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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. 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. ADJ8743098
Regular
Feb 07, 2017

REGULO HERNANDEZ AGUILAR vs. PRIMA PIZZA d/b/a DOMINOS PIZZA, HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to overturn an order compelling the deposition of their claims adjuster, arguing it was intended to harass. However, the WCAB found the order was an interlocutory procedural decision, not a final order subject to reconsideration. Furthermore, the defendant failed to demonstrate the extraordinary circumstances required for removal.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ Orderdepositionclaims adjusterPetition to QuashPetition to Compelfinal orderinterlocutory order
References
Case No. SFO 0417742
Regular
Jul 11, 2008

WYNEMA RATTO vs. CENTURY 21 EXCELLENT HOMES, CLARENDON NATIONAL INSURANCE, administered by AARLA

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding the challenged WCJ order was not a final determination of substantive rights. However, the WCAB granted the defendant's Petition for Removal, agreeing the order to produce the entire claims file was overbroad. The WCAB amended the order to require the claims file be produced at trial, allowing the WCJ to determine specific discovery needs if justified by the lien claimant.

Petition for RemovalPetition for ReconsiderationDismissed PetitionGranted PetitionClaims FileOverbroad OrderGood CauseIrreparable HarmReal Estate Broker's AssociateStipulated Awards
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. ADJ8283873
Regular
Jun 07, 2016

DANIEL CRUZ vs. BROWN SHOE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed in error, mistakenly addressing an order that did not exist. The Board also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm from the Administrative Law Judge's order dismissing the defendant's own petition to dismiss for lack of prosecution. The dismissal of the defendant's petition was appropriate and the Board's actions are affirmed.

WCABPetition for RemovalPetition for ReconsiderationOrder Dismissing PetitionLack of ProsecutionRule 10582Application for AdjudicationPetition for Order Compelling AttendanceMedical ExaminationQME
References
Case No. LBO 0297361
Regular
Nov 28, 2007

ANTHONY TENNISON vs. NATIONAL PLANT SERVICES, CIGA by its servicing representative, CAMBRIDGE INTEGRATED SERVICES, for Reliance Insurance, in liquidation

The Appeals Board dismissed petitions for reconsideration and removal challenging an order compelling the applicant's wife to attend a continued deposition. The pro se petition was dismissed as untimely and unverified, while the attorney's petition was dismissed because discovery orders are not final and thus not subject to reconsideration. The Board affirmed the WCJ's order, finding the wife waived her marital privilege by appearing and testifying, and cautioned parties about potential sanctions for their behavior.

WCABPetition for ReconsiderationPetition for Removaldepositionmarital privilegechild care reimbursementdiscovery orderinterlocutory orderfinal orderuntimely petition
References
Case No. ADJ10030620, ADJ10030622
Regular
Jan 12, 2018

ANTONIO CORONA SOSA vs. DANA INVESTMENT LLC, UNINSURED EMPLOYERS BENEFITS TRUST FUND, Marwan Khader Alrifai

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration from an order joining a substantial shareholder due to the order not being a final determination. However, the WCAB granted a petition for removal, treating the filing as such, because the shareholder was allegedly denied due process by not being properly served and given an opportunity to respond. The WCAB rescinded the joinder order, returning the matter to the trial level to allow the shareholder to present their case. This decision ensures due process by permitting the shareholder to respond to the joinder petition and present evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSubstantial ShareholderDue ProcessPetition for JoinderFinal OrderInterlocutory OrderExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
Case No. ADJ17464637
Regular
Oct 28, 2025

Alisher Suliemanov vs. Pizza Hut, Pizza Hut, Southern California Pizza Co., Athens Administrators

The case involves a Petition for Reconsideration filed by the defendant after an Order Approving a Compromise and Release (OACR) was executed and later amended by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ rescinded the original OACR and issued an amended one within the 15-day period allowed by WCAB Rule 10961(c). Consequently, the Appeals Board determined that no further action was necessary on the Petition for Reconsideration because the disputed order no longer existed. Despite the WCJ preparing a Report and Recommendation, the Appeals Board dismissed the Petition for Reconsideration as moot.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseRescinded OrderAmended OrderJurisdictionWCJ ReportWithdrawal RequestMoot PetitionWCAB Rule 10961
References
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