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

Case No. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
Case No. ADJ4716833 (VNO 0556240)
Regular
Oct 20, 2011

JASON DRION vs. T & G ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jason Drion's petition for reconsideration. The dismissal was primarily based on the petition being untimely. Even if considered on its merits, the WCAB would have denied reconsideration according to the administrative law judge's report. Therefore, the petition was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportDismissedUntimelyMeritsAdministrative Law JudgeJason DrionT&G RoofingState Compensation Insurance Fund
References
Case No. ADJ2110232 (LBO 0329857) ADJ1970762 (LBO 0335112)
Regular
Jul 06, 2009

CATHY DURBIN (CATHY AHMATOVIC) vs. LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the Administrative Law Judge's (WCJ) prior decision. The Board rescinded the WCJ's decision and returned the case for further proceedings and a new decision. This order does not constitute a final determination on the merits of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGrant ReconsiderationRescind DecisionFurther ProceedingsTrial LevelCathy DurbinLiberty Mutual Insurance CompanyADJ2110232
References
Case No. ADJ8237611, ADJ8237609
Regular
Jan 10, 2014

CLORIA ZACARIAS vs. TRUE LEAF FARMS, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves an applicant, Gloria Zacarias, seeking workers' compensation. The defendants are True Leaf Farms and its insurer. The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Removal. The WCAB found that the petition did not demonstrate irreparable harm as required by WCAB Rule 10843.

Petition for RemovalIrreparable HarmWCAB Rule 10843Administrative Law Judge ReportWorkers' Compensation Appeals BoardTrue Leaf FarmsNational Union Fire Insurance CompanyAthens AdministratorsADJ8237611ADJ8237609
References
Case No. ADJ1738288 (STK 0190763) ADJ2794711 (STK 0190762) ADJ1287276 (STK 0190764) ADJ1593256 (STK 0190765) ADJ2352943 (STK 0190766)
Regular
Feb 04, 2010

GLORIA VANOVER-LOPEZ vs. WESTLAND TECHNOLOGY and CIGA and ITS SERVICING FACILITY, INTERCARE INSURANCE SERVICES, for PNIC IN LIQUIDATION

This case involves a petition for reconsideration filed by the defendant, Westland Technology and its insurers, regarding a previous decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB determined that reconsideration is necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future communications should be directed to the Office of the Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGLORIA VANOVER-LOPEZWESTLAND TECHNOLOGYCIGAPNIC IN LIQUIDATIONINTERCARE INSURANCE SERVICESSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ7947584
Regular
May 09, 2014

JEFF CLARK vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The applicant, Jeff Clark, filed a workers' compensation claim against the Los Angeles County Office of Education. The defendant sought removal, arguing the Workers' Compensation Judge (WCJ) erred in setting a trial date for the issue of injury. However, electronic records showed that a trial with testimony was completed on the disputed date of April 1, 2014. Consequently, the Petition for Removal was deemed moot and dismissed by the Workers' Compensation Appeals Board.

Petition for RemovalEAMStrial with testimonyhearing completedmootdismissedWorkers' Compensation Appeals BoardWCJapplicantdefendant
References
Case No. ADJ7915283
Regular
Nov 01, 2013

GUILLERMO LEMUS vs. G & K MANAGEMENT, INC., CHUBB INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant, Guillermo Lemus, and defendants G & K Management, Inc., and Chubb Insurance Group. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Reconsideration filed in this matter. The WCAB adopted the reasoning of the workers' compensation administrative law judge, noting the petition was skeletal and unverified. Even on the merits, the petition would have been denied based on the WCJ's report.

Petition for ReconsiderationWCABAdministrative Law JudgeLien ClaimantUnverifiedSkeletalDismissalChubb Insurance GroupGallagher Bassett ServicesG&K Management
References
Case No. ADJ8496155
Regular
May 16, 2016

EALWINDER MANN (Deceased) MOHINDER MANN (Widow) vs. DARBARA SINGH, DARBARA SINGH Dba D&G TRANSPORT

This case concerns a deceased truck driver, Balwinder Mann, whose widow, Mohinder Mann, is claiming workers' compensation benefits. The defendant, Darbara Singh, dba D&G Transport, appealed a decision finding Mann was an employee and that the statute of limitations did not bar the claim. The defendant argued Mann was an independent contractor due to an agreement and lack of control, and that the claim was time-barred. The Appeals Board denied reconsideration, affirming the WCJ's findings that Singh retained sufficient control to establish an employer-employee relationship, and that the defendant's failure to provide a claim form tolled the statute of limitations.

AOE/COEIndependent Contractor AgreementEmployee statusStatute of limitationsRight to controlLabor Code Section 3351Labor Code Section 3357Labor Code Section 3353Borello factorsTruck driver
References
Case No. ADJ3024498
Regular
Jul 02, 2015

GERMAN ACOSTA vs. AIMEE ANAYA, ALLSTATE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration in the case of *Acosta v. Anaya*. This decision was made after an initial review of the record indicated a need for further study of the factual and legal issues. The WCAB granted reconsideration to ensure a complete understanding and to issue a just decision, ordering all related communications to be filed directly with the Commissioners. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the WCAB.

GERMAN ACOSTAAIMEE ANAYAALLSTATE INSURANCE COMPANYSPECIALTY RISK SERVICESADJ3024498VNO 0558053PETITION FOR RECONSIDERATIONOPINION AND ORDERWORKERS' COMPENSATION APPEALS BOARDDEIDRA E. LOWE
References
Case No. ADJ7756309
Regular
Jan 09, 2012

Miguel Robles vs. Evolution Fresh, Inc., Amtrust North America

In **Robles v. Evolution Fresh, Inc.**, the applicant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration. This action was taken to allow further study of the factual and legal issues presented in the case. The Board aims to issue a just and reasoned decision after thorough review and potential further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Decisionstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneDejdra E. Lowe
References
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