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

Case No. ADJ2569351 (LAO 00867165)
Regular
May 14, 2012

ZENAIDA SONGCO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the WCJ's rescission order was not a final order. However, the Board granted the applicant's petition for removal and rescinded the WCJ's March 5, 2012 Rescission Order. This was because the defendant's petition for reconsideration, which prompted the rescission, was untimely filed. Consequently, the WCJ lacked jurisdiction to rescind the original Stipulated Award.

Petition for ReconsiderationPetition for RemovalRescission OrderAmended Stipulated AwardHazardous Material SpecialistNeck InjurySpine InjuryShoulder InjuryRight Hip InjuryPsyche Injury
References
9
Case No. ADJ8278101 ADJ8278102 ADJ10320660
Regular
Jan 30, 2017

JESUS GUZMAN vs. ABBOT’S PIZZA, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST, SECURITY NATIONAL INSURANCE COMPANY

This case involves multiple petitions stemming from an administrative law judge's rescission of a previously approved Compromise and Release. The Appeals Board dismissed Security National's petitions as they were not a party to the original agreement and dismissed Employers Comp's petition due to withdrawal. Insurance Company of the West's reconsideration petition was dismissed as interlocutory, but its removal petition was granted to address due process concerns. The Board amended the rescission order to require a hearing on whether the original settlement should be rescinded, returning the case to the WCJ for further proceedings.

Compromise and ReleaseOrder ApprovingOrder RescindingPetition for ReconsiderationPetition for RemovalSupplemental PleadingSanctionsAggrieved PartyFinal DecisionInterlocutory Order
References
10
Case No. ADJ10075857
Regular
Mar 26, 2019

VICTORINO POSADAS (DECEASED) vs. A & N SERVICE STATION INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed defendant's petition for reconsideration of an order rescinding a prior dismissal of the applicant's claim. The Board found the rescission order was not a final decision and thus not subject to reconsideration. However, the Board granted removal, rescinded the rescission order, and returned the matter to the trial level. This action was taken due to a lack of proceedings record, preventing review of the basis for rescinding the initial dismissal. The WCJ will now reconsider the petition to reopen, venue change, and potential consolidation with a death claim.

WCABPetition for ReconsiderationPetition for RemovalOrder Rescinding Order of Case DismissalDismissal without prejudicePetition to ReopenNew and Further DisabilitySubstitution of AttorneysDeath ClaimLack of Prosecution
References
0
Case No. ADJ380140 (VNO 0526152) ADJ4708827 (VNO 0525557)
Regular
Jul 20, 2009

Brenda Lee vs. MAGIC INVESTMENT CORPORATION, CNA CLAIMPLUS, INC. for AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

The defendant sought reconsideration and removal of an order compelling the issuance of a replacement medical panel. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as moot because the underlying order was rescinded by the Workers' Compensation Judge (WCJ) due to a mutual agreement between the parties. Consequently, the WCAB denied the petition for removal. The WCAB noted that the defendant's arguments regarding due process and misrepresentation were rendered moot by the rescission of the order.

Workers' Compensation Appeals BoardReplacement Panel OrderPetition for ReconsiderationPetition for RemovalWCJMedical UnitAdministrative Directorrheumatologydue processnotice requirements
References
3
Case No. ADJ6473659, ADJ6680091
Regular
Jan 27, 2014

LEANDRO GARCIA vs. CABRILLO CARE CENTER, CAREWEST INSURANCE COMPANY

This case involves a lien claimant's attempt to appeal an administrative law judge's (WCJ) order rescinding a prior lien allowance. The Appeals Board dismissed the reconsideration petition, finding the rescission order to be interim and not a final order subject to reconsideration. The Board also denied the petition for removal, concluding that the WCJ acted correctly in rescinding the lien allowance due to service issues and conflicting timelines. Ultimately, the matter was returned to the trial level for further proceedings on the lien claim's merits.

Lien claimantPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Allowing LienCompromise and ReleaseLabor Code section 5900(a)final orderinterim ordersAppeals Board Rule 10859WCJ
References
2
Case No. ADJ7588271
Regular
Jan 27, 2014

ADOLFO ALCEDA vs. GARDNER TRUCKING, INC., NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal as it pertained to a final order, not an interlocutory matter. The Board also denied the defendant's petition for reconsideration, upholding the administrative law judge's decision to rescind a dismissal for lack of prosecution. This rescission was granted because the applicant was not properly served with the dismissal notice due to an incorrect address in the EAMS system. The WCAB found that the applicant's objection to the dismissal, citing delayed doctor's reports due to retirement, constituted good cause.

Petition for RemovalPetition for ReconsiderationOrder Rescinding DismissalLack of ProsecutionVoid ab initioGood CauseUntimelyPetition to VacateDeclaration of Readiness to ProceedInterlocutory Orders
References
3
Case No. ADJ10282291
Regular
Jan 05, 2018

IVAN DIAZ vs. PPG AEROSPACE, OLD REPUBLIC INSURANCE COMPANY, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration and denied the Petition for Removal. The Board found that the WCJ's decision addressed an interlocutory procedural or evidentiary issue, not a final determination of substantive rights or liabilities, thus it was not a proper subject for reconsideration. Furthermore, the Board found no substantial prejudice or irreparable harm to warrant the extraordinary remedy of removal. The underlying issue involved the rescission of a Compromise and Release agreement due to a lack of substantial evidence that a certified interpreter translated the document to the applicant.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderProcedural DecisionEvidentiary DecisionSubstantive RightThreshold IssueExtraordinary Remedy
References
6
Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. ADJ2574910 (ANA 0328189)
Regular
Apr 12, 2017

MARIO MANRIQUEZ, JR. vs. JAMES LINEBACK M.D., STATE COMPENSATION INSURANCE FUND, and BREDFELDT, CORSON & ODUKOYA; ACCLAMATION INSURANCE MANAGEMENT SERVICES, FARMINGTON CASUALTY COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the order at issue was not a final determination of substantive rights. However, the Board granted the applicant's petition for removal and rescinded the WCJ's order denying a continuance of an expedited hearing. This decision was based on the WCJ's own report recommending rescission. The Board also declined to sanction the defendant or order reassignment at this time.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalExpedited HearingContinuanceOrder Denying RequestRescinded OrderFinal OrderSubstantive RightLiability
References
4
Case No. ADJ2051569 (SDO 0220620) ADJ2305894 (SDO 0272613)
Regular
May 18, 2009

Richard Appleton vs. Caron Construction and Drilco, Inc., Liberty Mutual Insurance Company, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied Liberty Mutual's petition for reconsideration regarding the exclusion of a medical report, finding no due process denial. Conversely, the Board granted State Fund's petition for reconsideration, rescinding the arbitrator's decision. This rescission was based on a lack of substantial admissible medical evidence to support a finding of psychiatric injury during the specified cumulative period. Consequently, the Board found the applicant did not sustain a compensable psychiatric injury during that time.

Workers' Compensation Appeals BoardReconsiderationPsychiatric InjuryAgreed Medical EvaluatorDue ProcessSubstantial Medical EvidenceCumulative TraumaArbitrationExclusion of EvidenceApportionment
References
3
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