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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8070046, ADJ10519001
Regular
Jun 11, 2018

LASHAWN WILLIAMS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involved sanctions imposed on applicant's attorney for verbally abusing opposing counsel. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reducing the sanctions from $750 to $500 because the WCJ improperly cited prior misconduct not included in the notice. The WCAB affirmed the award of $193.75 in costs, finding it reasonable for defense counsel's time spent addressing the incident. The attorney's petition for disqualification of the WCJ was denied, as the allegations were untimely, unsubstantiated, and based on general adverse rulings rather than actual bias.

Workers' Compensation Appeals BoardSanctionsReconsiderationDisqualificationWCJApplicant's CounselDefense CounselMandatory Settlement ConferenceVerbal AbuseCosts
References
Case No. ADJ4237598 (LAO 0866879), ADJ2618117 (VNO 0540849)
Regular
Jul 19, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Perona Langer's petition for reconsideration because it was a successive petition following a prior dismissal, and it was also untimely filed. The Board noted that Perona Langer failed to serve its initial petition on all adverse parties, leading to the first dismissal. Furthermore, even if the petition were timely and not successive, the Board found Perona Langer's argument for a larger fee share unpersuasive, as the WCJ had reasonably allocated fees based on the results and effort of each prior counsel. The Board affirmed that a party cannot file a second petition for reconsideration after an adverse ruling; they must seek a writ of review in the Court of Appeal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalAttorneys' FeesLabor Code Section 4906(d)Proof of ServiceAdverse PartiesTimelinessWrit of ReviewSuccessive Petition
References
Case No. ADJ3512719 (VNO 0375380) ADJ2236766 (VNO 0422641)
Regular
Dec 21, 2012

VERNON KASTNER vs. MCMAHAN'S FURNITURE, HIH INSURANCE, In Liquidation, CIGA Adjusted By INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed its prior decision, with amendments. The Board clarified the reasonable value of applicant's attorney's services at $17,300.00, payable from the permanent disability award. The award includes $117,360.00 for 81% permanent disability, less advances and attorney fees, followed by a weekly life pension.

WCABReconsiderationPermanent DisabilityApportionmentAttorney's FeesLife PensionCIGAHIH InsuranceIntercareIndemnity
References
Case No. ADJ1595121 (ANA 0369848) ADJ3409041 (ANA 0368368)
Regular
Jul 09, 2018

Victoriano Valadez, Marcos Arellano vs. Progressive Business Corporation, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal as untimely filed. The petition sought to overturn an order relieving the applicant's attorney, which occurred over eight months prior to the filing. While the Board would have denied the petition on its merits had it been timely, it emphasized that the WCJ's prior order relieving counsel was not a final determination of substantive rights. The WCAB also clarified that claims of attorney misconduct and requests for case files must be raised before the WCJ.

WCABPetition for RemovalOrder Relieving Attorney of RecordPetition for ReconsiderationUntimely FilingIncarcerated ApplicantGraiwer & KaplanLLPWithdrawal of CounselProcedural Order
References
Case No. ADJ2936583 (VNO 0386402) ADJ1823404 (VNO 0386401)
Regular
Feb 26, 2009

KEITH SCHKODA vs. STATE OF CALIFORNIA/DEPARTMENT OF INSURANCE; STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS, Legally Uninsured

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's prior decision, and returned the case for further proceedings. The Board adopted the WCJ's report, which recommended reconsideration of issues including the combination of injuries, separate findings of fact and law, apportionment, and attorney fees for prior counsel. The matter is remanded for the WCJ to reconsider the medical and testimonial record.

Workers' Compensation Appeals BoardReconsiderationRescinded decisionRemandedPrior counsel feesSpecific orthopedic injuryCumulative traumaApportionmentSection 4664Stipulation for Request for Award
References
Case No. ADJ477648 (MON 0356132)
Regular
2018-02-00

EARL PIERCE vs. HOOMAN PONTIAC GMC BUICK, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

This case involves a petition for reconsideration filed by the applicant's prior attorney challenging an Order Approving Compromise and Release (OACR) concerning a lien claim for attorney fees. The petition alleged the OACR improperly awarded fees to current counsel without satisfying the petitioner's lien. However, the petitioner subsequently withdrew the petition and requested it be set aside. Consequently, the Workers' Compensation Appeals Board dismissed the petition for reconsideration.

Petition for ReconsiderationOrder Approving Compromise and ReleaseLien ClaimAttorney FeesWCJWorkers' Compensation Appeals BoardLegacy FileEAMSDismissedPrior Attorney
References
Case No. AHM 0109985
Regular
Aug 04, 2008

JOSE PERDOMO vs. ABC SUPPLY COMPANY, INC., ESIS

This case involves a dispute over a deposition scheduled by applicant's counsel, which defense counsel claims was erroneously set and misrepresented. The defendant sought removal of an order that took the case off calendar, alleging prejudice from applicant's counsel's representations. The Appeals Board granted removal, rescinded the off-calendar order, and returned the matter to the trial level to determine the conflicting factual claims regarding the deposition.

Petition for RemovalOrder Taking Off CalendarAppirionWCJDepositionApplicant CounselDefense CounselVerified AnswerReport and RecommendationTrial Level
References
Case No. ADJ6733950
Regular
Jul 25, 2012

ANTHONY AVILA vs. MARK EVERETTE DRYWALL CO., EVEREST NATIONAL INSURANCE CO., AMERICAN CLAIMS MANAGEMENT

This case concerns an applicant's Petition for Reconsideration of a dismissal order. The applicant argues his due process rights were violated because the dismissal for failure to appear was improper since his counsel was present at trial dates. The Appeals Board found that as the applicant was represented by counsel at trial, dismissal was erroneous. The Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level, also noting the unresolved request for counsel to withdraw.

Petition for ReconsiderationOrder Dismissing CaseWCJdue processMandatory Settlement ConferencetrialMinutes of Hearingrelieved as counselNotice of Intention to Dismiss Casefailure to appear
References
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