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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. ADJ7708164
Regular
May 24, 2017

MICHAEL SAMBOLICH vs. COUNTY OF LOS ANGELES, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding it skeletal and non-compliant with legal requirements. The Board adopted the WCJ's report, which addressed the petitioner's contentions regarding reopening a stipulated award, new injuries to the hips, and the permanent disability rate. The WCJ found the petition's arguments unsupported by evidence and law, particularly concerning the cumulative trauma to the hips and the already agreed-upon disability rate.

Petition for ReconsiderationSkeletal PetitionLabor Code § 5902Appeals Board Rules§ 10842§ 10846§ 10852Petition DeniedWCJ ReportPetition to Reopen
References
Case No. ADJ7852815
Regular
Jul 28, 2015

JANE GREY WALKER vs. CITY OF OAKLAND

This case involves applicant Jane Grey Walker seeking to reopen her workers' compensation case due to new and further disability. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the judge's premature dismissal of her petition. The judge had dismissed the petition before the applicant had the full 30 days allowed by a Notice of Intention to Dismiss to provide supporting medical evidence. The WCAB rescinded the dismissal and returned the matter for further proceedings.

Petition for ReconsiderationPetition to ReopenNotice of Intention to DismissOrder Dismissing Petition to ReopenNew and Further DisabilityStipulations with Request for AwardAgreed Medical Examiner (AME)Due ProcessOpportunity to be HeardLabor Code Section 5803
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. 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
Case No. ADJ3399937 (VNO 0423516 ADJ8997142 ADJ10559387 ADJ7656828
Regular
Feb 27, 2019

DAVE ZADA vs. ALPRO MILLWORKING, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Dave Zada's petition for reconsideration. The WCAB found the petition untimely, successive, and skeletal, failing to meet procedural requirements for reconsideration. Zada also did not demonstrate how he was aggrieved by the prior WCAB decision. Therefore, the WCAB lacked jurisdiction to consider the petition.

Petition for ReconsiderationPro PerSuccessive PetitionUntimely PetitionSkeletal PetitionAggrieved PartyJurisdictional Time LimitVerified PleadingsMaterial EvidenceProof of Service
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. 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. 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. ADJ3393289 (LAO0594595)
Regular
Nov 05, 2010

BERNARD WILLIAM PONZI vs. LOS ANGELES MISSIONARY SOCIETY, FREMONT COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's request to file a supplemental petition for reconsideration but dismissed the original petition. The original petition was untimely, unverified, and skeletal, failing to meet procedural requirements for seeking reconsideration of prior orders. As no final order has issued since September 8, 1997, the applicant was not deemed aggrieved by a final decision. The WCAB recommended the applicant contact the Information and Assistance Officer for case status inquiries.

Workers' Compensation Appeals BoardFindings and AwardLien OrderPetition for ReconsiderationSupplemental PetitionUntimely PetitionUnverified PetitionSkeletal PetitionAggrieved PartyLabor Code Section 5900
References
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