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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. ADJ8817767
Regular
Mar 03, 2016

YOLANDA JONES vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves a petition for removal filed by the applicant, Yolanda Jones, against the Department of Motor Vehicles and State Compensation Insurance Fund. The applicant's attorney, Ratto Law Firm, subsequently withdrew the petition for removal. Consequently, the Board has issued an order dismissing the withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ8817767Department of Motor VehiclesState Compensation Insurance FundMarguerite SweeneyRatto Law Firm
References
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
Case No. ADJ460672 (SFO 0499592) ADJ1224818 (SFO 0499593)
Regular
Jul 07, 2010

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case concerns applicant Hamid Khazaeli's repeated, unsuccessful attempts to challenge an administrative order allowing defendant Sysmaster Corp.'s law firm to withdraw. The Appeals Board dismissed Khazaeli's petitions for reconsideration and removal, finding the order was procedural and did not affect his substantive rights or cause irreparable harm. The Board noted Khazaeli's history of filing frivolous petitions that delay proceedings and warned of sanctions and a potential vexatious litigant declaration if such behavior continues.

WCABPetition for ReconsiderationPetition for RemovalLaw Firm DismissalAttorney of RecordIndustrial InjurySales RepresentativeCumulative TraumaAdministrative Law JudgeEAMS
References
Case No. ADJ25889773 (SRO 0125150) ADJ2310836 (SRO 0125151) ADJ 4628741 (SRO 0127006)
Regular
Nov 24, 2008

JOSE SANCHEZ vs. AMY'S KITCHEN, ZURICH NORTH AMERICA, SECURITY INSURANCE, COMPANY OF HARTFORD SUCCESSOR TO CONNECTICUT INDEMNITY, Adjusted by CAMBRIDGE AND MAJESTIC INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a dispute over the distribution of $75,000 in attorney's fees awarded in a compromise and release agreement. The applicant's former counsel, Kneisler Law Firm, filed a lien for fees, but the original approval order did not specify how these fees would be divided with the applicant's current counsel. The Board granted reconsideration to amend the order, clarifying that the prior attorney's lien shall be paid out of the $75,000 award, with the exact amount to be adjusted by the parties. Jurisdiction is reserved for further proceedings if the parties cannot agree on the division.

Workers' Compensation Appeals BoardAmy's KitchenZurich North AmericaSecurity Insurance Company of HartfordConnecticut IndemnityCambridge Insurance CompanyMajestic Insurance CompanyPetition for ReconsiderationCompromise and ReleaseAttorneys' Fees
References
Case No. ADJ6507062
Regular
Dec 01, 2014

MARTHA CRUZ vs. J & M SALES

The Workers' Compensation Appeals Board granted reconsideration of an order assessing costs against lien claimant Dr. John Terrence and his attorney, the Gonzalez Law Firm. The Board found that proper notice of the lien conference was given, refuting their claim of non-receipt. Due to Dr. Terrence and the Gonzalez Law Firm repeatedly pursuing settled issues and failing to appear at multiple conferences, the Board issued a Notice of Intention to Impose Sanctions up to $2,500 each for bad-faith actions.

WCABPetition for ReconsiderationOrder for CostsLien ClaimantDr. John TerrenceGonzalez Law FirmSanctionsNotice of Intention to Impose SanctionsDeclaration of Readiness to ProceedStipulation and Order
References
Case No. ADJ2140586
Regular
Sep 01, 2009

ARMANDO AVILA-GONZALEZ vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board reversed a WCJ's decision to reopen a case, finding no "good cause" based on a purported change in law. The WCJ had relied on the *Vera* case to apply an older disability rating schedule, but subsequent appellate decisions created a conflict, not a definitive change, in the law. The Board determined *Vera* remained citable and that the evidence did not support reopening or a finding of permanent disability. Therefore, the applicant's petition to reopen was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenGood CauseChange in LawVera v. WCABPermanent Disability Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusMedical Reports
References
Case No. ADJ6690678
Regular
May 24, 2012

PEDRO RAMIREZ vs. PCL CONSTRUCTION, RISK ENTERPRISE MANAGEMENT

In **Ramirez v. PCL Construction**, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge, finding no basis to grant the removal. Notably, the WCAB clarified that the California Insurance Guarantee Association (CIGA) is not involved, and therefore, a reference to "other insurance" in the judge's report was disregarded. The decision effectively upholds the status quo of the case as determined by the administrative law judge.

Workers' Compensation Appeals BoardPetition for RemovalWCJ ReportDenying RemovalCalifornia Insurance Guarantee AssociationCIGAOther InsuranceAdministrative Law JudgeLabor LawIndustrial Accident
References
Case No. ADJ7957617
Regular
Apr 18, 2017

JUANA CERNA vs. DELAWARE NORTH COMPANIES dba LOS ANGELES INTERNATIONAL AIRPORT, INC., NATIONAL UNION FIRE INSURANCE COMPANY/AIG administered by GALLAGHER BASSETT SERVICES

The applicant sought reconsideration of an order dismissing her case. The dismissal stemmed from an issue where her attorney's information was not correctly reflected in the EAMS system, listing him as a lien claimant instead of her attorney of record. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration, rescinded the dismissal order, and returned the case to the administrative law judge for further proceedings. This decision aligns with the judge's own recommendation, acknowledging the procedural error.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Dismissing CaseSubstitution of AttorneyEAMS address recordattorney of recordReport and RecommendationPetition be grantedOrder be rescindedDecision After Reconsideration
References
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