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

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. SBR 0239874
Regular
Sep 20, 2007

JOHN BASSETTE vs. MORENO VALLEY UNIFIED SCHOOL DISTRICT

This case involves John Bassette's repeated attempts to seek reconsideration from the Workers' Compensation Appeals Board (WCAB) regarding a prior denial of his petitions. The WCAB is denying his current petition for reconsideration, incorporating prior reasoning and warning the applicant of potential sanctions for filing frivolous and repetitious claims. The Board finds his arguments lack merit and have already been decided.

Workers' Compensation Appeals BoardIn pro perPetition for reconsiderationOrder Dismissing PetitionDenying ReconsiderationLabor Code Section 5814Irreparable harmSignificant prejudicePetition for removalVexatious litigant
References
Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
Case No. ADJ3882107
Regular
Oct 04, 2012

PETER ARCARESE vs. LAW OFFICES OF MANUEL H. MILLER, STATE FARM CALIFORNIA, WC CLAIMS

The Workers' Compensation Appeals Board dismissed Peter Arcarese's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The petition was also dismissed as consecutive, attempting to relitigate issues previously addressed after a prior dismissal. Furthermore, the request for removal was denied as Arcarese failed to demonstrate substantial prejudice or irreparable harm. Consequently, the Board dismissed the petition for reconsideration and denied removal.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderDismissed PetitionPetition for RemovalSubstantial PrejudiceIrreparable HarmInadequate RemedyWrit of Review
References
Case No. ADJ7785733; ADJ7632939
Regular
Mar 12, 2013

JOHN SHEK vs. CHILDREN'S HOSPITAL AND RESEARCH CENTER OF OAKLAND, ZURICH AMERICAN INSURANCE

This case involves a pro se applicant who filed a successive petition for removal and request for an immediate stay after his prior petition was denied. The Workers' Compensation Appeals Board (WCAB) dismissed the petition, stating that the applicant cannot relitigate issues already decided. The applicant's proper recourse for challenging the WCAB's decision is to file a petition for writ of review with the Court of Appeal. The supplemental petition was also rejected as it was filed without prior permission.

Petition for RemovalDenying ReconsiderationWCAB Rule 10848Supplemental PetitionSuccessive PetitionWrit of ReviewCourt of AppealLabor Code Section 5950Dismissal of PetitionEn Banc Consideration
References
Case No. ADJ7860598
Regular
Feb 18, 2014

LUCAS FRANCISCO vs. ROBERT DILLS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petitions for reconsideration after a Workers' Compensation Appeals Board (WCAB) order denying additional temporary total disability indemnity. The WCAB dismissed one petition as skeletal and denied the other. While acknowledging a minor error in the judge's report regarding bank account ownership, the WCAB found it did not alter the outcome. The key issue was the applicant's average weekly earnings, which the WCAB determined was not sufficiently proven to exceed the amount already paid by the defendant, based on limited substantial evidence from checks received.

Workers' Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionDismissed PetitionDenied PetitionWCJ ReportJoint AccountRedwood Credit UnionExchange BankSubstantial Evidence
References
Case No. ADJ6997443
Regular
Jan 28, 2010

ALLEN STEVENS vs. SHASTA CONSTRUCTION, INC., OLD REPUBLIC GENERAL INSURANCE, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was improperly filed against a non-final procedural order. The Board also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm. The defendant had contended that the Workers' Compensation Judge erred by denying further discovery and setting the case for trial, citing improper notice and insufficient preparation time. The Board affirmed the WCJ's decision to proceed with trial given the applicant's extended wait for resolution and the adequacy of prior discovery and medical evaluations.

Workers' Compensation Appeals BoardShasta ConstructionInc.Gallagher Bassett ServicesInc.Petition for ReconsiderationPetition for RemovalMinute OrderAdministrative Law Judge (WCJ)Mandatory Settlement Conference
References
Case No. ADJ2637562 (AHM 0384910) ADJ3615654 (AHM 0384911)
Regular
Jul 01, 2011

ABENAA APPAUH vs. ARROWHEAD REGIONAL MEDICAL CENTER, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board denied Abenaa Appauh's Petitions for Removal seeking to overturn an order quashing a subpoena duces tecum. The Board adopted the administrative law judge's report, which found the petitions lacked merit and failed to demonstrate significant prejudice or irreparable harm. The judge noted that a petition for reconsideration would be an adequate remedy after a final decision. Additionally, the petitions were deemed defective due to a lack of proper verification.

Petitions for RemovalOrder DenyingWorkers' Compensation Appeals BoardSubpoena Duces TecumQuashing SubpoenaLabor Code §5310WCJVerified PetitionAmended PetitionDeclaration
References
Case No. ADJ6799286
Regular
Feb 08, 2013

OLEGARIO CHAVEZ vs. REINALDA FLORES GARCIA, FARMERS INSURANCE EXCHANGE

This Workers' Compensation Appeals Board (WCAB) case, ADJ6799286, involved a petition for reconsideration filed by Olegario Chavez. The WCAB dismissed Chavez's petition because it was both unverified and not timely filed. Even if the petition had been properly filed, the WCAB would have denied it on its merits, adopting the reasoning of the WCJ.

Petition for ReconsiderationDismissal OrderUnverified PetitionUntimely FilingWCJ ReportAdopted ReportDenied PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeLong Beach District Office
References
Case No. ADJ9211017
Regular
Mar 28, 2017

JOSE MENDOZA vs. KINGSLEY COMPANIES; SAMSUNG FIRE AND MARINE c/o BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration regarding the denial of a credit for benefits paid. The WCAB found that the administrative law judge's decision not to grant the credit was within their discretion and not an abuse of discretion, considering the lack of wrongdoing by the applicant. The applicant's petition for reconsideration was dismissed as skeletal and unsupported by specific references to the record and legal principles, as required by statute and board rules. Therefore, the WCAB upheld the original denial of the credit and dismissed the applicant's petition.

WCABPetition for ReconsiderationDenying PetitionDismissing PetitionLabor Code section 4909CreditDiscretionary AuthorityEquitable PrinciplesSkeletal PetitionAppeals Board Rules
References
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