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

Case No. ADJ6786901
Regular
Aug 24, 2010

IDELFONSO RODRIGUEZ vs. GARDEN FRESH RESTAURANTS CORPORATION, TRAVELERS PROP. CASUALTY COMPANY OF AMERICA

This case involves a defendant's premature petition for dismissal of a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the prior order was interlocutory and not a final determination of substantive rights. Furthermore, the WCAB denied the defendant's request for removal, finding no basis for extraordinary relief due to lack of demonstrated prejudice. The WCAB affirmed the judge's denial of dismissal as premature under Board Rule 10582.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalInterlocutory OrderFinal OrderLabor CodeSubstantive RightLiabilityApplication for Adjudication
References
Case No. ADJ16905183
Regular
Apr 03, 2025

KIMBERLY ARREOLA CORTES vs. OC DIRECT DELIVERY, OLD REPUBLIC INSURANCE COMPANY

Kimberly Arreola Cortes, a delivery associate, claimed a work-related injury but repeatedly failed to attend scheduled medical evaluations with QME Dr. Ryan Culver due to personal reasons and relocation. Following a petition by the defendant, OC Direct Delivery, for dismissal due to inactivity, the WCJ issued a Notice of Intention to Dismiss Case. Applicant filed a premature Petition for Reconsideration, incorrectly believing the NIT was a final order. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration, finding both applicant's petition and defendant's prior petition for dismissal premature due to errors in applying notice periods for out-of-state service, and returned the matter to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to DismissQualified Medical EvaluatorAOE/COEOut-of-State RelocationWCAB Rule 10550Inactive Case DismissalPetition for DismissalPremature Filing
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. VNO 380163
Regular
Mar 26, 2008

Lawrence Reichelt vs. CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration as premature, successive, and untimely, as it related to issues already addressed in prior final orders. The WCAB also denied the applicant's Petition for Removal, adopting the WCALJ's report recommending denial. The case was then returned to the trial level for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovalWCJmileage reimbursementtravel expensesDr. Dicksteinfinal ordersprematuresuccessive
References
Case No. ADJ10361681
Regular
Jul 26, 2019

ZIBA AMINI vs. COUNTY OF LOS ANGELES DEPARTMENT OF CHILDREN AND FAMILY SERVICES

The Appeals Board dismissed the County of Los Angeles's petition for reconsideration as premature because no evidence was presented to support their claim of a temporary disability overpayment. The defendant's challenge was based on newly discovered evidence, but the Workers' Compensation Judge had not yet held a hearing to consider this evidence. The Board remanded the case to the trial level for a hearing to establish a record before any appeal could be considered.

Stipulations with Request for AwardPetition for ReconsiderationDismissalPrematureNewly Discovered EvidenceOverpaymentTemporary Disability IndemnityPermanent DisabilityFuture Medical CareGood Cause
References
Case No. ADJ15927101
Regular
Sep 26, 2022

FRANCISCO VILLEGAS vs. RESTAURANT EQUIPMENT FABRICATION, ICW GROUP INSURANCE COMPANIES - SAN DIEGO

The defendant sought reconsideration of an approved Compromise and Release (C&R) based on alleged unilateral mistake. The Appeals Board dismissed the petition for reconsideration as premature. The matter is returned to the trial level for the judge to treat the defendant's filing as a petition to set aside the C&R and schedule a hearing. This will allow the defendant to present evidence supporting their claims and create a record for a decision.

Compromise and ReleasePetition for ReconsiderationPetition to Set AsideOrder Approving Compromise and Releaseprematuretrial leveldue processfair hearingrescindalter
References
Case No. ADJ11515152
Regular
Mar 17, 2020

Kyle Herrera vs. Tom's Floor Co., WESCO Insurance Company

Applicant sought reconsideration of an approved Compromise and Release, alleging he received inaccurate information leading to an insufficient settlement. The Appeals Board dismissed the petition as premature because no evidence was presented to support the applicant's allegations. The Board returned the matter to the trial level for a hearing to determine if good cause exists to set aside the settlement. Following this hearing, either party may then file a timely petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseGuardian ad LitemFlooring installerLump sum paymentUntimelyDeny reconsiderationPrematureSet aside
References
Case No. ADJ8808642
Regular
Dec 18, 2018

ANTONIO RIZO vs. DECORATIVE SPECIALIST INC.

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as premature. The Board found the applicant's petition, alleging fraud and lack of evidence regarding a Compromise and Release, was not properly before them without a full trial record. Instead, the matter was returned to the trial level to be considered as a Petition to Set Aside the Compromise and Release. This action allows for a proper assessment of the circumstances surrounding the settlement and a potential hearing.

Compromise and ReleasePetition for ReconsiderationWCJSet AsideGood CauseMutual MistakeFraudUndue InfluenceProcedural IrregularitiesTimeliness
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. ADJ10298858
Regular
Oct 14, 2020

FRANCISCO AGUIRRE vs. NORTH COUNTIES DRYWAL, INC., INSURANCE COMPANY OF THE WEST

Applicant Francisco Aguirre filed a petition to reopen after a $49,500 Compromise and Release (OACR) was approved for an industrial injury. The Workers' Compensation Appeals Board (WCAB) treated the petition as one for reconsideration but dismissed it as premature. The WCAB returned the matter to the trial level for the judge to consider the petition as a motion to set aside the OACR, applying a 60-day extension to statutory deadlines due to Executive Order N-68-20.

Petition to ReopenCompromise and ReleaseIndustrial InjuryDrywall HangerPetition for ReconsiderationDismissalPrematureSet AsideLabor Code Section 5909Labor Code Section 5315
References
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