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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. OAK 0291213
Regular
Oct 03, 2007

Deborah Thompson vs. EAST BAY MUNICIPAL UTILITY DISTRICT, OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board dismissed a lien claimant's petition as unverified, but granted reconsideration for another lien claimant, Webster Surgery Center. Consequently, Webster's lien claim will be deferred for further proceedings at the trial level, while the original order regarding Bay Surgery Center was effectively upheld by dismissal.

Workers' Compensation Appeals BoardReconsideration DeniedReconsideration DismissedReconsideration GrantedLien ClaimUnverified PetitionLabor Code Section 5902Deferred LienFindings of FactDecision After Reconsideration
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. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ4213538 (SAC 292021)
Regular
Jun 19, 2009

MARGARET PERRIGO vs. NORTHERN CALIFORNIA ANGLER PUBLICATION, ARGONAUT INSURANCE COMPANY

This case concerns a dispute over the attorney's fee awarded to applicant's counsel. The initial award granted 15% of temporary disability indemnity and 12% of permanent disability indemnity. The lien claimant sought reconsideration, arguing for 15% of permanent disability indemnity. Following further reflection, the trial judge recommended granting reconsideration and remanding the attorney's fee issue for further proceedings. The Appeals Board granted reconsideration, affirmed the award regarding temporary disability, but deferred the issue of attorney's fees on permanent disability, reserving jurisdiction. Defendants are ordered to withhold 15% of permanent disability indemnity payments until the fee issue is resolved.

PerrigoNorthern California Angler PublicationArgonaut Insurance CompanyADJ4213538SAC 292021Opinion and Order Granting ReconsiderationDecision After ReconsiderationFarrell Fraulob and BrownWCJFindings and Award
References
Case No. ADJ769213 (FRE0198930)
Regular
Apr 10, 2023

MARLA CROSS vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF REHABILITATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order. The WCAB treated the petition as one seeking reconsideration because the applicant's election to proceed against CalTrans was deemed a threshold issue. However, the WCAB found no evidentiary record upon which to determine liability for benefits. Therefore, the WCAB preserved the applicant's election against CalTrans, deferred all other issues, and remanded the matter for further proceedings.

Petition for ReconsiderationGranting ReconsiderationRescind Minute OrderSubstitute OrderPreserve ElectionCalTransDefer IssuesThreshold IssueSubstantial EvidenceEvidentiary Record
References
Case No. ADJ8071249
Regular
Apr 30, 2013

Edward Camacho vs. CHEF'S FANCY, SENTINEL INSURANCE COMPANY

This case concerns Edward Camacho's workers' compensation claim against Chef's Fancy and Sentinel Insurance. The Appeals Board granted reconsideration of the original decision. The Board affirmed the prior decision, except it amended the finding of fact to specify injury AOE/COE to the right knee and right shoulder. The issue of injury AOE/COE to the left knee and left shoulder was deferred and ordered off calendar.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationGranting ReconsiderationDecision After ReconsiderationAOE/COEInjury arising out of and in the course of employmentDishwasherRight knee injuryRight shoulder injuryDeferred issue
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. ADJ7433112
Regular
Mar 09, 2016

BYRON IRVING vs. JP MORGAN CHASE, administered by LIBERTY MUTUAL INSURANCE

This case involves a petition for reconsideration filed by the defendant, JP Morgan Chase, against a Workers' Compensation Appeals Board decision. The Board has granted reconsideration based on an initial review, deeming it necessary for a thorough understanding of the factual and legal issues. Further proceedings are anticipated to facilitate a just decision. All future correspondence regarding the petition must be filed directly with the Appeals Board, not district offices or e-filed, until a decision after reconsideration is issued.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationOrder Granting ReconsiderationBYRON IRVINGJP MORGAN CHASELIBERTY MUTUAL INSURANCEADJ7433112Los Angeles District OfficeOpinion and Order
References
Case No. SAC 342547
Regular
Jun 06, 2008

CLIFFORD J. FARIA vs. BEST BUY COMPANY, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. This decision addresses disputes regarding the applicant's right to change treating physicians, the defendant's Medical Provider Network (MPN) obligations, and the calculation of the applicant's average weekly earnings. The Board requires further development of the record on these key issues.

Workers' Compensation Appeals BoardBest Buy CompanyAce American Insurance CompanyClifford FariaOpinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge (WCJ)Treating PhysicianMedical Provider Network (MPN)Temporary Disability Indemnity
References
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