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

Case No. ADJ9778406, ADJ10475065, ADJ9778411
Regular
Mar 15, 2018

ROSENDO VALENCIA vs. SKANSKA RADOS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a petition for removal filed by the applicant, Rosendo Valencia, against defendants Skanska Rados and Liberty Mutual Insurance Company. The Workers' Compensation Appeals Board (WCAB) denied the petition because removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The WCAB found that the applicant failed to demonstrate such harm, and that reconsideration would be an adequate remedy if an adverse decision is later issued. The applicant can raise these issues with the trial judge.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalDENIEDsubstantial prejudiceirreparable harmreconsiderationadequate remedyWCJSKANSKA RADOSLIBERTY MUTUAL INSURANCE COMPANY
References
2
Case No. 2021-01898 / 2021-01899 (Index No. 605229/20)
Regular Panel Decision
Aug 02, 2023

Valencia v. Glinski

Teofilo Valencia and Andres Alvarracin appealed an order and judgment from the Supreme Court, Suffolk County, which granted summary judgment to defendants Sean Glinski and Teresa Cheng. The plaintiffs were allegedly injured when scaffolding collapsed during renovation work at the defendants' single-family home. They sued under Labor Law §§ 200, 240, and 241, and common-law negligence. The Supreme Court found the defendants were entitled to the homeowner's exemption under Labor Law §§ 240 and 241, as they did not direct or control the work and the home was not used exclusively for commercial purposes. The Appellate Division, Second Department, affirmed the summary judgment, agreeing that the homeowner's exemption applied and that the defendants did not supervise or control the work for the other claims. The appeals from the order and part of the judgment concerning another plaintiff were dismissed.

Personal InjuryLabor LawHomeowner's ExemptionSummary JudgmentAppellate ReviewScaffolding CollapseRenovation WorkWorkplace SafetyNegligenceNew York Appellate Division
References
25
Case No. ADJ10205547, ADJ10205545, ADJ10205546
Regular
Jul 16, 2019

ROSENDO HERNANDEZ vs. CALIFORNIA HIGHWAY PATROL, STATE OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) amended its prior decision regarding applicant Rosendo Hernandez's injuries. While affirming findings of work-related low back and right knee injuries with corresponding permanent disability ratings, the WCAB reversed the finding of unreasonable delay in paying permanent disability advances. The Board clarified that the defendant had a colorable argument for not providing advances due to the applicant's continued full salary employment, thus no penalty was warranted for this delay. The decision also corrected clerical errors and confirmed the applicant's attorney fee.

Workers' Compensation Appeals BoardCalifornia Highway PatrolPermanent Disability AdvancesLabor Code section 4650Agreed Medical EvaluatorAlmaraz-Guzman analysisAMA GuidesUnreasonable Delay5814 penaltyFindings Award and Order
References
4
Case No. ADJ8095685
Regular
Nov 24, 2014

CARLOS ORTIZ VALENCIA vs. BECKSTOFFER VINEYARDS, OAK RIVER INSURANCE COMPANY

This case concerns a Petition for Reconsideration filed by Applicant Carlos Ortiz Valencia. The Workers' Compensation Appeals Board has dismissed the petition as untimely. The Stipulations with Award were issued on April 21, 2014. Applicant failed to file the petition within the statutory 25-day deadline, considering both the 20-day period from Labor Code section 5903 and an additional 5 days for mailing. Therefore, the petition was dismissed based on its untimeliness.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyStipulations with AwardLabor Code Section 5903Code of Civil Procedure Section 1013DismissedAdministrative Law JudgeBerkshire Hathaway Homestate CompaniesBeckstoffer Vineyards
References
0
Case No. ADJ1539589 (STK 0127013) ADJ3114209 (STK 0127015)
Regular
Feb 05, 2013

JOSE LUIS VALENCIA vs. CAGWIN & DORWARD, ULICO CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's approval of a $125,000 compromise and release for applicant Jose Luis Valencia's industrial injuries. Applicant alleged inadequate settlement and disputed the denial of future medical treatment. The WCAB, adopting the judge's reasoning, affirmed the original order approving the compromise and release. Applicant's further communications were directed to be filed with the WCAB Commissioners, not local offices or e-filed.

