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

Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ3345507
Regular
Sep 18, 2014

ROBERT MOOS vs. CITY OF INGLEWOOD

This case concerns a lien claimant's petition for reconsideration of an order disallowing their lien. The claimant argued they did not receive notice of a lien conference, but the Workers' Compensation Appeals Board (WCAB) record indicated proper service by mail. The WCAB upheld the administrative law judge's decision, presuming the notice was received and that the lien claimant failed to rebut this presumption with sufficient evidence. As the lien claimant also failed to object to a subsequent Notice of Intent to Dismiss their lien, reconsideration was denied.

Petition for ReconsiderationLien ClaimantNotice of Lien ConferenceService of ProcessPresumption of ReceiptEvidentiary CodeWCABWCJOrder Disallowing LienNotice of Intent to Dismiss
References
Case No. ADJ8613826
Regular
May 02, 2016

WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationNotice of Intention to DismissCompromise and ReleaseDue processNotice of Lien ConferenceAdministrative law judgeRescindVoid ab initio
References
Case No. ADJ6697121
Regular
May 13, 2013

GABRIELA GUZMAN vs. SIGUE CORPORATION, CRUM AND FORSTER

This case involves a lien claimant's petition for reconsideration after their lien was dismissed by a Workers' Compensation Judge for failure to pay a required lien activation fee and appear at a lien conference. The lien claimant claimed they lacked proper notice of the conference, but official records indicated notice was properly served. The Board found no good cause for the claimant's non-appearance or failure to respond to the subsequent dismissal order, concluding that a failure to calendar a properly noticed hearing does not constitute excusable neglect. Therefore, the petition for reconsideration was denied, affirming the dismissal of the lien.

Lien activation feePetition for reconsiderationWorkers' compensationLien claimantWCJOrder Dismissing Lien ClaimFailure to payProof of paymentLien conferenceExcusable neglect
References
Case No. ADJ8620205, ADJ8967412
Regular
Dec 10, 2015

SONIA RODRIGUEZ vs. FRESH BAKED LOVIN OVEN, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, TOWER SELECT INSURANCE COMPANY, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted removal, rescinding a WCJ's order taking the case off calendar. The Board found that key parties, including the applicant's legal representation (Bradford & Barthel, LLP) and their insurer (PMAIC), were not properly served with notices of hearings. This lack of notice prevented them from participating and asserting their rights, violating due process. The matter is remanded for a properly noticed lien conference and subsequent lien trial.

Workers' Compensation Appeals BoardPetition for RemovalWCJMinute OrderLien ConferenceLien TrialCompromise and ReleaseNotice of RepresentationDue ProcessService
References
Case No. ADJ357004 (LAO 0805077)
Regular
Apr 18, 2018

MARIA ESQUEDA vs. CSK AUTO CORPORATION dba KRAIGEN AUTO PARTS, ARROWPOINT CAPITAL CORPORATION, LIBERTY MUTUAL

This case involves a defendant seeking reconsideration of two orders allowing lien claims. The defendant argues they were never properly served with notice of the hearings or the orders, thus violating their due process rights. The Workers' Compensation Appeals Board granted reconsideration, finding the defendant's assertion of defective service persuasive. The Board rescinded the prior orders and returned the matter to the trial level for further proceedings to ensure proper notice and a fair hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimOrder Allowing LienProof of ServiceDue ProcessNotice of HearingWCJRescindedReturned to Trial Level
References
Case No. ADJ7618625
Regular
Dec 30, 2014

AMY ROBINOW JEFFERSON vs. RALPHS GROCERY COMPANY, SEDGWICK

This case involves a lien claimant's petition for reconsideration regarding a Workers' Compensation Appeals Board (WCAB) order. The WCAB denied the petition, adopting the reasoning of the Administrative Law Judge (ALJ). The core dispute concerns whether the employee received proper notice of the employer's Medical Provider Network (MPN), which impacted the validity of treatment obtained outside that network. The ALJ found the employee received proper notice through various exhibits and that the lien claimant's arguments were not persuasive. Ultimately, the WCAB affirmed the ALJ's decision to deny the lien claimant's request for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantMedical Provider Network (MPN)MPN NoticeApplicant's TreatmentLabor Code §4603.2(a)(3)Labor Code §4616.3(b)*Knight v. United Parcel Service*Primary Treating Physician (PTP)
References
Case No. ADJ3057068
Regular
Nov 01, 2010

Cecilio Torres vs. Holbrook Construction, Inc., Lincoln General Insurance Company, American Claims Management, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case for further proceedings. The applicant claimed a back and other injuries, alleging he notified his supervisor of the incident and subsequent pain before termination. The Board found the applicant met his burden to prove he provided sufficient notice of injury to his supervisor prior to termination, fulfilling the notice requirement of Labor Code section 3600(a)(10). Defendants failed to rebut the applicant's evidence that he reported the injury and requested medical treatment from his supervisor.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryTerminationPreponderance of EvidenceSupervisor NoticeActual NoticeEmployer KnowledgeWCJ Decision
References
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