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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. SDO 0336073
Regular
May 19, 2008

JACK T. GOSLIN vs. CITY OF AVALON

In *Goslin v. City of Avalon*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed March 4, 2008. The WCAB determined that reconsideration was necessary to thoroughly review the factual and legal issues and ensure a just and reasoned decision. All future filings in this matter are to be directed to the WCAB's Reconsideration Unit in San Francisco.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After Reconsiderationstatutory time constraintsfactual and legal issuesPermissibly Self-InsuredSDO 0336073Reconsideration UnitSan Francisco District Office
References
Case No. SJO 0265682
Regular
Aug 15, 2008

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted Wilbert Lee's petition for reconsideration of a prior decision. This reconsideration is necessary to allow the WCAB further time to thoroughly study the factual and legal issues presented in the case. The WCAB aims to issue a just and reasoned decision after this comprehensive review and potential further proceedings. All future communications should be directed to the WCAB's Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsDecision After ReconsiderationReconsideration Unit
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
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. SFO 0474188
Regular
Feb 19, 2008

BARBARA R. HOUSE vs. CITY AND COUNTY OF SAN FRANCISCO SHERIFF'S DEPARTMENT, Self-Insured and Adjusted by CAMBRIDGE INTERAMED SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior decision to allow further study of the factual and legal issues. The WCAB also corrected a clerical error in the WCJ's decision, substituting "Workers' Compensation Appeals Board" for "Division of Workers' Compensation" in the heading. All future communications regarding this case should be directed to the WCAB's Reconsideration Unit, not the local office.

Workers' Compensation Appeals BoardReconsideration OrderPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJudicial AuthorityOriginal JurisdictionWorkers' Compensation Administrative JudgesDecision After ReconsiderationReconsideration Unit
References
Case No. ADJ 1153404
Regular
Sep 04, 2008

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

Applicant's petition for reconsideration is dismissed as untimely. Reconsideration is granted for Dr. Tepper's petition, with his deposition fee set at $250/hour, allowing him to contest the fee afterward under Labor Code section 5307.6(c).

Workers' Compensation Appeals BoardReconsiderationDismissing ReconsiderationGranting ReconsiderationDecision After ReconsiderationPetition for ReconsiderationFindings and AwardLabor Code section 5903(b)FraudDiscovery Orders
References
Case No. ADJ6721897
Regular
May 15, 2012

ERIC BOLDEN vs. UNITED AIRLINES

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in the case of Bolden v. United Airlines. The Board rescinded the WCJ's prior decision and returned the matter for further proceedings and a new decision. This action is not a final determination of the case's merits. Both parties retain their rights regarding future appeals.

Petition for ReconsiderationWCJ's ReportGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelWorkers' Compensation Appeals BoardEric BoldenUnited Airlines
References
Case No. ADJ3605789 (GOL 0101314), ADJ2387995 (GOL 0101316), ADJ460036 (GOL 0101315)
Regular
Jul 26, 2012

JORGE VIVANCO vs. NEVERLAND VALLEY RANCH, ESTATE OF MICHAEL JACKSON, MJJ PRODUCTIONS, TRAVELERS INDEMNITY, UNITED STAFFING ASSOCIATES, AMERICAN HOME ASSURANCE COMPANY, MONARCH CONSULTING dba PES PAYROLL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the original findings regarding employment for both United Staffing Associates and Monarch Consulting. The Board found that United Staffing Associates was never the applicant's employer, rescinding findings that they were the employer on October 8, 2007, and for a cumulative trauma period. Regarding Monarch Consulting, the Board found they were not the employer on October 2, 2006, but were the general employer from March 2006 through August 30, 2007, with specific exclusions, reversing the prior ruling on the specific injury date. The case was returned for further proceedings consistent with these revised findings.

Workers Compensation Appeals BoardJorge VivancoNeverland Valley RanchEstate of Michael JacksonMJJ ProductionsTravelers IndemnityUnited Staffing AssociatesAmerican Home Assurance CompanyMonarch ConsultingPES Payroll
References
Case No. GOL 0097477 GOL 0097480 GOL 0097481
Regular
Dec 21, 2007

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

In this workers' compensation case, the defendant, Medtronic PS Medical, Inc., sought reconsideration of a prior decision. The Workers' Compensation Appeals Board has granted this petition to allow for a more thorough review of the factual and legal issues. The Board will conduct further proceedings before issuing a final decision after reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationMedtronic PS MedicalESIS Employers Self-Insurance ServiceMary PrilepineStatutory time constraintsFactual and legal issuesDecision After ReconsiderationReconsideration Unit
References
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