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Case Law Database

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

Case No. ADJ7594334
Regular
Dec 28, 2012

JOSEPHINE PARKER vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL, THE HARTFORD

In this case, the Workers' Compensation Appeals Board granted reconsideration of a previous decision. The Board rescinded the original decision and returned the matter to the trial level for further proceedings. This action was taken following the parties' filing of Stipulations with Request for Award on December 11, 2012. The decision emphasizes that if the settlement is not approved by the judge, the original decision may be reinstated.

Workers' Compensation Appeals BoardStipulations with Request for AwardReconsiderationRescinded DecisionTrial LevelAdministrative Law JudgePetition for ReconsiderationDecision After ReconsiderationFurther ProceedingsJosephine Parker
References
0
Case No. ADJ4444900 (GOL 0088920)
Regular
Dec 22, 2020

JACQUELIN NORTON vs. PRICE, POSTEL & PARMA, LLP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HIH INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board (WCAB) is returning the case of Jacquelin Norton v. Price, Postel & Parma, LLP to the trial level. This action is to allow the judge to review a proposed settlement reached by the parties. The original decision is rescinded, and if the settlement is not approved, the original decision can be reinstated. This decision is not a final determination on the merits.

ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJFindings of Fact and AwardLiquidationInsurance Guarantee AssociationCC&R 10961
References
0
Case No. ADJ6641822
Regular
Aug 30, 2018

ROBERT PELAYO vs. QUALITY CARRIER, INC., STATE COMPENSATION INSURANCE FUND CMS MONTEREY PARK

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in the case of Robert Pelayo v. Quality Carrier, Inc. Subsequently, the parties reached a settlement. The Board rescinded its original decision and returned the matter to the trial level for the Workers' Compensation Administrative Law Judge to review the settlement. If the settlement is not approved, the original decision can be reinstated.

ADJ6641822Pelayo v. Quality CarrierInc.Workers' Compensation Appeals BoardReconsideration grantedSettlement reviewTrial level returnRescinded decisionAdministrative Law JudgeFindings of Fact
References
0
Case No. ADJ13604184
Regular
Aug 21, 2025

JOSE MARTINEZ vs. TAYLOR FRESH FOODS, ZURICH NORTH AMERICA

While this matter was pending reconsideration, the parties reached a proposed settlement. To allow the workers' compensation administrative law judge (WCJ) to review the settlement, the Appeals Board has rescinded the original decision. The case is returned to the trial level for the WCJ to consider the proposed settlement. This is not a final decision on the merits; if the settlement is not approved, the WCJ may reinstate the original decision, from which further reconsideration can be sought.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWCJAdministrative Law JudgeProposed SettlementFurther ProceedingsDecision After Reconsideration
References
1
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
0
Case No. ADJ8720882
Regular
May 29, 2014

Marcia Machado vs. Crown Plaza Hotel, Employer's Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration of a prior decision due to a settlement notification from the defendant. The Board rescinded the original March 25, 2014 decision and returned the case to the trial level. This allows a Workers' Compensation Judge to review and approve the settlement. If the settlement is not approved, the original decision can be reinstated.

WORKERS' COMPENSATION APPEALS BOARDMARCIA MACHADOCROWN PLAZA HOTELEMPLOYER'S COMPENSATION INSURANCE FUNDADJ8720882Oxnard District OfficeOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for ReconsiderationRESCINDED
References
0
Case No. ADJ4477697 (LBO 0353551)
Regular
2013-05-00

TOBOSS BELL (DECEASED) vs. GENERAL MOTORS CORPORATION, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision that had vacated a dismissal order. The Board found that the September 30, 2011 dismissal for lack of prosecution was a final order, and the applicant failed to file a timely petition for reconsideration. Because the applicant missed the statutory deadlines, the Board could not reinstate the case and instead reinstated the original dismissal order.

Workers' Compensation Appeals BoardFindings and OrderPetition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissPetition to VacateFinal OrderContinuing JurisdictionLabor Code
References
0
Case No. ADJ8063847, ADJ6671846
Regular
Aug 11, 2017

JUAN IBARRA vs. ABM JANITORIAL SERVICES, ESIS

The defendant, ABM Janitorial Services, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding cumulative trauma injury resulting in chronic myelogenous leukemia. While the petition was pending, the parties reached a proposed settlement agreement. Consequently, the WCAB granted the petition for reconsideration, rescinded the original decision, and returned the case to the trial level. The WCJ will now consider the proposed settlement, and if not approved, the original decision may be reinstated.

Petition for ReconsiderationJoint Findings and AwardCumulative Trauma InjuryChronic Myelogenous LeukemiaCompromise and ReleaseWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJRescindedReturned to Trial Level
References
0
Case No. ADJ6808242
Regular
Sep 02, 2010

JEFFERY HANDY vs. RONALD HUMPHREY, dba, ROOTERMAN

The Workers' Compensation Appeals Board granted reconsideration of the original decision denying the applicant's claim for a back injury. This rescission was based on a settlement reached between the applicant and the Uninsured Employers Benefit Trust Fund via a Compromise and Release. The case is now returned to the trial level for the Administrative Law Judge to review the settlement. If the settlement is not approved, the original denial decision may be reinstated.

Workers' Compensation Appeals BoardJEFFERY HANDYRONALD HUMPHREYROOTERMANADJ6808242OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONworkers' compensation administrative law judge (WCJ)employmentlower back injury
References
0
Case No. ADJ12670239
Regular
Nov 03, 2020

SERENA ALLEN vs. GENERAL ATOMICS, STAR INDEMNITY AND LIABILITY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to allow the parties to pursue a proposed settlement. The Board rescinded the original decision and returned the case to the trial level for the judge to review the settlement. This action is not a final determination on the merits of the case. The judge will either approve the settlement or reinstate the original decision, from which a new reconsideration can be sought.

Workers' Compensation Appeals BoardPetition for ReconsiderationProposed SettlementRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeFindings and AwardReinstating Original DecisionAdjudication NumberSan Bernardino District Office
References
0
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