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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. ADJ7940946 ADJ7941927
Regular
Apr 02, 2019

FAYE JENNINGS vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's Petition for Reconsideration because it was untimely filed, as proof of mailing is insufficient and the petition must be received within the statutory 25-day limit. The WCAB noted that the Defendant's request to set aside the Compromise and Release was premature because it had not been decided at the trial level. Therefore, the matter was returned to the trial level for further proceedings on the Petition to Set Aside.

Petition for ReconsiderationWCABworkers' compensation administrative law judgeWCJjurisdictionaluntimely petitionJoint Order Approving Compromise and ReleaseOACRdefective servicegood cause to set aside
References
Case No. ADJ7785865
Regular

FABIOLA MARTINEZ vs. PRIORITY BUSINESS SERVICES, INC., TRAVELERS

The defendant sought removal of the WCJ's order rescinding a Compromise and Release (C&R), arguing the applicant's petition to set aside was untimely. The Appeals Board dismissed the defendant's petition due to improper service. However, the Board granted removal on its own motion, rescinded the WCJ's order, and returned the matter for a hearing on the applicant's petition to set aside the C&R. This decision acknowledges the applicant's petition was indeed untimely, but asserts the Board's authority to review the C&R for good cause under Labor Code section 5803.

Workers' Compensation Appeals BoardPetition for RemovalOrder Approving Compromise and ReleasePetition to Set Asideuntimely petitionPro Per ApplicantWCJremoval on Appeals Board motionGood CauseLabor Code Section 5803
References
Case No. ADJ3407743, ADJ4033299
Regular
May 03, 2018

KIM KELLEY vs. INTERSTATE BRANDS CORP.; SELFINSURERS SECURITY FUND, Administered by TRISTAR RISK MANAGEMENT

The applicant sought reconsideration of a Compromise and Release order, specifically challenging the inclusion of a disputed body part (right knee) in the Medicare Set Aside (MSA) calculation. The Appeals Board found the petition for reconsideration was timely filed. However, the Board determined there was insufficient evidence to rule on the applicant's claims regarding the MSA calculation. Therefore, the Board dismissed the petition for reconsideration and recommended it be treated as a petition to set aside, allowing for the presentation of evidence.

Petition for ReconsiderationCompromise and ReleaseMedicare Set Aside (MSA)Joint OrderWCJ ReportPetition to Set AsideUnilateral MistakeMutual MistakeDue ProcessFair Hearing
References
Case No. ADJ19408921, ADJ19408487, ADJ19408920
Regular
Jun 16, 2025

Maria Vazquez vs. Holiday Inn Los Angeles Gateway, Indemnity Insurance Company of North America

Defendant filed a petition to set aside and reconsider an Order Approving Compromise & Release (OACR), claiming applicant's age and Medicare beneficiary status were overlooked in the settlement. The Appeals Board noted procedural irregularities regarding notice of case transmission and the absence of a hearing to establish a complete record concerning the Compromise and Release agreement's adequacy and Medicare interests. As a result, the Board dismissed the petition as premature and returned the matter to the trial level for a hearing to gather necessary evidence.

Order Approving Compromise & ReleaseMedicare Set AsidePetition for ReconsiderationMotion to Set AsideLabor Code Section 590960-Day RuleNotice of TransmissionWorkers' Compensation Medicare Set-Aside Arrangement (WCMSA)Good CauseMutual Mistake of Fact
References
Case No. ADJ17477426
Regular
Jul 28, 2025

GEORGENIA BROCKS vs. COUNTY OF CONTRA COSTA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Applicant Georgenia Brocks filed a Petition for Removal concerning a Stipulated Award, alleging duress. The Workers' Compensation Appeals Board treated the petition as one for reconsideration. The Board determined that the petition for reconsideration was premature, as it sought to challenge an interlocutory decision rather than a final order. Consequently, the Board dismissed the petition and remanded the matter to the trial level. The WCJ is instructed to treat the petition as one to set aside the order and to clarify the situation regarding the applicant's attorney's petition to be relieved as counsel.

Petition for ReconsiderationStipulated AwardPetition for RemovalPetition to Set AsideLabor Code Section 590960-day periodTransmission of CaseEAMSFinal OrderInterlocutory Order
References
Case No. ADJ8008163 ADJ9898937 ADJ9139955
Regular
Sep 06, 2016

Bruce Shannon vs. SANTA CLARA VALLEY TRANSPORTATION AGENCY

The Workers' Compensation Appeals Board dismissed Bruce Shannon's petition for reconsideration of three Compromise and Release Orders. The petition was deemed skeletal, lacking specific grounds, facts, and legal arguments to justify reconsideration. The Board treated Shannon's subsequent ex parte application as a petition to set aside the original orders, which should first be heard by the Workers' Compensation Judge. Until a decision is made on the petition to set aside, the Board dismissed the petition for reconsideration as premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAdministrative JudgePro PerEx Parte ApplicationRescinding OrdersInadequate SettlementLabor CodeElectronic Adjudication Management System
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
Case No. ADJ8714470
Regular
Mar 21, 2017

PERRY MOSS vs. THE GOLDEN STATE WARRIORS, TIG INSURANCE COMPANY

This case involves a workers' compensation applicant who seeks to set aside a prior Compromise and Release agreement. The applicant claims the agreement was procured by fraud and he has new evidence of permanent disability. The Appeals Board has dismissed the applicant's "Petition for Reconsideration" as such, but designated it as a "Petition to Reopen and Set Aside the OACR." The matter is now returned to the trial level for the WCJ to consider the applicant's petition.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationPetition to Set AsideCumulative InjuryPropria PersonaFraudNew EvidencePermanent Disability RatingGood Cause
References
Case No. ADJ8189699
Regular
Mar 27, 2013

VERONICA TREJO vs. COUNTY OF LOS ANGELES

This case involves a dispute over a workers' compensation award based on stipulations approved at a mandatory settlement conference where the applicant was not present. The defendant sought to set aside the award, alleging issues with signatures and a "mutual mistake" regarding permanent disability. The Appeals Board denied the applicant's petition for removal, upholding the judge's authority to set aside the award pending further investigation. The Board highlighted serious ethical concerns regarding potential misconduct by both parties in the filing of the stipulations. The case was remanded for a status conference to address signature validity and potential sanctions.

Petition for RemovalOrder Setting Aside AwardStipulations with Request for AwardMandatory Settlement ConferenceAgreed Medical EvaluatorPetition to Set Aside StipulationMutual MistakeFraudDue ProcessEthical Misconduct
References
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