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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. ADJ8081723
Regular
Apr 29, 2014

BEATRIZ DELGADO vs. INDUSPAC CALIFORNIA, INC./WESTERN FOAM PACKING PRODUCTS, PINNACLE

This case involves a Petition for Reconsideration filed by Applicant Beatriz Delgado. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The WCAB reasoned that reconsideration can only be sought for final orders that determine substantive rights or liabilities, not for interlocutory procedural orders. Pre-trial orders regarding evidence, discovery, trial setting, or venue are considered interlocutory and therefore not subject to reconsideration.

Petition for ReconsiderationDismissalInterlocutory OrdersFinal OrderSubstantive RightLiabilityPre-trial OrdersEvidenceDiscoverySetting for Trial
References
Case No. ADJ7671523
Regular
Oct 15, 2018

ALFONSO MUNGUIA vs. SBR ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration as untimely and not from a final order. However, the WCAB granted the lien claimant's petition for removal, finding that the WCJ's order disallowing the listing of all issues and arguments on the Pre-Trial Conference Statement caused significant prejudice. The WCAB rescinded the WCJ's minute order and returned the matter to the trial level for further proceedings. The claimant's industrial injury case had already been resolved by a Compromise and Release.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantPre-Trial Conference StatementWCJMinute Orderuntimely petitionfinal ordersubstantive right
References
Case No. ADJ7191038
Regular
Oct 06, 2015

ROBERTO CUEVAS vs. MODERN METHOD ROOFING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration and denied their Petition for Removal. The WCJ had continued a trial to allow the defendant, who repeatedly failed to appear, to submit an amended pre-trial conference statement. The Board found the WCJ's order to be an interlocutory procedural decision, not a final order, thus making reconsideration improper. Removal was denied as the lien claimant failed to demonstrate irreparable harm.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantMinute OrderContinue TrialAmended Pre-trial Conference StatementReopen DiscoveryFinal OrderInterlocutory Order
References
Case No. ADJ6939085
Regular
May 09, 2014

APACELY HERNANDEZ vs. ALLAN AIRCRAFT SUPPLY COMPANY, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed petitions for reconsideration filed by Allan Aircraft Supply Company and Markel Services. The WCAB held that reconsideration can only be granted for final orders, not interlocutory procedural orders. Pre-trial orders concerning evidence, discovery, trial setting, or venue do not determine substantive rights and are therefore not subject to reconsideration. This dismissal aligns with established precedent defining final orders as those that determine substantive rights or liabilities.

Workers' Compensation Appeals BoardPetitions for ReconsiderationDismissalInterlocutory OrdersFinal OrdersSubstantive RightsLiabilityPre-trial OrdersDiscoveryVenue
References
Case No. ADJ2311576
Regular
Nov 13, 2012

JOANNE GARCIA vs. THE HOME DEPOT USA, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Home Depot's petition for reconsideration because it was based on an interlocutory order, not a final decision. Reconsideration is only permissible for final orders that determine substantive rights and liabilities. Pre-trial orders concerning evidence or trial settings are considered interlocutory and thus not subject to reconsideration. The WCAB also noted that the lien claimant was not aggrieved.

Petition for ReconsiderationDismissalFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesWCJWorkers' Compensation Appeals BoardLabor Code Section 5900Aggrieved Party
References
Case No. ADJ4173320(VNO 0386574)
Regular
Nov 18, 2019

RENEE SOTILE vs. KTLA, Permissibly Self-Insured, Administered by BROADSPE

The Workers' Compensation Appeals Board dismissed Renee Sotile's Petition for Reconsideration. This dismissal was based on the fact that reconsideration can only be granted for final orders, decisions, or awards, not interlocutory procedural orders. Pre-trial orders concerning evidence, discovery, trial setting, or venue are considered interlocutory and do not determine substantive rights or liabilities. Therefore, the Board found Sotile's petition was improperly filed and dismissed it.

Petition for ReconsiderationDismissalInterlocutory OrdersFinal OrderSubstantive RightLiabilityWCJAdministrative Law JudgeWorkers' Compensation Appeals BoardLabor Code section 5900
References
Case No. ADJ8433569
Regular
Jan 28, 2015

MICHAEL KATZ vs. CITY OF CALIFORNIA CITY, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the Applicant's petition for reconsideration. This dismissal was based on the principle that reconsideration can only be sought for final orders, not interlocutory procedural rulings. The WCAB clarified that pre-trial orders concerning evidence, discovery, trial scheduling, or venue are considered interlocutory and do not determine substantive rights. Therefore, the petition was dismissed as it was not filed in response to a final, appealable decision.

Petition for ReconsiderationDismissalInterlocutory OrderFinal OrderSubstantive RightLiabilityWCJAdministrative Law JudgeWorkers' Compensation Appeals BoardPre-trial Order
References
Case No. ADJ4330106 (LBO 0374013)
Regular
Feb 06, 2014

VICTORIA WILLIAMS vs. RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration filed by Victoria Williams. The WCAB determined that the petition was not properly before it because it sought reconsideration of an interlocutory procedural order, not a final order that determines substantive rights. Such pre-trial orders are not subject to reconsideration under Labor Code section 5900. Even if the petition had addressed a final order, it would have been denied on the merits based on the WCJ's report.

Petition for ReconsiderationDismissalFinal OrderInterlocutory OrderSubstantive RightLiabilityPre-trial OrderEvidenceDiscoveryVenue
References
Case No. ADJ1052618
Regular
May 24, 2012

HAYDEE MUNOZ vs. PAYLESS SHOESOURCE, GALLAGHER BASSETT

This case concerns a Petition for Reconsideration and Removal filed by the applicant, Haydee Munoz. The Workers' Compensation Appeals Board dismissed the petition because it was not filed from a "final" order that determined substantive rights or liabilities. The petition, in this instance, sought reconsideration of a pre-trial order regarding evidence, which is considered a non-final interlocutory order. Therefore, both the petition for reconsideration and the request for removal were denied.

Petition for ReconsiderationFinal OrderInterlocutory OrdersSubstantive RightLiabilityRemovalWorkers' Compensation Appeals BoardLabor Code SectionsNon-FinalProcedural Decisions
References
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