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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. ADJ 1153404
Regular
Sep 04, 2008

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

Applicant's petition for reconsideration is dismissed as untimely. Reconsideration is granted for Dr. Tepper's petition, with his deposition fee set at $250/hour, allowing him to contest the fee afterward under Labor Code section 5307.6(c).

Workers' Compensation Appeals BoardReconsiderationDismissing ReconsiderationGranting ReconsiderationDecision After ReconsiderationPetition for ReconsiderationFindings and AwardLabor Code section 5903(b)FraudDiscovery Orders
References
Case No. SAC 342547
Regular
Jun 06, 2008

CLIFFORD J. FARIA vs. BEST BUY COMPANY, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. This decision addresses disputes regarding the applicant's right to change treating physicians, the defendant's Medical Provider Network (MPN) obligations, and the calculation of the applicant's average weekly earnings. The Board requires further development of the record on these key issues.

Workers' Compensation Appeals BoardBest Buy CompanyAce American Insurance CompanyClifford FariaOpinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge (WCJ)Treating PhysicianMedical Provider Network (MPN)Temporary Disability Indemnity
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. ADJ4599548 (MON 0212034)
Regular
Mar 25, 2014

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT FOOD SERVICES, AMERICAN INTERNATIONAL GROUP, INC., BROADSPIRE

This case involves applicant Kristian Von Ritzhoff's petition for reconsideration of a prior Board decision. The Board had previously modified an administrative law judge's order, shifting the responsibility for paying a sanction and costs from the defendant to the applicant. The applicant's current petition sought reconsideration of this modified order, but the Board found it was a successive petition without a new grievance. Because the applicant was not "aggrieved" by the modification to the payment method and had not been granted relief previously sought, the Board dismissed the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing PetitionOpinion and OrderGranting ReconsiderationDecision After ReconsiderationFindings Award and OrderWorkers' compensation administrative law judgeSanction and costsLabor Code section 5900
References
Case No. ADJ 8560911
Regular
May 02, 2016

TIM MCDONALD vs. SAN FRANCISCO 49ERS, TIG SPECIALTY COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the original award of 73% permanent disability and attorney fees. The Board determined that the 2005 Permanent Disability Rating Schedule, not an older schedule, should be used for rating the applicant's cumulative trauma injury claim filed in 2012. The case is returned to the trial level for a new determination of permanent disability using the 2005 schedule, affirming findings on injury and medical treatment.

Workers' Compensation Appeals BoardSan Francisco 49ersTIG Specialty Companyindustrial injuryprofessional athletefootball playerstrong safetycumulative traumapermanent disabilityapportionment
References
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
Case No. LAO 0827740
Regular
Jan 15, 2008

GUILLERMO MALACHOWSKI vs. FEDERATED DEPARTMENT STORES

The Appeals Board vacated its prior order granting reconsideration and dismissed the lien claimant's petition. The lien claimant's letter, treated as a petition, was untimely filed and also failed to meet the verification and specificity requirements for a valid petition for reconsideration. Consequently, the Board reversed its grant of reconsideration and dismissed the lien claimant's purported petition.

Lien claimantPetition for reconsiderationNotice of intention to submitSupplemental Findings and OrderWCJUnverified petitionSkeletal petitionFinal orderLabor Code section 5900Labor Code section 5902
References
Case No. ADJ9667162, ADJ9793109
Regular
Dec 07, 2016

ALMA LOPEZ CASTANEDA vs. FOREVER 21, NEW HAMPSHIRE INSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board has granted reconsideration, on its own motion, of a prior order denying the applicant's petition for reconsideration in the case of Alma Lopez Castaneda vs. Forever 21. This action is taken to allow for further study of the legal and factual issues involved. All subsequent correspondence and filings related to this reconsideration must be submitted directly to the Appeals Board Commissioners in San Francisco, not to district offices or via e-filing. Trial-level documents unrelated to the petition for reconsideration will continue to be filed through EAMS.

Workers' Compensation Appeals BoardReconsiderationBoard MotionPetition for ReconsiderationDenying PetitionGranting ReconsiderationLegal IssuesFactual IssuesCommissionersElectronic Adjudication Management System
References
Case No. ADJ8536926
Regular
Feb 06, 2018

TANARAK PATANAITTIKUL vs. SECURITAS SECURITY SERVICES, SEDGWICK CMS

This case involved lien claimants seeking reconsideration of an order dismissing their liens for failing to appear. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the matter. However, upon reviewing the record, the WCAB found the petition for reconsideration was untimely filed. Therefore, the WCAB vacated its grant of reconsideration and dismissed the petition.

Workers' Compensation Appeals Boardlien claimantsPetition for ReconsiderationOrder Dismissing Liensuntimely petitionjurisdictional time limitservice by mailproof of filingMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler
References
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