the Appeals Board issued a Notice of Intention to impose sanctions of $1000.00 against the attorney and his law firm for frivolous and delay-seeking conduct. The Board is allowing 15 days for written objection demonstrating good cause to avoid sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAppeals Board RulesPage Limit ViolationImproper AttachmentsLack of Specific CitationsBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
Case No. ADJ300431 (FRE 0203618) ADJ1896245 (FRE 0203619) ADJ3576423 (FRE 0203620)
Regular
Jan 14, 2014

Sherrill Perkins vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied the applicant's petition for removal but granted her petition for reconsideration. Applicant's 40-page petition for reconsideration violated the 25-page limit and lacked good cause for exceeding it. Therefore, the Board will dismiss the petition unless a compliant one is refiled within ten days, while simultaneously addressing the attorney's separate fee reconsideration. The Board found no extraordinary circumstances to justify removal and will proceed with reconsideration after compliance with filing rules.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationJoint Findings and AwardWCJcumulative traumatemporary disabilitypermanent disabilityapportionmentpenalties
References
Case No. ADJ7114025
Regular
Nov 07, 2011

KATHLEEN KENNEDY vs. COMMUNITY HEALTH NETWORK SAN FRANCISCO GENERAL HOSPITAL, INTERCARE

The Workers' Compensation Appeals Board reviewed a case where defense counsel filed a petition exceeding the 31-page limit. Although the Board initially considered sanctions, it ultimately decided against imposing them. However, the Board strongly admonished defense counsel to adhere to page limit regulations in future filings. Consequently, no sanctions were imposed on the defendant or their counsel for the oversized petition.

Workers' Compensation Appeals BoardRemovalSanctionsPetition for ReconsiderationCalifornia Code of RegulationsTitle 8Section 10845(a)Page LimitsAdmonishmentDefendant Counsel
References
Case No. ADJ8030860, ADJ8179533, ADJ8179544
Regular
Aug 02, 2017

MOEGAGOGO TAMASESE vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUVENILE PROBATION DEPARTMENT, INTERCARE

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration. The denial was based on the WCAB adopting the reasoning of the workers' compensation administrative law judge (WCJ). Specifically, the Defendant violated WCAB Rule 10842(c) by attaching an Exhibit List to their petition, which contained documents already in evidence. The Board also noted this likely was an attempt to circumvent page limits and admonished the Defendant for non-compliance.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(c)Exhibit Listpage limitsLabor Code § 5813Cal. Code Regs.tit. 8§ 10561
References
Case No. ADJ3273317 (OAK 0239199)
Regular
Sep 11, 2013

C. DUPSI BROWN-KURIA vs. CITY OF OAKLAND, Administered by JT2 INTEGRATED RESOURCES, INC.

The Workers' Compensation Appeals Board (WCAB) affirmed a prior finding that applicant C. Dupsi Brown-Kuria sustained 100% permanent disability due to work-related injuries. The defendant, City of Oakland, had petitioned for reconsideration, arguing insufficient medical evidence supported the total disability finding. The WCAB reviewed the case and adopted the administrative law judge's report, upholding the original award. Applicant's request for sanctions and attorney fees due to the defendant's initial violation of filing page limits was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to DismissPage LimitationFindings and AwardPermanent DisabilitySpecific InjuryCumulative InjuryHousing Development CoordinatorSubstantial Medical Evidence
References
Case No. ADJ4189587
Regular
Mar 24, 2017

VERA ZAY vs. STUART ANDERSON'S BLACK ANGUS, CHUBB GROUP INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Vera Zay's petition for reconsideration in the case against Stuart Anderson's Black Angus. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Additionally, the Board admonished defense counsel for violating page limits, citing non-existent evidence, and raising new issues on reconsideration, warning of potential sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Director Rule 10205.12(10)Page-limit requirementEvidence not in the recordNew issues on reconsiderationSanctionsLab. Code§ 5813Cal. Code Regs.
References
Case No. LAO 0848876
Regular
Dec 27, 2007

MARIA MURILLO vs. HI POINT/NORCO RANCH, REPUBLIC INSURANCE by CRAWFORD AND COMPANY

The Workers' Compensation Appeals Board (WCAB) determined that a diskectomy is not an amputation under Labor Code section 4656(c)(2)(C), limiting temporary disability to 104 weeks. The WCAB affirmed the finding that temporary disability should have been paid from October 6, 2006, to November 24, 2006, but reversed the decision to extend benefits beyond the statutory 104-week limit due to a delay in authorizing surgery. Therefore, the applicant is entitled to additional temporary disability indemnity only for the specified period, with the last payment due November 24, 2006.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardMachine operatorIndustrial injuryBilateral shouldersBack injuryTemporary disability indemnityLabor Code section 4656Amputation
References
Case No. ADJ8572033
Regular
Jan 23, 2017

NELLY MOLINA vs. MACY'S CORPORATE SERVICES, Permissibly Self-Insured, Administered By MACY'S

This case involves a lien claim by Industrial Healthcare for medical services provided to applicant Nelly Molina from November 6, 2012, to September 10, 2013. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing the lien, upholding the administrative law judge's finding that the lien was untimely. The WCAB ruled that because the last date of service (September 10, 2013) was after July 1, 2013, the 18-month statute of limitations under Labor Code section 4903.5(a) applied, making the lien filed on September 2, 2015, tardy. A dissenting opinion argued that continuous services provided both before and after July 1, 2013, should be subject to the three-year statute of limitations, allowing for a single lien filing.

Labor Code section 4903.5(a)statute of limitationslien claimreconsiderationOrder Dismissing Lienworkers' compensation administrative law judgeIndustrial HealthcareInnovative Medical ManagementMacy's Corporate Servicescontinuous treatment
References
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