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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. ADJ7469887, ADJ4689210, ADJ6906409
Regular
Apr 30, 2018

Donald Yeager vs. CALPORTLAND COMPANY, MITSUI SUMITOMO INSURANCE USA, INC.

The Workers' Compensation Appeals Board granted applicant's petition for removal to address an unclear administrative law judge (WCJ) order reassigning the trial. The Board found the record lacked sufficient evidence to support the reassignment, particularly regarding how a prior assignment order was disregarded. Consequently, the Board rescinded the reassignment order and returned the matter to the Presiding WCJ for further proceedings to establish an adequate record and determine any valid grounds for reassignment. This action ensures proper procedure and evidence review before a final decision.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentPresiding WCJQualified Medical Evaluator (QME)ReconsiderationSubstantial PrejudiceIrreparable HarmDiscovery IssuesMandatory Settlement Conference (MSC)
References
Case No. ADJ2957106 (VNO 0541600)
Regular
Feb 11, 2014

GLENWOOD KIRBY BUSCHMAN vs. GARY D. DAVIS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification of WCJ George Ferris. The Board found the petition to be successive, as it repeated previously denied claims, and moot because the WCJ has retired. Therefore, no further appeal regarding this disqualification is available before the Board.

Petition for DisqualificationSuccessive PetitionMoot PetitionWCJPresiding WCJWorkers' Compensation Appeals BoardAutomatic ReassignmentDenied PetitionCrowe Glass Co.Industrial Accident Commission
References
Case No. ADJ6880109
Regular
Feb 15, 2023

NANCY RODRIGUEZ vs. HSBC, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES INC.

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal. This action rescinded a previous Minute Order and returned the case to the Presiding Judge WCJ. The goal is to reassign the case to a new WCJ for a fresh review of all evidence and arguments. This ensures a new judge can properly address pending issues and determine the future course of the proceedings.

Petition for RemovalDecision After RemovalWCJWorkers' Compensation Appeals BoardStipulations and Issuespending retirementreassignmentMinute Orderrescindedtaken off calendar
References
Case No. ADJ3507926 (MON 0335218)
Regular
Mar 04, 2013

Douglas Maida vs. GEP Entertainment Services, AIG Claim Services, Inc.

The applicant's attorney sought to withdraw from representation due to a breakdown in the attorney-client relationship, primarily stemming from the applicant's frustration over a credit issue. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the WCJ's order denying withdrawal was not a final order. However, the Board granted the petition for removal, rescinded the WCJ's order, and allowed the attorney's withdrawal. The case is returned to the Presiding Judge to address the unresolved credit issue, potentially through a settlement conference with the applicant appearing in pro per.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJWithdrawal of AttorneyCumulative TraumaStipulations with Request for AwardPermanent DisabilityCreditThird Party Case
References
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
Case No. ADJ8217179
Regular
Jun 18, 2012

CYNTHIA BRUNNEMER vs. DFA OF CALIFORNIA, LIBERTY MUTUAL

Applicant's attorney filed a petition that was initially miscaptioned as a "Petition for Disqualification," causing confusion for the Workers' Compensation Judge. The applicant later amended the petition to clarify it sought only an "automatic reassignment" (peremptory challenge) of the judge, not disqualification. The Appeals Board dismissed the disqualification portion and remanded the reassignment petition for determination by the presiding judge or a designee. The Board cautioned the attorney about the wasted time and resources due to the imprecise initial filing.

Petition for DisqualificationAutomatic ReassignmentWCJWCAB Rule 10453WCAB Rule 10452Peremptory ChallengePresiding WCJReport and RecommendationLab. Code § 5311Cal. Code Regs. tit. 8 § 10452
References
Case No. ADJ10075393
Regular
Jan 06, 2016

HERMINIO ESCOBAR vs. CBN INDUSTRIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Centro Medico Sevilla, rescinding an order that dismissed their lien due to alleged non-appearance. The Board found a factual dispute regarding whether the lien claimant's representative refused to appear or if due process was denied. The case is remanded to the trial level for a new hearing before a different WCJ to determine the facts and decide whether to reinstate the lien claim.

Lien claimantReconsiderationOrder Dismissing Lien Claim for Non-AppearanceWCJHearing representativeStatute of limitationsDue processDeclaration of Readiness to ProceedPetition for ReconsiderationDecision After Reconsideration
References
Case No. ADJ9200986
Regular
Sep 04, 2014

JESUS LOPEZ vs. ADAM BROTHERS FARMING, INC., ZENITH INSURANCE COMPANY

The Appeals Board granted reconsideration to review a $2,500 sanction imposed by a WCJ on Ms. Tapia, a non-certified interpreter. Ms. Tapia contended the sanction was improperly issued without due process and that the WCJ erred in factual findings. The Appeals Board found the record inadequate and the WCJ's assertion that no order was issued contradicted the Minutes of Hearing. Therefore, the disposition order imposing sanctions was rescinded, and the matter was returned for further proceedings to develop a complete record and determine sanction appropriateness.

Workers' Compensation Appeals BoardReconsiderationSanctionUncertified InterpreterCompromise and Release AgreementMinutes of HearingWCJ Report and RecommendationDisqualificationPresiding WCJRescind
References
Case No. ADJ9163139 (MF); ADJ9163137; ADJ9680543; ADJ11211739
Regular
Sep 25, 2018

ANGELINA GERMAN vs. WAYNE J.W. SYN, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY, PREFERRED EMPLOYERS INSURANCE COMPANY

The Appeals Board rescinded the WCJ's July 12, 2018 Findings and Order in all four case numbers due to a confusing and inconclusive record. Conflicting Stipulations and Issues and unclear findings regarding the nature and dates of the applicant's alleged neck injuries prevented meaningful review. The matter is returned to the trial level for reassignment to a new WCJ to establish a clear record and render a new decision.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaNeck InjuryRegistered Dental AssistantFindings and OrderStipulations and IssuesLabor Code Section 5313Rescinded DecisionReturned to Trial Level
References
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