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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. ADJ2038785 (VNO 0426080), ADJ900602 (VNO 0426045), ADJ2562931 (VNO 0494371), ADJ7032939, ADJ7045667
Regular
Aug 01, 2019

JOSEPH PROTHRO vs. STATE COMPENSATION INSURANCE FUND as administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case, involving multiple claim numbers for Joseph Prothro against State Compensation Insurance Fund, has been granted reconsideration. The Board rescinded the prior WCJ's decision because a settlement has been proposed. The case is now returned to the WCJ to evaluate the settlement, with the option to reinstate the original decision if the settlement is not approved. This decision is not a final determination on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeProposed SettlementApproval of SettlementReinstating Original DecisionFinal Decision
References
Case No. ADJ11154163
Regular
Jan 09, 2019

FAUSTO DIAZ vs. C OVERAA & COMPANY, ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision and returned the case to the trial level. This action allows the workers' compensation administrative law judge to review a proposed settlement reached between the applicant and defendant. If the settlement is not approved, the original decision can be reinstated, and either party may seek reconsideration. This is not a final ruling on the merits of the case.

ReconsiderationWithdrawal without prejudicePetition for ReconsiderationProposed settlementRescinded decisionReturned to trial levelWCJ approvalReinstating original decisionFinal decision on meritsFindings of Fact
References
Case No. ADJ16524334
Regular
Apr 10, 2023

TIMOTEO SORIANO vs. MAYROCK INCORPORATED, FALLS LAKE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration in *Soriano v. Mayrock Incorporated* to address a newly reached settlement. The Board rescinded the prior trial level decision and remanded the case for the administrative law judge to consider the settlement. If the settlement is not approved, the original decision may be reinstated, allowing for further reconsideration. This order is not a final determination on the merits of the case.

Petition for ReconsiderationGranting ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Administrative Law JudgeWCJDecision After ReconsiderationFurther ProceedingsOriginal Decision
References
Case No. ADJ12601654; ADJ12598756
Regular
Jun 17, 2025

MARCY RODRIGUEZ vs. VICTOR VALLEY MEMORIAL PARKS, SUNSET HILLS, ICW GROUP

While this matter was pending on reconsideration, the parties reached a proposed settlement. Due to this, the Appeals Board will rescind the decision from which reconsideration was sought and return the matter to the trial level. This allows the workers' compensation administrative law judge (WCJ) to consider the proposed settlement. If the WCJ does not approve the settlement, the WCJ may issue an order reinstating the original decision. This is not a final decision on the merits of any pending issues.

Workers' Compensation Appeals BoardReconsiderationProposed SettlementRescinded DecisionTrial LevelWCJReinstating DecisionFinal DecisionCommissionersDeputy Commissioner
References
Case No. ADJ11414789
Regular
Oct 02, 2020

MARK FREITAS vs. MC CAFFREY CONSTRUCTION &FRAMING INC., REDWOOD FIRE AND CASUALTY INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision in *Freitas v. McCaffrey Construction* due to a proposed settlement reached by the parties while the case was pending reconsideration. The matter has been returned to the trial level for the Workers' Compensation Judge (WCJ) to review the settlement. If the WCJ approves the settlement, the case will proceed accordingly; otherwise, the original decision may be reinstated. This order does not constitute a final decision on the merits of the issues originally under reconsideration.

Workers' Compensation Appeals BoardMark FreitasMcCaffrey Construction & Framing Inc.Redwood Fire and Casualty Insurance Co.Berkshire Hathaway Homestate CompaniesADJ11414789Sacramento District OfficeOpinion and Decision After ReconsiderationProposed SettlementRescinded Decision
References
Case No. ADJ10894396, ADJ10894410
Regular
Apr 06, 2023

JOSHUA KIBLINGER vs. TIM LAWLOR CONSTRUCTION, WESCO INSURANCE COMPANY, AMTRUST

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision and returned the case to the trial level. This action was taken because the parties have reached a proposed settlement while the matter was pending reconsideration. The trial judge will now review the settlement; if not approved, the prior decision can be reinstated. This is not a final decision on the merits.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWorkers' Compensation JudgeProposed SettlementFurther ProceedingsDecision After ReconsiderationAggrieved Person
References
Case No. ADJ10465483, ADJ11047502
Regular
Oct 01, 2019

SONIA IBANEZ JIMENEZ (Deceased) vs. DAVITA DIALYSIS, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) has rescinded its previous decision in this matter. This action was taken because a settlement has been reached while the case was pending reconsideration. The case is now returned to the trial level for the Workers' Compensation Judge (WCJ) to review and potentially approve the settlement. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardSonia Ibanez JimenezDavita DialysisNew Hampshire Insurance CompanySedgwick Claims Management ServicesADJ10465483ADJ11047502Opinion and Decision After Reconsiderationsettlementrescind
References
Case No. ADJ11328427, ADJ11328686
Regular
Dec 04, 2019

MARK DEPETERS vs. FRITO LAY, ACE AMERICAN INSURANCE COMPANY

Applicant Mark Depeters has reached a proposed settlement while his Petition for Reconsideration was pending before the Appeals Board. To allow the Workers' Compensation Judge (WCJ) to review this settlement, the Board has granted the reconsideration petition. The WCJ's prior decision is rescinded and the case is returned to the trial level for further proceedings on the proposed settlement. If the settlement is not approved, the original decision may be reinstated.

WCABFrito LayAce American Insurance CompanySedgwick ClaimsPetition for ReconsiderationWithdrawalProposed SettlementRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law Judge
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
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