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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. ADJ7445855
Regular
Nov 25, 2019

SANTIAGO URENA vs. APPLIED COMPANIES, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration as untimely, as it was filed 10 days after the deadline. The petition was also dismissed for failing to meet the statutory verification requirement and the claimant did not cure this defect within a reasonable time. The Board noted that even if timely and verified, the petition would have been denied on the merits.

Lien claimantPetition for ReconsiderationUntimelyUnverifiedJurisdictionalWCJ's Order of Lien DismissalLabor Code Section 5902Verification defectNotice of defectReasonable time
References
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
References
Case No. ADJ14015513
Regular
Feb 15, 2023

BRADEN NANEZ vs. 3 STONEDEGGS, INC., TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Appeals Board rescinded the initial Findings and Order, finding the applicant's petition for reconsideration was timely due to defective service. The Board applied the commercial traveler rule, determining the applicant's injury arose out of and in the course of employment. The claim is not barred by the going and coming rule or intoxication, and the applicant sustained a fractured right femur. Issues of traumatic brain injury and bruised lung are deferred for further proceedings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and OrderApplicantEmployerAdjustedAdjudication NumberRedding District OfficeInjury Arising Out of and In the Course of Employment (AOE/COE)
References
Case No. ADJ8752928
Regular
Feb 23, 2016

BRAD MITCHELL vs. MARILYN GREENBERG LOAN ACCOUNTS, AAA NORTHERN CALIFORNIA INSURANCE EXCHANGE, administered by TRISTAR RISK MANAGEMENT

This case is dismissed because the Applicant's Petition for Reconsideration was unverified, violating Labor Code section 5902 and related regulations. The Applicant was given notice of this defect and a reasonable time to cure it, but failed to do so. Additionally, the petition lacked the required proof of service. If not for the procedural defect, the petition would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionVerification RequirementLabor Code Section 5902Lucena v. Diablo Auto BodySignificant Panel DecisionWCJ ReportProof of ServiceLabor Code Section 5905Workers' Compensation Appeals Board
References
Case No. ADJ3712262 (AHM 0138707)
Regular
Jan 09, 2012

BRIAN HICKS vs. TENNESSEE TITANS, CAROLINA PANTHERS, et al.

This case involves a lien claimant, ACS Recovery Services, Inc., seeking reconsideration of a disallowance of its lien and denial of penalties. The Workers' Compensation Appeals Board dismissed ACS's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCJ's report highlighted this defect, and ACS failed to cure it or provide a compelling explanation within a reasonable time. Consequently, the Board dismissed the petition, noting it would have been denied on the merits otherwise.

ACS Recovery ServicesLien claimantPetition for reconsiderationVerified petitionLabor Code section 5902Lucena v. Diablo Auto BodyDisallowancePenaltiesInterestWCJ
References
Case No. ADJ2852962 (SFO 0492897)
Regular
Jul 07, 2011

Francisco Torres vs. Foundation & Earth Retaining Systems, California Insurance Company

The Court of Appeal denied the defendant's petition for writ of review and found no reasonable basis for it. Consequently, the case was remanded for the Workers' Compensation Appeals Board (WCAB) to award supplemental attorney's fees under Labor Code § 5801. The WCAB awarded $7,500 in attorney's fees, finding the requested amount excessive and the submitted time records insufficiently detailed despite the penal nature of the statute. The WCAB also awarded $229.96 in appellate costs.

Supplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewReasonable Attorney's FeeAppellate CostsLabor Code § 5811No Reasonable BasisPenal AspectUnverified Time RecordsExcessive Fees
References
Case No. ADJ9000676
Regular
Dec 09, 2016

MIGUEL VILLEGAS vs. ALL STAR SECURITY, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involved a Petition for Reconsideration by All Star Security and its insurer, challenging a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, adopting the administrative law judge's reasoning that the lien claimant failed to file within the amended 18-month statute of limitations under Labor Code section 4903.5(a). The Board found that applying this shortened period was proper as the claimant had a reasonable time to file after the amendment's effective date. This decision aligns with prior WCAB panel decisions regarding the retroactive application of shortened limitations periods in workers' compensation cases.

Petition for ReconsiderationWorkers' Compensation Appeals BoardMiguel VillegasAll Star SecurityEverest National Insurance CompanyGallagher Bassett ServicesInc.WCJ reportKindelberger v. City of Los AngelesGuerrero v. Easy Staffing
References
Case No. ADJ10418270
Regular
Sep 09, 2025

Mahalia Wilson vs. Advanced Medical Personnel, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration to examine the legal and factual issues surrounding a lien claim for attorney's fees. The initial WCJ decision had deemed the lien claim time-barred, citing the claimant's failure to object to a Compromise & Release (C&R) or timely seek reconsideration of the Order Approving Compromise and Release (OACR). However, the Appeals Board rescinded these findings, affirming that the lien claimant's previous actions, including filing the application for adjudication and the lien, provided sufficient notice. The Board also emphasized the WCJ's responsibility to identify and address all lien claims and clarified that a C&R agreement does not bind non-parties. The case is now remanded for further proceedings to determine a reasonable attorney's fee and identify the responsible paying parties.

Lien claimantAttorney's feesCompromise and ReleaseOrder Approving Compromise and ReleaseTime-barredReconsiderationNoticeWaiverContract lawDue process
References
Case No. ADJ4423743 (MON 0282969)
Regular
Feb 29, 2012

VISITACION PABELLANO vs. PACIFIC CARE OF CALIFORNIA, TRAVELERS INSURANCE Adjusted By BROADSPIRE

This case involves lien claimant Dr. Charles Schwarz's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, adopting the workers' compensation judge's report. The court found that Dr. Schwarz failed to meet his burden of proof, as his billings exceeded the reasonable amount determined by the defendant's bill reviewer. Furthermore, Dr. Schwarz treated injuries and body parts that were previously dismissed by the applicant, without providing clear evidence to differentiate the treatment.

Lien claimantPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportBurden of proofMedical billingAgreed medical evaluatorCumulative injurySpecific injuryDismissed claims
References
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