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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. 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. ADJ6705977 ADJ6880053
Regular
Jun 13, 2014

TERRI SIEGEL vs. WALGREENS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's untimely petition for removal, finding it lacked merit and was frivolous. The Board noted the petition was filed months after the subject orders, violating the 20-day filing deadline. Additionally, the defendant failed to demonstrate prejudice or irreparable harm, or that reconsideration would be inadequate. Consequently, the Board intends to impose sanctions of up to $1,000 on the defendant for filing a baseless petition.

Petition for RemovalUntimely PetitionOrder Vacating SubmissionOrder Taking Off CalendarReport and RecommendationSanctionsFrivolous PetitionLabor Code Section 5813Appeals Board Rule 10561Significant Prejudice
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. ADJ10559387 (VNO 0423516)
Regular
Apr 13, 2020

DAVE ZADA vs. ALPRO MILL WORKING, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration. The WCAB found the petition to be skeletal, lacking specific grounds, failure to cite the record, and crucially, it was not verified as required by Labor Code section 5902. No timely cure or explanation was provided for the unverified petition. The WCAB also noted that it would have denied the petition on the merits based on the WCJ's report had procedural defects not led to dismissal.

Petition for ReconsiderationSkeletal PetitionUnverified PetitionLabor Code § 5902Appeals Board RulesWCJ ReportVacating GrantDismissing PetitionVerification RequirementMaterial Evidence
References
Case No. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
Case No. ADJ987728 (GOL 0100705) ADJ361855 (GOL 0100706)
Regular
Sep 22, 2009

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; permissibly self-insured, administered by KEENAN \u0026 ASSOCIATES

This case concerns a defendant's attempt to appeal a non-final order that took the matter off calendar for further medical record development. The Appeals Board vacated its prior order granting reconsideration, deeming it improvidently granted as the original order was not a final decision. The Board also denied the defendant's petition for removal, finding no irreparable harm or significant prejudice. This action effectively dismissed the defendant's procedural challenges to the WCJ's management of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalVacating OrderDismissing PetitionDenying PetitionAgreed Medical EvaluatorFurther DiscoveryAlmarazOgilvie
References
Case No. ADJ9802798
Regular
Sep 14, 2016

Jorge Gonzalez vs. Wire Tech, Inc., Everest National Insurance Co.

Applicant sought to vacate a Compromise and Release (C&R) agreement, alleging he changed his mind about settling his psychological claims before obtaining a psychological evaluation. The Appeals Board granted reconsideration, finding the applicant may have been denied due process by not having his Petition to Vacate fully heard. The case is returned to the trial level for an evidentiary hearing on the applicant's Petition to Vacate the C&R, with all other proceedings stayed pending resolution.

Petition to VacateOrder Approving Compromise and ReleaseDuressUndue InfluencePetition for ReconsiderationPsychological EvaluationVerified PetitionGood CauseEvidentiary HearingDue Process
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
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