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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9648149
Regular
Oct 30, 2014

ANGEL ZEPEDA vs. DMS FACILITY SERVICES, INC.; ZURICH NORTH AMERICA

The applicant, Angel Zepeda, sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration because further study of the factual and legal issues was necessary for a just decision. All future communications must now be filed in writing with the Office of the Commissioners, not district offices, and not electronically. This order grants reconsideration and directs further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrantedAugust 132014Statutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the Commissioners
References
Case No. ADJ1777780 (MON 0291909) ADJ4001050 (MON 0332982)
Regular
Dec 29, 2014

ALICIA CRUZ vs. CALIFORNIA HOSPITAL MEDICAL CENTER, SEDGWICK CMS

Both the applicant and defendants sought reconsideration of a prior WCAB decision. The Board granted reconsideration to allow for further study of the factual and legal issues presented. This action is necessary to ensure a complete understanding of the record and facilitate a just and reasoned decision. All future communications must be filed in writing with the Office of the Commissioners of the WCAB.

WORKERS' COMPENSATION APPEALS BOARDPetitions for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management Systemstatutory time constraintsfactual and legal issuesjust and reasoned decisionOffice of the Commissionersstreet addressPost Office Box address
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ3609759
Regular
Jan 14, 2016

LEONEL COLLAZO vs. GLOBAL MANUFACTURING, AIG CLAIMS

In *Collazo v. Global Manufacturing*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed October 30, 2015. The WCAB determined reconsideration was necessary to thoroughly review the factual and legal issues for a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners in San Francisco, not to district offices or via e-filing, unless specifically noted otherwise. The WCAB stressed that a judge cannot act on settlement proposals while reconsideration is pending.

PETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDGLOBAL MANUFACTURINGAIG CLAIMSADJ3609759LAO 0778512LOS ANGELES DISTRICT OFFICEOCTOBER 30 2015 DECISIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUES
References
Case No. ADJ6786389
Regular
Aug 14, 2013

LORENZO CASTILLO vs. Controlled Health Management Inc FRONTLINE MEDICAL ASSOCIATES STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves a Petition for Reconsideration filed by Controlled Health Management, Inc. for lien claimant Frontline Medical Associates. Frontline's lien was dismissed for failure to pay the lien activation fee. The Board denied the petition, finding that Frontline was properly served with notice of the hearing despite claims of mail delivery issues. The Petitioner's contention that they did not receive notice due to a missing P.O. Box number was also rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimOrder Dismissing Lien ClaimLien Activation FeeCompromise and ReleaseProof of ServiceDeclarationNotice of HearingService Address
References
Case No. ADJ8029086
Regular
Mar 21, 2014

GEORGE SANCHEZ vs. MYRON & DAVIS, EVEREST NATIONAL INSURANCE

This Workers' Compensation Appeals Board case, George Sanchez v. Myron & Davis; Everest National Insurance, involves a petition for reconsideration filed by the applicant. The Board granted reconsideration based on an initial review, citing the need for further study of factual and legal issues. This action is intended to ensure a comprehensive understanding of the record and enable a just decision. All future communications in this matter are to be filed in writing with the Office of the Commissioners of the WCAB, not district offices.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ8029086San Bernardino District OfficeDecision After ReconsiderationElectronic Adjudication Management SystemStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
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