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The petition for reconsideration is denied for reasons stated in the WCJ's report.
The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration filed by Rafael Rodriguez (also known as Rafael Correa-Rodriguez). The dismissal was based on two procedural defects: the petition was untimely filed and improperly served. The WCAB further indicated that even if the petition had been procedurally sound, it would have been denied on the merits based on the WCJ's report. Therefore, the petition for reconsideration was dismissed.
This case involves a Petition for Removal filed by the applicant, Angelica Ruiz, against Charter Oak Unified School District and York Risk Services. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that Ruiz failed to demonstrate substantial prejudice or irreparable harm would result from denial. The WCAB also determined that reconsideration would be an adequate remedy should an adverse decision issue later. Furthermore, the Board noted that sufficient time had passed for either party to place the matter back on the calendar.
This case involves an order from the Workers' Compensation Appeals Board dismissing Rafael Baca's Petition for Reconsideration. The Board adopted the administrative law judge's report and recommendation, finding the petition was untimely filed. Therefore, the Board dismissed the petition.
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a clerical error in the date of injury for case ADJ1258059. The WCAB affirmed the workers' compensation judge's (WCJ) prior findings, specifically regarding the employer's (City of San Rafael) liability for multiple stipulated injuries to the applicant (Monte Payne), including neck, shoulder, extremity, back, and psyche injuries. The WCAB upheld the WCJ's determination that payments of Labor Code section 4850 benefits do not preclude further temporary disability under Labor Code section 4656 and denied the defendant's request to set aside a stipulation to injury.
This Workers' Compensation Appeals Board case, involving Luis Rafael Cherro and Tropitone Furniture Company, has been dismissed. The dismissal is due to the petitioner's withdrawal of their Petition for Reconsideration, which had challenged a March 27, 2012 decision. The Board issued an order to this effect on June 13, 2012.
The defendant City of San Rafael petitioned for the removal of the Workers' Compensation Administrative Law Judge (WCJ), alleging bias and a predetermined opinion. The Workers' Compensation Appeals Board (WCAB) denied this petition. The WCAB found the petition procedurally deficient as it failed to specify grounds for disqualification or provide supporting facts under penalty of perjury. Consequently, the case is returned to the trial level for the WCJ to issue a decision.
The Workers' Compensation Appeals Board denied Miguel Ruiz's petition for reconsideration. The Board adopted the administrative law judge's report, which found Ruiz's testimony not credible. The judge based this finding on conflicting evidence regarding the water truck/trailer involved in the alleged injury and other inconsistencies in Ruiz's statements. The denial upholds the original order that Ruiz take nothing from his claim.
The Workers' Compensation Appeals Board denied reconsideration of a decision that found Alexis Ruiz was the initial aggressor in an incident leading to his injury. The Board adopted the administrative law judge's (WCJ) report, which found Ruiz's account less credible than the defense's. Key factors included Ruiz's failure to report the alleged assault immediately to his employer, inconsistencies in his testimony, and his cousin's absence as a witness. The WCJ's credibility determination, based on a review of the entire record, was given great weight.
This case concerns Lizabeth Ruiz's petition for reconsideration of the denial of Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. Ruiz argued she had a pre-existing "labor disabling" psychiatric condition prior to her subsequent industrial injury. The Board affirmed its prior decision, holding that Ruiz failed to meet her burden of proof to establish that her pre-existing condition was labor-disabling and compensable at the time of the subsequent injury. The Board reiterated that retroactive medical evaluations are insufficient without contemporaneous evidence of such disability, and denied the petition to reopen the record.
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