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

Case No. ADJ590815 (RIV 0081064) ADJ6520585
Regular
Feb 22, 2012

CARMEN MARQUEZ vs. RYLAND HOMES, AIG CLAIMS SERVICES

This Workers' Compensation Appeals Board order denies a Petition for Removal in the case of *Marquez v. Ryland Homes, AIG Claims Services*. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is DENIED.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdeny removalRyland HomesAIG Claims ServicesADJ590815RIV 0081064Frank M. BrassNeil P. Sullivan
References
Case No. ADJ7399178
Regular
Nov 09, 2011

PHILIP JOHNSON vs. DISNEY COMPANY, LIBERTY MUTUAL

This case concerns a clerical error in a workers' compensation award where the applicant's attorney fee of $1,155.81 was omitted. The applicant sought reconsideration of the original award, arguing the fee was agreed upon in the Stipulations with Request for Award. The Workers' Compensation Appeals Board granted reconsideration, acknowledging the omission as a clerical error. The Board amended the original award to include the agreed-upon attorney's fee, affirming the rest of the decision.

Workers' Compensation Appeals BoardADJ7399178Philip JohnsonDisney CompanyLiberty MutualOpinion and Order Granting ReconsiderationStipulations with Request for Awardattorney's feeclerical errorToccalino v. Workers' Comp. Appeals Bd.
References
Case No. ADJ1959578
Regular
Oct 20, 2011

PHILIP DANIELS vs. COUNTY OF LOS ANGELES, Legally Uninsured, Administered by TRISTAR RISK MANANGEMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

In ADJ1959578, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an August 5, 2011 decision. This decision was made to allow the WCAB further time to thoroughly study the factual and legal issues presented. The Board believes this step is necessary for a complete understanding of the record and to ensure a just and reasoned final decision. All future communications in this matter should be directed to the WCAB's Office of the Commissioners in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionSubsequent Injuries Benefits Trust FundCounty of Los AngelesLegally UninsuredTristar Risk Management
References
Case No. ADJ1437076 (ANA 0355949), ADJ2064657 (ANA 0355947), ADJ3681784 (ANA 0355948), ADJ495794 (ANA 0355945), ADJ1053460 (ANA 0355946)
Regular
Sep 12, 2019

Ernest Martinez vs. THE HARTFORD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and affirmed the Workers' Compensation Judge's findings with minor amendments. The Board clarified the award for temporary disability in one claim and corrected clerical errors in another. The applicant, an attorney, raised multiple contentions regarding various injuries, including disputes over permanent disability awards, apportionment of psychiatric disability, and defendant's alleged non-compliance with prior orders. The Board largely adopted the Judge's reasoning, finding Dr. Cohen's apportionment of psychiatric disability to be substantial evidence and rejecting arguments for a single combined permanent disability award.

ADJ1437076ADJ2064657ADJ3681784ADJ495794ADJ1053460Petition for ReconsiderationJoint Findings Awards and OrdersWCJCumulative TraumaHeart Injury
References
Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
Case No. AHM 0142357, AHM 0142358
Regular
Jul 18, 2008

JORGE ALVAREZ vs. RICHARD COHEN LANDSCAPE & CONSTRUCTION, INC., BERKSHIRE HATHAWAY HOMESTATE INSURANCE COMPANIES for REDWOOD FIRE & CASUALTY INSURANCE COMPANY

This Workers' Compensation Appeals Board case involves a petition for reconsideration filed by an applicant. The Board has reviewed the petition and the administrative law judge's report and recommendation. Based on the judge's report, which the Board adopts, the petition for reconsideration is dismissed.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Law JudgeReport and RecommendationDismissedJorge AlvarezRichard Cohen Landscape & ConstructionBerkshire Hathaway Homestate InsuranceRedwood Fire & Casualty InsuranceCase Nos. AHM 0142357
References
Case No. ADJ10160818; ADJ1459849
Regular
Oct 27, 2025

PHILIP SCHULTZ vs. SAITEK INDUSTRIES, LTD.; CIGA

This case involves Philip Schultz, who filed an application for adjudication claiming a back injury. Travelers Indemnity Company (Travelers) sought reconsideration of a prior Appeals Board decision that erroneously identified Travelers as the workers' compensation carrier for Saitek Industries, Ltd. in 2001, despite Travelers having been dismissed from the case due to lack of coverage. The Appeals Board granted Travelers' petition for reconsideration, acknowledging its constitutional mandate to ensure substantial justice and correct clerical errors. The Board issued a notice of intention to amend its December 4, 2023 decision to strike the erroneous Finding 2, which incorrectly attributed coverage to Travelers.

Petition for ReconsiderationClerical ErrorWorkers' Compensation Appeals BoardDeclaraton of ReadinessCompromise and ReleaseCumulative InjurySubstantial JusticeDue ProcessNotice and Opportunity to Be HeardJurisdiction
References
Case No. ADJ7789975
Regular
Aug 20, 2015

VALARIE PHILIPS vs. SHARP HEALTHCARE, ACE AMERICAN INSURANCE

This Workers' Compensation Appeals Board case, ADJ7789975, involves an order dismissing a petition for reconsideration filed by Applicant Valarie Philips against Sharp Healthcare. The Board found the petition to be untimely, as it was filed more than 25 days after the Workers' Compensation Judge's decision. The Board emphasized that a petition for reconsideration must be *received* by the WCAB within the statutory timeframe, and mailing proof is insufficient. As the deadline is jurisdictional, the Board lacked authority to consider the late petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessDismissalLabor CodeCalifornia Code of RegulationsJurisdictionalAdministrative Law JudgeService by MailProof of Mailing
References
Case No. ADJ1184140 (VNO 0550814) ADJ1549266 (VNO 0540529)
Regular
Feb 15, 2019

IRIS COHEN vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves Iris Cohen claiming workers' compensation benefits against the State of California, Department of Corrections. The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration and dismissed their Petition for Removal. The WCAB found that a decision on injury arising out of and occurring in the course of employment is a final order, making reconsideration the proper remedy, not removal. Therefore, the defendant's request for removal was dismissed as procedurally improper.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ reportADEU/COEFinal orderSubstantive rightLiabilitySafeway StoresKaiser Foundation Hospitals
References
Case No. ADJ1773429 (MON 0282203) ADJ855226 (MON 0077581) ADJ2715287 (MON 0077582)
Regular
Nov 19, 2013

CURTIS WARD vs. TECHNICOLOR, INC.

This case involves a sanction imposed against applicant's attorney, Leatrice L. Cohen, for violating Workers' Compensation Appeals Board Rules. The Board found Ms. Cohen's attachment of over 300 pages of documents to a petition for removal to be improper, as Board Rule 10842(c) prohibits attaching exhibits. Her defense that some documents were not scanned into EAMS was rejected, as the rule prohibits attaching documents already present in the record. Consequently, the Board ordered Ms. Cohen to pay a $900 sanction to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDRemovalSanctionLabor Code section 5813Rules of Practice and ProcedurePetition for removalAppeals Board Rule 10842(c)ExhibitsEAMSFrivolous tactics
References
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