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

Case No. ADJ852406 (LAO 0716928) ADJ4037204 (LAO 0716930)
Regular
Jun 26, 2012

TOK SUN SONG vs. KWON LEE dba PRINCE CAFÉ, CALIFORNIA INDEMNITY INSURANCE COMPANY

This order denies reconsideration of a prior decision by the Workers' Compensation Appeals Board. The Board reviewed the petition and the WCJ's report, adopting the judge's reasoning. Therefore, the petition for reconsideration is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportDenying ReconsiderationAlfonso J. MoresiMarguerite SweeneyFrank M. BrassPrince CaféCalifornia Indemnity Insurance Company
References
Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
Case No. ADJ10483272
Regular
Mar 08, 2018

ADRIAN FRIAS vs. AVANTI CAFE, TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) denied defendant Avanti Cafe's petitions for reconsideration. The WCAB reviewed the defendant's amended petitions, but found no substantial new grounds for appeal. While the WCAB adopted the workers' compensation judge's report, they specifically excluded the portion addressing the unsigned proof of service, while cautioning the defendant about future compliance. Therefore, the WCAB affirmed the prior decision and denied reconsideration.

Petitions for ReconsiderationAmended PetitionsProof of ServiceAppeals Board Rule 10505Workers' Compensation Administrative Law JudgeDenying ReconsiderationIncorporated ReportComplianceEndorsed StatementSigned Proof of Service
References
Case No. ADJ2136789 (MON 0357209)
Regular
Feb 27, 2012

ROBERT FLORES vs. GARNET PROTECTIVE SERVICES AND SECURITY, INC., JOSEPH'S CAFE, INC., PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original decision, and found the applicant was solely employed by Garnet Protective Services, not Joseph's Cafe. The Board further determined the applicant did not sustain an industrial injury on July 12, 2007. The majority concluded the applicant's commute to an extra shift did not constitute a special mission and fell under the "going and coming" rule. A dissenting commissioner argued the extra shift constituted a special mission, making the injury compensable.

Workers' Compensation Appeals BoardGarnet Protective ServicesJoseph's CafePennsylvania Manufacturers' Insurance CompanyUninsured Employers Benefits Trust FundPetition for ReconsiderationArbitrator's DecisionEmployee StatusDual EmploymentSpecial Employer
References
Case No. ADJ7340845
Regular
Mar 05, 2012

MARIA INIGUEZ vs. PERKOS CAFÉ AND GRILL, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an applicant's claim. The applicant, Maria Iniguez, injured herself while working as a cook at Perkos Café and Grill. The Board upheld the judge's finding that Iniguez reported her injury to Maria Vargas, who was deemed a supervisor under Labor Code § 3600(a)(10), despite the employer's claims otherwise. The decision emphasized giving great weight to the judge's credibility findings regarding the witnesses.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilityGarza v. Workmen's Comp. Appeals Bd.Findings of Fact and Ordershift supervisorreporting injuryL.C. §3600(a)(10)supervisory personperson in charge
References
Case No. ADJ9351964 ADJ9351965
Regular
Mar 15, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFÉ, INC., ZENITH INSURANCE COMPANY

In this case, the Workers' Compensation Appeals Board granted reconsideration of its prior en banc decision. The prior decision held that Chapter 20 of Division 8 of the Business and Professions Code did not apply to a copy service lien claimant acting as an agent or independent contractor for a lawyer. Consequently, proof of registration and bonding under Business and Professions Code sections 22450 and 22455 was deemed unnecessary in such circumstances. The Board granted reconsideration to further study the factual and legal issues presented.

Workers' Compensation Appeals BoardYounique CaféZenith Insurance CompanyWestern Imaging ServicesInc.Rogelio CornejoPetition for ReconsiderationEn BancChapter 20Business and Professions Code
References
Case No. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
References
Case No. ADJ10345987, ADJ10346315
Regular
Jul 26, 2016

MIGUEL SILVAN vs. NKECHI AFRICAN CAFE

The Workers' Compensation Appeals Board (WCAB) dismissed Miguel Silvan's Petition for Reconsideration because it was not filed from a "final" order determining substantive rights or liabilities. The WCAB also denied his Petition for Removal, finding no substantial prejudice or irreparable harm would result from denial. The WCJ's report, adopted by the WCAB, determined the appealed decision was procedural and interlocutory. Therefore, both the Petition for Reconsideration and Removal were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
Case No. ADJ9351964, ADJ9351965
En Banc
Apr 13, 2016

Rogelio Cornejo vs. Younique Cafe Inc., Zenith Insurance Company

The Appeals Board affirmed its prior en banc decision, holding that a copy service acting as an agent or independent contractor for an attorney is exempt from the registration and bonding requirements of the Business and Professions Code when seeking to recover medical-legal copy service fees.

Workers' Compensation Appeals BoardYounique Café IncZenith Insurance CompanyWestern Imaging ServicesBusiness and Professions Code Section 22451Medical-Legal ExpensesLabor Code Section 4620Lien ClaimantIndependent ContractorState Bar
References
Case No. ADJ7839029; ADJ7841350
Regular
Jun 25, 2014

Fernando Murillo vs. Yonique Café, Inc., Zenith Insurance Company

This case involves a lien claimant, Ameri Chiropractic Group (LC), seeking disqualification of a Workers' Compensation Judge (WCJ). LC alleged bias based on a WCJ order requiring a doctor's personal appearance at trial regarding treatment and the lien's validity. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. WCAB Rule 10452 dictates a strict 10-day filing period after notice of hearing for such petitions. LC's petition was filed three months after being served with the order, rendering it untimely regardless of when new counsel was retained.

Petition for DisqualificationUntimely FilingWCJ BiasLien ClaimantAmeri Chiropractic GroupWCAB Rule 10452Order for AppearanceDismissal of LienPinnacle Lien ServicesAdministrative Law Judge
References
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