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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. LAO 855766
Regular
Jul 16, 2007

JUAN L. FLORES vs. HEDENBERG, INC., dba IHOP, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendant's petition to terminate temporary total disability indemnity. While the defendant's initial petition had procedural defects, including failing to adhere to filing deadlines and content requirements, the Board found that Labor Code section 4700 dictates no liability for temporary disability benefits exists beyond the date of the applicant's death. Consequently, the Board rescinded the prior order and issued a new order terminating the defendant's liability for temporary total disability indemnity as of February 20, 2007, the date of the applicant's death.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Terminating LiabilityTemporary Total Disability IndemnityLabor Code Section 4700Applicant's DeathPermanent and StationaryPetition to Terminate LiabilityCalifornia Code of RegulationsRule 10462
References
Case No. ADJ6877517
Regular
Feb 10, 2017

LILIANA PEREZ vs. E. & J. GALLOW WINERY

The Workers' Compensation Appeals Board denied the defendant winery's petition for reconsideration. The defendant argued that the applicant's prior petition to reopen initiated all subsequent proceedings, including their own petition to terminate benefits. However, the Board found this contention meritless as the applicant's petition sought only new and further disability, not termination, and was withdrawn before trial. Labor Code section 4607, regarding unsuccessful proceedings to terminate awards, thus applied only to the defendant's actions.

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityTerminate Medical AwardLabor Code 4607Unsuccessful TerminationInitiated ProceedingsWithdrawal of PetitionWCJ ReportAppeals Board Rule 10848
References
Case No. ADJ4027846 (LBO 0307467) ADJ2201422 (LBO 0361370)
Regular
Sep 12, 2014

RUBEN ESTRADA OVALLE vs. BRISTOL FARMS, AMERICAN CASUALTY, PHICO, SEDGWICK, SPRINGFIELD COVINA

The Workers' Compensation Appeals Board dismissed two petitions for reconsideration filed by applicant Ruben Estrada Ovalle. The first petition was dismissed because it challenged a non-final interlocutory order, not a decision determining substantive rights or liabilities. The second petition was dismissed as unverified and unintelligible, failing to comply with Labor Code requirements. Additionally, the applicant's answer to the WCJ's Report was disregarded for violating WCAB Rules.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightLiabilityUnverified PetitionUnintelligible PetitionWCAB Rule 10848Dismissed PetitionsWorkers' Compensation Appeals Board
References
Case No. ADJ6501139
Regular
Mar 09, 2010

AARON GOMEZ vs. SUNWOOD DOORS, INC., STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which argued that Pacific Employers' Insurance Company, the terminal carrier, was a necessary party. The Board adopted the presiding judge's report, finding no basis for removal. Additionally, the applicant's petition for removal was dismissed as untimely. The case will proceed to trial without the joined carrier.

Petition for RemovalContinuous Trauma ClaimTerminal CarrierDue Process RightsPetition for Leave to File Supplemental PetitionApplicant's AnswerPetition for SanctionsPresiding Workers' Compensation Administrative Law JudgeOrder for TrialJoinder of Party
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. ADJ8810795
Regular
Jul 21, 2014

MARIA AGUIRRE vs. LOMPOC VALLEY MEDICAL CENTER

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This decision affirmed the award of attorney's fees to the applicant under Labor Code section 4651.3. The Board found that the defendant's continued pursuit of terminating temporary disability benefits, despite medical evidence indicating ongoing disability and a subsequent withdrawal attempt, triggered the attorney fee liability. This denial upholds the principle that applicant's attorney fees are awarded for successfully resisting a petition to terminate benefits, regardless of the defendant's intent.

WCABPetition for ReconsiderationLabor Code section 4651.3attorney's feesPetition to Terminatetemporary disabilitystrict liability statutemedical reportingdepositionPTP
References
Case No. ADJ645552 (LAO 0886551)
Regular
Jan 19, 2012

JOSE MARTINEZ vs. EXERCERA, INC. & CHINA LING LLC, COMPWEST NEWPORT BEACH, CHARTIS PHOENIX

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, which sought to terminate temporary disability indemnity payments. The defendant claimed they had exceeded the statutory 104-week limit for temporary disability. However, the Board found insufficient evidence to support the defendant's claim, noting that no hearing was held and records regarding payment periods and the applicant's claims were missing. Additionally, the applicant's estoppel argument, based on delayed payments preventing necessary surgery, requires further evidentiary development. Therefore, the denial of the defendant's petition to terminate benefits was affirmed.

Petition for RemovalOrder Denying Petition to TerminateTemporary Disability IndemnityLabor Code section 4656(c)(1)104 compensable weeksestoppeldate of injuryAgreed Medical Evaluator (AME)surgeryWCJ
References
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