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

Case No. ADJ6542364
Regular
Sep 21, 2009

Denise Patterson Crumrine vs. SISKIYOU HOSPITAL INC., BERSHIRE HATHAWAY PASADENA, State Compensation Insurance Fund, Redwood Fire and Casualty Insurance Company

The Workers' Compensation Appeals Board granted reconsideration to State Fund. While affirming the joinder of State Fund as a party defendant, the Board rescinded the prior order requiring State Fund to reimburse Redwood Fire and Casualty Insurance Company for 25.48% of applicant benefits. This rescission was based on State Fund's due process rights, which were violated by the lack of opportunity for discovery and defense. The case is returned to the trial level for further proceedings consistent with due process and relevant Labor Code sections.

State FundRedwood Fire and CasualtyPetition for ReconsiderationOrder Joining Party DefendantDue ProcessDiscoveryContributionReimbursementJoinderWCJ
References
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
Case No. ADJ7875905
Regular
Sep 27, 2019

LARONDA DAVISON vs. CHARLES DREW UNIVERSITY, REDWOOD FIRE & CASUALTY

The Workers' Compensation Appeals Board denied LaRonda Davison's Petition for Reconsideration. This denial was based on the WCJ's report, which addressed the allegations in the petition. The board specifically noted that a lien claimant's failure to appear at a lien conference can result in dismissal of the lien claim. The decision upholds the WCJ's original ruling.

WCABPetition for Reconsiderationlien claimantlien conferencedismiss the lien claimten (10) day notice of intentionprejudiceWCJ reportadministrative law judgeWorkers' Compensation Appeals Board
References
Case No. SFO 495568
Regular
Nov 26, 2007

State OF PAUL MARINO vs. ROSSI COMMERCIAL CONSTRUCTION, REDWOOD FIRE AND CASUALTY

The Workers' Compensation Appeals Board denied the estate's petition to receive a death benefit, adhering to precedent that Labor Code section 4702(a)(6)(B) is unconstitutional. However, the Board granted the employer's petition to amend the award to reflect the requirement of commuting and adjusting the $125,000.00 payment to the Department of Industrial Relations, Death Without Dependents Unit, at a 3% annual interest rate as mandated by Labor Code section 5101. The employer is thus required to pay this adjusted sum to the Department as the deceased had no dependents.

Workers' Compensation Appeals BoardEstate of Paul MarinoRossi Commercial ConstructionRedwood Fire and Casualtydeath benefitLabor Code section 4702Labor Code section 5101Six Flags v. Workers' Comp. Appeals Bd. (Bunyanunda)City and County of San Francisco v. Workers' Comp. Appeals Bd. (Weibe)Death Without Dependents Unit
References
Case No. ADJ933687 OXN 0145745
Regular
Jun 12, 2012

ANTHONY RODRIGUEZ vs. SESSA MANUFACTURING, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY

In this workers' compensation case, the Appeals Board granted reconsideration of a prior award to lien claimant Dr. Gross for medical services. The Board found that the initial decision incorrectly placed the burden of proof on the defendant regarding the reasonableness of the charges. Dr. Gross must now prove their charges are reasonable according to the Official Medical Fee Schedule. The Board also deferred the issue of penalties pending further proceedings.

Workers' Compensation Appeals BoardSessa ManufacturingRedwood Fire and CasualtyBerkshire HathawayDr. GrossreimbursementOfficial Medical Fee ScheduleOMFSbill reviewlien claimant
References
Case No. ADJ8191009, ADJ6834343, ADJ8191008
Regular
Sep 20, 2016

ARTHUR ANDERSEN vs. AL LEWIS TRUCKING, REDWOOD FIRE \& CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The defendant, Al Lewis Trucking and its insurer, filed a Petition for Reconsideration of a prior Findings and Award. However, before the Board could rule on that petition, the defendant withdrew it. Consequently, the Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition to WithdrawDismissedFindings and AwardWCJADJSanta Rosa District OfficeArthur AndersenAl Lewis Trucking
References
Case No. ADJ6614873
Regular

ALEJANDRA AGUILERA vs. LEXMAR DISTRIBUTION INC.;REDWOOD FIRE CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) denied petitions for reconsideration in the case of Aguilera v. Lexmar Distribution Inc. The WCAB adopted the workers' compensation administrative law judge's report and recommendations for denial. The Board admonished the lien claimants' representative for procedural failures and material misrepresentations, specifically regarding a hearing notice. While sanctions were not imposed this time, the WCAB warned of future imposition for similar conduct.

Petitions for ReconsiderationDenialLien ClaimantsWCAB Rules of Practice and ProcedureMisrepresentations of FactNotice of Lien TrialWCJ's Report and RecommendationSanctionsWorkers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ7022706 ADJ7014682 ADJ7014683
Regular
Jul 03, 2013

LUGARDO PUERTA vs. DIRK KISIEL CONSTRUCTION, INC., REDWOOD FIRE & CASUALTY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimant's Petition for Reconsideration in Case No. ADJ7022706 et al. The dismissal was based on the petition being untimely filed. The Findings and Order were issued on April 17, 2013, and the petition was not filed within the statutory 20-day period plus 5 days for mailing. Therefore, the Board found the petition procedurally barred.

Petition for ReconsiderationuntimelydismissalWorkers' Compensation Appeals BoardFindings and Orderlien claimantLabor Code section 5903Code of Civil Procedure section 1013administrative law judgeReport and Recommendation
References
Case No. ADJ10652805
Regular
Nov 16, 2018

JESUS ARELLANO vs. RJP FRAMING, INC.; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was taken from a non-final interlocutory order. The order at issue, which closed discovery, did not determine substantive rights, liabilities, or a threshold issue fundamental to the claim. Therefore, it was not a final order as required for reconsideration under Labor Code sections 5900(a), 5902, and 5903. The Board also found no substantial prejudice or irreparable harm if the petition were treated as a request for removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterlocutory OrderProcedural IssueEvidentiary IssueSubstantive RightLiabilityThreshold IssueRemoval
References
Case No. ADJ6800194
Regular
Jul 13, 2011

RAYMUNDO QUINTERO vs. UNION PACIFIC CONCRETE INCORPORATED, BERKSHIRE HATHAWAY HOMESTATE COMPANIES FOR REDWOOD FIRE & CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration because it was filed from a non-final interlocutory order. Such orders, concerning pre-trial matters like evidence or discovery, do not determine substantive rights. Consequently, the WCAB deemed the petition improper as it did not pertain to a "final" order. Furthermore, the petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm.

Petition for ReconsiderationFinal OrderInterlocutory OrdersSubstantive RightRemovalPrejudiceIrreparable HarmWCJ ReportDismissedDenied
References
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