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

Case No. ADJ3491952
Regular
Sep 04, 2012

ELISEO CHACON vs. PICO RIVERA PALLETS INCORPORATED, CALIFORNIA INSURANCE COMPANY

This case involves a lien claimant, Access Mediquip, seeking payment for surgical implants. The Workers' Compensation Judge disallowed the lien, finding the claimant not credible regarding the actual costs of the implants, despite acknowledging their provision. Access Mediquip filed a petition for reconsideration, but the Appeals Board dismissed it. The dismissal was based on the petition being untimely filed 26 days after the judge's decision was mailed, exceeding the statutory 20-day period extended by 5 days for mail service.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationTimelinessDismissalWCJ decisionLumbar fusion surgeryAccess MediquipPico Rivera PalletsCalifornia Insurance Company
References
Case No. ADJ1421021 (SFO 0487736)
Regular
Nov 06, 2008

MARGARITO RIVERA vs. J. RAVELLA CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in Margarito Rivera's case. The Board rescinded the prior decision and returned the matter to the WCJ for further proceedings and a new decision. This action is not a final determination on the merits of the case.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgegrant reconsiderationrescind decisionfurther proceedingsdecision after reconsiderationtrial levelSeptember 25 2008J RaveNlla Construction
References
Case No. ADJ10275844
Regular
Apr 26, 2018

MARIA RIVERA vs. WELMORE TOOL & ENGINEERING, OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in Rivera v. Welmore Tool & Engineering. This action was taken because a settlement has been reached during the pendency of the reconsideration. Consequently, the prior decision is rescinded, and the case is returned to the trial level for the WCJ to consider the proposed settlement. The WCJ will either approve the settlement or reinstate the original decision, with the option for either party to seek further reconsideration.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJ DecisionAdministrative Law JudgeFurther ProceedingsDecision After Reconsideration
References
Case No. ADJ1357359 (ANA 0384919) ADJ2070955 (ANA 0381261) ADJ2274268 (ANA 0381264) ADJ1962006 (ANA 0381265)
Regular
Oct 04, 2011

JOSE RIVERA vs. CENTRAL FREIGHT LINES, ARROWWOOD INDEMNITY COMPANY

This case concerns the proper rating schedule for Jose Rivera's multiple industrial injuries. The Workers' Compensation Appeals Board granted reconsideration, finding that the administrative law judge erred by applying the 1997 rating schedule to all injuries. Specifically, the Board determined that the 2005 rating schedule should apply to the lumbar spine injury, as the medical report cited did not indicate permanent disability. However, a report from November 2004 did indicate permanent disability for the left lower extremity injury, thus allowing the use of the 1997 schedule for that specific injury. The Board rescinded the prior award and remanded the case for further proceedings and a new decision.

Workers' Compensation Appeals BoardJose RiveraCentral Freight LinesArrowwood IndemnityJoint Findings and AwardPermanent DisabilityLumbar SpinePsycheLeft WristLeft Foot
References
Case No. ADJ10112502 ADJ9730487
Regular
Apr 03, 2017

EDGAR RIVERA vs. FITNESS INTERNATIONAL, LLC dba L.A. FITNESS, LIBERTY INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed Edgar Rivera's petition for reconsideration. The petition was deemed skeletal and failed to specifically state grounds and evidence. Additionally, the petition was not properly served on all adverse parties, which is a mandatory requirement for dismissal. The Board incorporated the Workers' Compensation Judge's report, which would have led to denial on the merits had the procedural defects not necessitated dismissal.

Petition for ReconsiderationDismissalWCJ ReportLabor Code Section 5902Appeals Board RulesSkeletal PetitionProof of ServiceAdverse PartiesCredibility DeterminationsWorkers' Compensation Appeals Board
References
Case No. ADJ1982202
Regular
Mar 09, 2009

NOEL RIVERA vs. SENSIENT TECHNOLOGIES CORPORATION, INC., CHUBB FEDERAL INSURANCE, SPECIALTY RISK SERVICES, INC.

This case involves a claim by Noel Rivera against Sensient Technologies Corporation. The Court of Appeal denied the employer's petition for writ of review and found no reasonable basis for it, remanding the case for supplemental attorney fees. A stipulation between the parties was reached whereby the defendant agreed to pay $3,500.00 for these supplemental attorney fees. The Workers' Compensation Appeals Board approved this stipulation as reasonable.

Labor Code § 5801Supplemental Attorney's FeesPetition for Writ of ReviewDenial of PetitionRemittiturStipulationLump SumT. Mae YoshidaMullen & FilippiWCAB
References
Case No. ADJ6537779
Regular
Nov 29, 2010

FLORENCIO CASTANEDA vs. PICO RIVERA PALLET, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original finding that the applicant was entitled to temporary disability benefits. The Board found the applicant's treating doctor's reports were substantial evidence and that the defendant failed to provide proper notice of the Medical Provider Network (MPN). Furthermore, the Board granted removal on its own motion and issued a notice of intention to sanction the defendant and its counsel for multiple violations of Board rules in their petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationMedical Provider Network (MPN)Qualified Medical Examiner (QME)Temporary DisabilitySubstantial EvidenceNotice of IntentionSanctionsLabor Code section 5813Primary Treating Physician
References
Case No. ADJ2019047 (MON 0363206) ADJ2607993 (MON 0363205)
Regular
Feb 13, 2014

ALFONSO RIVERA vs. RITE-WAY MEAT PACKERS, INC., COMPWEST INSURANCE COMPANY

This case involves Alfonso Rivera's Petition for Reconsideration of a prior decision that denied his claim for new and further disability related to a back and hernia injury. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the administrative law judge's report. The Board emphasized that a prior 2010 award of lifetime medical treatment for the back and hernia remains in effect, and Rivera is encouraged to seek clarification from his attorney. Rivera's own handwritten statement, translated by the Board, expressed dissatisfaction and a need for medical attention, but lacked specificity.

Petition for ReconsiderationNew and Further DisabilityFindings and AwardStipulationLifetime Medical TreatmentCertified InterpreterPanel QMECumulative TraumaPermanent DisabilityOrthopedic Injuries
References
Case No. ADJ8-474698
Regular
Jul 07, 2017

NILDA RIVERA vs. CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Nilda Rivera's Petition for Reconsideration because it was filed against a non-final, interlocutory decision that did not resolve substantive rights or liabilities. Furthermore, the WCAB denied Rivera's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, nor a demonstration that reconsideration would be an inadequate remedy. The WCAB affirmed the administrative law judge's decision to dismiss these petitions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Removalfinal orderinterlocutory decisionsubstantive rightthreshold issueirreparable harmsubstantial prejudiceextraordinary remedy
References
Case No. ADJ16458244
Regular
Jul 07, 2025

LAVERNE RIVERA vs. CRST EXPEDITED INC., COTTINGHAM BUTLER CLAIM SERVICES

Applicant Laverne Rivera, a truck driver, sustained an industrial injury to her face, head, and cervical spine. The WCJ issued a Findings and Award on April 2, 2025, finding in favor of Rivera for temporary disability benefits and further medical treatment. Defendant CRST Expedited Inc. sought reconsideration, challenging the findings on cervical spine injury, average weekly wage, and the validity of the QME process. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the WCJ's decision based on substantial medical evidence and concluding that defendant waived certain arguments.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtruck drivercervical spine injuryaverage weekly wagetemporary disability benefitspanel QMEsubstantial medical evidenceearning capacity
References
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