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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. ADJ3863284 (OXN 0147713)
Regular
May 13, 2013

ISAIAS ORTIZ vs. WATERWAY PLASTICS, SAFETY NATIONAL INSURANCE

This case involves two lien claimants whose liens were dismissed for failing to pay an activation fee prior to trial. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that Labor Code section 4903.06 only requires proof of payment of the fee at a "lien conference," not a subsequent trial. Because the lien conference occurred in 2012 and the trial in 2013, the lien claimants were not required to pay the fee prior to trial. The WCAB rescinded the dismissal orders and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationLien ConferenceLien TrialLabor Code section 4903.06Declaration of Readiness to ProceedDismissal with prejudiceRescind OrderReturn to trial level
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. ADJ1 0544723
Regular
Feb 21, 2017

CARLOS BARRAZA AYON vs. GILL RANCH COMPANY, INC.; ATHENS ADMINISTRATORS

The applicant sought reconsideration of a Notice of Benefit Ineligibility regarding a Return to Work Supplement, which was denied due to untimely application. The applicant argued inadequate notice of their right to a supplemental job displacement voucher (SJDV). The Appeals Board dismissed the petition as premature, finding the Director's decision was not yet subject to review at the trial level. The matter was returned to the trial level to first determine the applicant's entitlement to an SJDV, as their underlying case settlement did not address this issue.

Workers' Compensation Appeals BoardReturn to Work Supplement ProgramSupplemental Job Displacement VoucherNotice of Benefit IneligibilityPetition for ReconsiderationPrematureTrial LevelAdjudicate EntitlementCompromise and ReleaseLabor Code Section 5900(a)
References
Case No. ADJ803080 (LBO 0386412)
Regular
Mar 16, 2009

ANDRES SANCHEZ JUARES (Dec'd.), EVER REYES CARILLO (App.) vs. FANG CLOTHING, INC., INSURANCE COMPANY OF THE WEST GROUP/EXPLORER

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration from an insurer but granted removal of the case. The WCAB found that the administrative law judge (ALJ) improperly scheduled a trial conference when a status conference was requested to address discovery issues. This procedural error would cause prejudice and irreparable harm by forcing parties to trial prematurely without adequate discovery or settlement opportunity. Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalStatus ConferenceMandatory Settlement ConferenceLabor Code Section 5502Declaration of ReadinessPre-trial Conference StatementDiscovery IssuesStipulations
References
Case No. ADJ8162003
Regular
Dec 17, 2014

MARIA GUIZAR vs. CROWN PLAZA HOTEL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, PATRIOT RISK SERVICES

Defendant sought removal, arguing a trial date was set prematurely before a mandatory settlement conference. The Board reviewed the case and found the petition moot because the parties appeared for trial on the scheduled date and jointly requested the case be taken off calendar. The trial judge also effectively nullified the prior order the defendant objected to. Therefore, the Petition for Removal was dismissed as the issues raised were resolved.

Petition for RemovalMandatory Settlement ConferenceOrder Vacating JoinderWCJWorkers' Compensation Appeals BoardMootStatus ConferenceTrial DateDiscoveryStipulations
References
Case No. ADJ2036926 (FRE 0233858) ADJ1097945 (FRE 0233859)
Regular
Sep 16, 2010

LINDLA PINI vs. COUNTY OF FRESNO, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order to take the cases off calendar. The judge had determined further medical evidence was needed before trial, but the Board found this premature, as no evidence had yet been admitted. The Board stated that the necessity of augmenting the medical record can only be established after trial or submission for decision, not beforehand. The cases were returned to the trial level to be set for trial, with the judge retaining the power to supplement the record if necessary post-trial.

removalrescinded orderoff calendarmedical record developmentAlmaraz/Guzmansubstantial medical evidencesupplemental reportAME depotrial exhibitsmandatory settlement conference
References
Case No. ADJ2061639 (VNO 0553366) ADJ4481677 (VNO 0553364)
Regular
Sep 25, 2013

ARACELY MENJIVAR vs. NESTLE USA, INC., AMERICAN HOME ASSURANCE CO.

Here's a summary of the case for a lawyer, in four sentences: The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's orders to take the matters off calendar for medical record development prior to trial. The Board found the WCJ prematurely ordered record development without first establishing deficiencies in existing medical opinions after evidence admission. Consequently, the cases are returned to the trial level for proper trial proceedings. The Board denied the defendant's request to remove the WCJ, as it failed to meet statutory disqualification requirements.

Petition for RemovalOff CalendarMedical Record DevelopmentThreshold MatterDeficient Medical OpinionsTrial LevelDisqualification of WCJSection 5311WCAB Rule 10452Affidavit/Declaration
References
Case No. ADJ7940946 ADJ7941927
Regular
Apr 02, 2019

FAYE JENNINGS vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's Petition for Reconsideration because it was untimely filed, as proof of mailing is insufficient and the petition must be received within the statutory 25-day limit. The WCAB noted that the Defendant's request to set aside the Compromise and Release was premature because it had not been decided at the trial level. Therefore, the matter was returned to the trial level for further proceedings on the Petition to Set Aside.

Petition for ReconsiderationWCABworkers' compensation administrative law judgeWCJjurisdictionaluntimely petitionJoint Order Approving Compromise and ReleaseOACRdefective servicegood cause to set aside
References
Case No. ADJ9613485
Regular
Jan 03, 2015

DORIS GONZALES vs. HARBOR FREIGHT TOOLS, SAFETY NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board denied Doris Gonzales's Petition for Removal to rescind an order continuing her case to trial. Gonzales argued she hadn't completed discovery regarding her admitted psyche injury's permanent and stationary status and a newly diagnosed condition, fibromyalgia. The majority found her petition did not demonstrate substantial prejudice or irreparable harm, rendering removal an inappropriate remedy. Commissioner Sweeney dissented, believing further discovery was necessary and the trial date premature, especially concerning the un-evaluated psyche injury.

Petition for RemovalPsyche InjuryFibromyalgiaPermanent and Stationary StatusDiscoveryWorkers' Compensation Appeals BoardAdministrative Law JudgeMandatory Settlement ConferenceDue DiligencePremature Trial
References
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