Workers' Compensation Appeals BoardCompromise and ReleaseIndustrial InjuryLow Back InjuryRib InjuryLaborerLump Sum SettlementMedical Treatment CoverageInadequate SettlementPetition for Reconsideration
References
0
Case No. ADJ11073230
Regular
Mar 24, 2025

EMILIO VALENCIA vs. BLUEWATER ENVIRONMENTAL SERVICES, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board considered a Petition for Reconsideration filed by Bluewater Environmental Services and Zurich American Insurance Company, challenging a December 13, 2024, Findings of Fact and Award. The WCA had found applicant Emilio Valencia sustained an industrial lumbar spine injury resulting in permanent total disability. Defendants argued the WCA should have adopted their vocational expert's findings and lacked authority to develop the record further. The Board granted the petition for reconsideration, deferring a final decision pending further review of the merits and the complete record, affirming the WCA's authority to develop the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardPermanent Total DisabilityVocational ExpertAlternative Dispute ResolutionQualified Medical EvaluatorAsbestos Removal WorkerLumbar Spine InjuryLabor Code Section 5909
References
25
Case No. ADJ1485139
Regular
Apr 28, 2015

VIVIAN CHAMBERS, (Deceased) VALENCIA CHAMBERS vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, YORK RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Valencia Chambers' Petition for Reconsideration, upholding the prior ruling that denied her claim for back pay and a death benefit. The Board adopted the Workers' Compensation Judge's report, which detailed the applicant's repeated attempts to relitigate issues previously decided and affirmed by the Court of Appeals. The Judge recommended the applicant be declared a vexatious litigant due to her conduct wasting board resources. The Board indicated the Judge could refer the vexatious litigant recommendation to the Presiding Judge.

Workers' Compensation Appeals BoardPetition for ReconsiderationVexatious litigantStatute of LimitationsDeath benefitNew and further disabilityApplication for Adjudication of ClaimPetition for DisqualificationJudge shoppingBack pay
References
0
Case No. ADJ9041984 ADJ9040577
Regular
Dec 21, 2018

ISABEL VALENCIA vs. FIFTH AND PACIFIC COMPANIES, HARTFORD CASUALTY INSURANCE COMPANY, BROADSPIRE SERVICES, INC.

This case involves applicant Isabel Valencia's claim for psychiatric injury stemming from a previously stipulated orthopedic injury. The defendant contended the psychiatric injury was not work-related, arguing it was a consequence of the physical injury. The Appeals Board denied reconsideration, affirming that a "compensable consequence" injury, like a psychiatric condition resulting from an industrial orthopedic injury, is industrially related. The Board also found it appropriate to further develop the record regarding applicant's disability, as the current psychiatric condition prevents accurate assessment.

WORKERS' COMPENSATION APPEALS BOARDFIFTH AND PACIFIC COMPANIESHARTFORD CASUALTY INSURANCE COMPANYBROADSPIRE SERVICESINC.ADJ9041984ADJ9040577Findings Award and Orderstipulationpsychiatric injury
References
1
Case No. ADJ7753735
Regular
Oct 23, 2015

JOSE VALENCIA vs. AL'S GARDEN ART, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, ARGONAUT INSURANCE COMPANY, US RISK MANAGEMENT CLAIMS-XL INSURANCE

This case involves Cypress Insurance Company's (BHHC) petition for contribution against Argonaut Insurance Company regarding applicant Jose Valencia's cumulative injury claim. The arbitrator initially denied BHHC's petition, finding insufficient evidence of cumulative injury AOE/COE. BHHC sought reconsideration, arguing issues regarding Argonaut's defense and the sufficiency of medical evidence. The Appeals Board granted reconsideration to amend the findings to include previously omitted BHHC exhibits, but otherwise affirmed the arbitrator's decision. The Board adopted the arbitrator's report which noted issues with the PQME reports and gaps in medical documentation, ultimately upholding the denial of contribution.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for ContributionCumulative InjuryAOE/COELabor Code 3208.1Labor Code 5500.5Labor Code 5412Qualified Medical ExaminerPQME
References
0
Case No. ADJ1539589 (STK 0127013) ADJ3114209 (STK 0127015)
Regular
Apr 09, 2012

JOSE LUIS VALENCIA, (JOSE L. VALENCIA-CASTANEDA) vs. CAGWIN & DORWARD, ULICO CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration on its own motion to review an order approving a $125,000 compromise and release. The applicant sought to set aside the order, alleging the settlement was inadequate and that he felt pressured by the judge. The Board found it necessary to further study the factual and legal issues to ensure a just decision. All future filings are to be directed to the Board's main office, not a district office.

Workers' Compensation Appeals BoardReconsideration on Board MotionCompromise and ReleasePetition to ReopenInadequate SettlementAdministrative Law JudgeWCJLabor CodeFactual IssuesLegal Issues
References
0
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