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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. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
Case No. ADJ8796181
Regular
Sep 20, 2013

JEFFREY HORDWEDEL vs. COUNTY OF LOS ANGELES

The Appeals Board dismissed the applicant's petition for reconsideration as it challenged an interim order, not a final decision. Removal was granted because the WCJ's denial of the applicant's petition to strike an IME report, based on procedural grounds, could cause significant prejudice. The case is returned to the trial level for a hearing to determine whether the dispute resolution agreement requires the Labor-Management Committee to address the applicant's ex parte communication claims first, or if the WCAB should proceed on the merits of the petition. The WCJ will then issue a decision based on the developed record.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWorkers' Compensation Administrative Law JudgePetition to Strike IME Medical-Legal ReportLabor-Management Workers' Compensation Dispute Resolution AgreementIndependent Medical ExaminerEx Parte CommunicationLabor Management CommitteeScope of Agreement
References
Case No. ADJ10040520
Regular
Oct 01, 2019

VICTOR DAVILA vs. SYSCO FOODS, ZURICH AMERICAN INSURANCE, CORVEL CORPORATION

The WCAB granted removal, rescinded the WCJ's order, and returned the case for further proceedings concerning attorney Mark Leeds' petition to be relieved as applicant's counsel. Leeds argued ineffective communication with the applicant necessitated his withdrawal, while the WCJ initially denied the petition, citing insufficient detail regarding the breakdown of communication. The Board found that due to attorney-client privilege, Leeds was appropriately limited in his explanation and outlined procedures for the WCJ to address the petition.

Petition for RemovalPetition to Be Relieved as AttorneyWCAB Rule 10774Code of Civil Procedure Section 284Serious and Willful MisconductBreakdown in CommunicationIn Camera DiscussionState Bar Rule 1.6Duty of ConfidentialityAttorney Withdrawal
References
Case No. ADJ10732133, ADJ10732153, ADJ11017162
Regular
Mar 20, 2019

TERRY PIERSON vs. PRIDE INDUSTRIES, UNITED STATES FIRE INSURANCE

The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinded the WCJ's order denying a replacement QME panel, and returned the case for further proceedings. The WCJ's order was vacated because it was issued without any admitted evidence in the record, violating the requirement that decisions be based on substantial evidence. Furthermore, the Board directed the WCJ to consider the recent en banc decision in *Suon v. California Dairies* concerning Labor Code section 4062.3. The underlying dispute involves allegations of ex parte communication between the applicant and the QME.

Petition for RemovalQualified Medical ExaminerEx Parte CommunicationLabor Code Section 4062.3Order Denying Motion to StrikeReplacement QME PanelAdministrative Director Rule 35.5(f)Declaration of ReadinessPetition Regarding Communication DisputeAdmissions and Stipulations
References
Case No. ADJ8183477
Regular
Jan 14, 2016

DOLORES MOSELEY vs. NOIA RESIDENTIAL SERVICES, INC., ICW GROUP/INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Dolores Moseley's petition for reconsideration. The petition was untimely as it sought reconsideration of an award made over a year prior to filing. Furthermore, the petition was unverified and lacked specificity regarding the issues and legal arguments. Finally, the orders Moseley sought to reconsider were either vacated or deemed non-final procedural decisions, rendering the petition moot.

Labor Code Section 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Dismissing PetitionOrder Vacating Trial DateStipulations with Request for AwardTimelinessJurisdictionalVerification
References
Case No. ADJ6817181
Regular
Nov 22, 2011

VIOLETA GARCIA vs. BALLY TOTAL FITNESS, STATE COMPENSATION INSURANCE FUND

This case involves Prohealth Advanced Imaging's petition for reconsideration and removal regarding a WCJ's order compelling testimony from its owner, Dr. Shayestehfar, to explain billing practices. The Board dismissed the petition because the WCJ's order was not a final, appealable decision. Additionally, the petition was dismissed as untimely, filed beyond the statutory deadline, and unverified, failing to meet procedural requirements for both reconsideration and removal.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationPetition for RemovalWCJ OrderUnverified PetitionUntimely PetitionFinal OrderLabor Code Section 5900Labor Code Section 5902
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. ADJ559742 (LAO 0886579) ADJ2524675 (LAO 0886580)
Regular
Oct 18, 2010

Maureen Simmons vs. TELEPACIFIC COMMUNICATIONS, HARTFORD WORK COMP PROGRAM, GALLAGHER BASSETT SERVICES

The Appeals Board dismissed the applicant's untimely petition for reconsideration of the WCJ's August 19, 2010 Findings and Orders denying benefits. However, the Board granted reconsideration on its own motion due to the applicant's inability to attend trial approximately 400 miles from her home and her claim that her attorney failed to inform the court. The Board rescinded the WCJ's decision and returned the matter for further proceedings, also noting the applicant's request for a change of venue due to hardship.

Workers' Compensation Appeals BoardTelepacific CommunicationsHartford Work Comp ProgramGallagher Bassett ServicesPetition for ReconsiderationDismissing PetitionGranting ReconsiderationDecision After ReconsiderationFindings and OrdersAdministrative Law Judge
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
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