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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. ADJ6825643
Regular
Dec 14, 2010

ESPERANZA TORRES vs. RESCUE MISSION ALLIANCE, ZENITH WOODLAND HILLS

This is an Order Denying Reconsideration from the Workers' Compensation Appeals Board. The Board adopted the WCJ's report and denied the applicant's petition for reconsideration. The Board gave great weight to the WCJ's credibility findings, which formed the basis for denying reconsideration.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ Credibility FindingGarza v. Workmen's Comp. Appeals Bd.Rescue Mission AllianceZenith Woodland HillsADJ6825643ApplicantDefendantAdministrative Law Judge
References
Case No. ADJ7605039
Regular
May 25, 2012

LYNETTE KERMANINEJAD vs. GOOD SAMARITAN HOSPITAL, BROADSPIRE

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Kermaninejad v. Good Samaritan Hospital. The Board adopted the findings of the administrative law judge and incorporated them into their order. Defense counsel was admonished for attempting to introduce new evidence without meeting the required legal standard. Therefore, the Petition for Reconsideration was denied.

WCABReconsideration deniedNew evidenceWCAB Rule 10856Administrative law judge reportDefense counsel admonishedSan Jose District OfficeGood Samaritan HospitalBroadspireLynette Kermaninejad
References
Case No. ADJ8093801
Regular
Jun 21, 2013

GERARDO GUZMAN vs. BOA SUNSET, LLC, HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSET SERVICES, INC.

This case involves a petition for reconsideration filed by the applicant, Gerardo Guzman, which has been denied by the Workers' Compensation Appeals Board. The Board adopted and incorporated the report of the workers' compensation administrative law judge in their decision. The applicant's answer to the WCJ's report was also rejected. Therefore, the petition for reconsideration is formally denied.

WORKERS' COMPENSATION APPEALS BOARDReconsideration DENIEDWCJ Report adoptedPetition for Reconsideration rejectedCal. Code Regs. tit. 8 § 10848WCAB Rules of Practice and ProcedureBOA SUNSET LLCHARTFORD INSURANCE COMPANY OF THE MIDWESTGALLAGHER BASSET SERVICESINC.
References
Case No. OAK 0291213
Regular
Oct 03, 2007

Deborah Thompson vs. EAST BAY MUNICIPAL UTILITY DISTRICT, OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board dismissed a lien claimant's petition as unverified, but granted reconsideration for another lien claimant, Webster Surgery Center. Consequently, Webster's lien claim will be deferred for further proceedings at the trial level, while the original order regarding Bay Surgery Center was effectively upheld by dismissal.

Workers' Compensation Appeals BoardReconsideration DeniedReconsideration DismissedReconsideration GrantedLien ClaimUnverified PetitionLabor Code Section 5902Deferred LienFindings of FactDecision After Reconsideration
References
Case No. ADJ2750886 (VNO 0423874)
Regular
Apr 01, 2011

ROSALIND PRESS vs. LOS ANGELES UNIFIED SCHOOL DISCTRICT, Permissibly Self-Insured, administered by SEDGWICK CMS

The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Award, finding the applicant sustained industrial injury resulting in psychosomatic disorder. The Board noted the WCJ's decision heavily relied on applicant's credibility, but crucial evidence, the April 13, 2010 Minutes of Hearing, was missing from the record. The matter was returned to the trial level for further proceedings and a new decision to ensure a complete record for review. Removal was denied as reconsideration provided an adequate remedy.

Workers' Compensation Appeals BoardRosalind PressLos Angeles Unified School DistrictSEDGWICK CMSADJ2750886VNO 0423874Opinion and Order Denying RemovalGranting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ6978404
Regular
Jun 08, 2010

DIANA BURKE vs. SAFEWAY, INC.

This case involves a petition for reconsideration filed by applicant Diana Burke against Safeway, Inc., which was denied by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the report of the workers' compensation administrative law judge, finding no grounds for reconsideration. Therefore, the WCAB formally ordered the denial of the petition.

Workers' Compensation Appeals BoardSafeway Inc.Permissibly Self-InsuredDenying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportRecord ReviewIncorporated ReportOrder Denying Reconsideration
References
Case No. ADJ1169225 (STK 0210283)
Regular
Sep 28, 2009

KRISTIN PYLE (Deceased) vs. SCHENONE SPECIALTY FOODS, dba CHOCOHOLICS DIVINE, TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration in the case of Kristin Pyle (deceased) v. Schenone Specialty Foods and Truck Insurance Exchange. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) in their decision. The order denying reconsideration was filed on September 28, 2009.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedAdministrative Law JudgeSCHENONE SPECIALTY FOODSCHOCAHOLICS DIVINETRUCK INSURANCE EXCHANGEDeceased ApplicantKristine PyleCase Number ADJ1169225
References
Case No. ADJ4440730 (SFO 0491327) ADJ3960828 (SFO 0491326) ADJ1986626 (SFO 0494011)
Regular
Apr 26, 2009

MICHAEL EMBLEY vs. CITY OF SAUSALITO; LEGALLY UNINSURED

This Workers' Compensation Appeals Board (WCAB) order denies reconsideration of a previous decision concerning Michael Embley versus the City of Sausalito. The WCAB adopted the findings and reasoning of the workers' compensation administrative law judge in their entirety. Therefore, the petitions for reconsideration filed by the parties are formally denied. The order was dated and filed on April 26, 2009.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONCITY OF SAUSALITOLEGALLY UNINSUREDADMINISTRATIVE LAW JUDGEPETITIONS FOR RECONSIDERATIONADOPT AND INCORPORATEDENIEDALFONSO J. MORESISERVICE MADE BY MAIL
References
Case No. ADJ10138647
Regular

CSMERALDA SOLIS vs. CALIFORNIA DEPARTMENT OF GENERAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration in the case of Esmeralda Solis. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Although the defendant requested trial transcripts, they did not allege any inaccuracies in the WCJ's prepared Minutes of Hearing and Summary of Evidence. Therefore, the petition for reconsideration was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJOpinion on DecisionMinutes of HearingSummary of EvidenceDENIEDSTATE COMPENSATION INSURANCE FUNDESMERALDA SOLIS
References
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