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Case Law Database

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

Case No. ADJ6552779
Regular
Aug 17, 2009

LOUIE BLACKMON vs. THE HOME DEPOT, SEDGWICK 14442 ORANGE

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed against a final order. The WCJ had previously denied the applicant's petition for commutation without prejudice, citing failure to serve the defendant and lack of substantiating documentation. The Board remanded the case to the trial level for a status conference to assist the unrepresented applicant with understanding commutation requirements.

CommutationPetition for ReconsiderationOrder Denying Without PrejudiceStipulated Findings and AwardNewly Discovered EvidenceProof of ServiceFinal OrderLabor Code Section 5900Substantive Rights and LiabilitiesInformation and Assistance Office
References
5
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
Case No. ADJ9195822
Regular
Oct 09, 2017

BOBBY LEWIS vs. HENDRICKSON TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves a lien claimant, Labs for Physicians & Surgeons, seeking reconsideration of their lien's dismissal by operation of law. The claimant argued their filings were timely. However, the claimant and defendant later reached a stipulation to resolve the lien. The Appeals Board granted the claimant's request to withdraw their petition for reconsideration. The matter is now remanded to the trial level for review and action on the parties' stipulation.

Labor Code section 4903.05(c)Petition for ReconsiderationDismissal of lien by operation of lawNotice and Request for Allowance of LienSupplemental Lien FormSection 4903.05(c) Declarationfiling deadlineStipulationWCJAppeals Board
References
0
Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
Case No. MISSING
Regular Panel Decision

Archie v. Todd Shipyards Corp.

This case involves an appeal concerning a wrongful death action. The administratrix of a decedent’s estate sued Todd Shipyards Corporation after the decedent, an employee of Metalock Repair Service, Inc., drowned in a drydock. The decedent was working on a scaffold without guard rails or toe boards, in violation of multiple codes including the New York City Building Code, State Industrial Code, and Labor Law § 240(2). The original complaint was dismissed at the close of the plaintiff’s case. The appellate court found sufficient evidence of the defendant’s negligence, including statutory violations, to warrant submission to a jury. Citing legal precedents, the court emphasized a less stringent burden of proof in death actions and that contributory negligence is a defense for the defendant to prove. The judgment dismissing the complaint was unanimously reversed, and the matter was remanded for a new trial.

Wrongful DeathNegligenceScaffold SafetyLabor Law ViolationsCircumstantial EvidencePrima Facie CaseDismissal ReversedRemanded for New TrialContributory NegligenceCustom and Usage
References
7
Case No. ADJ6487859
Regular
Feb 08, 2012

Carlos Lopez vs. All American Asphalt, Seabright Insurance

This case was remanded by the California Court of Appeal for reconsideration of the defendant's Petition for Reconsideration in light of the *Ogilvie* decision. The Appeals Board granted reconsideration, rescinded the prior Findings and Award and Order of February 17, 2011, and returned the matter to the trial level. The Workers' Compensation Judge will now issue a new decision after further proceedings, applying the *Ogilvie* precedent.

Workers' Compensation Appeals BoardREMANDOgilvie v. Workers' Comp. Appeals Bd.Petition for ReconsiderationFindings and AwardWorkers' Compensation JudgeRESCINDEDtrial levelfurther proceedingsnew decision
References
1
Case No. ADJ7730252
Regular
Jan 08, 2016

MARIA OLVERA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

This case concerns sanctions and costs imposed against Peter T. Brown & Associates, Peter T. Brown, Esq., and hearing representative Shapoor Ashorzadeh. The Court of Appeal annulled the Appeals Board's previous decision and remanded the case for further proceedings. Specifically, the matter is returned to the trial level for an evidentiary hearing on sanctions and costs, allowing the petitioners their right to be heard. The WCJ will then issue a new decision after this hearing.

Workers' Compensation Appeals BoardSanctions and CostsRemandCumulative Trauma ClaimSpecific InjuryDue ProcessEvidentiary HearingLabor Code section 5813Non-attorney Representative SupervisionPetition for Writ of Review
References
0
Case No. ADJ7928198
Regular
Mar 19, 2014

FELIPE AYALA vs. CUSTOM DELUXE LANDSCAPINT, ACE USA

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was filed against a Notice of Intention, not a final order. The Board found the petition frivolous and warned against future similar filings. The case will be returned to the trial level for further proceedings and decision.

Petition for ReconsiderationNotice of Intention (NIT)Lien ClaimDismissalTrial LevelWCJ ReportFrivolous FilingSanctionsWorkers' Compensation Appeals BoardFinal Order
References
0
Case No. ADJ3362610 (AHM 0122924)
Regular
Jan 09, 2012

JOSE COLLASO, JOSE COLLAZO vs. PACIFIC FRESH FOOD CO., PREMIER STAFFING SOLUTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was filed 146 days after the original dismissal order, far exceeding the 25-day jurisdictional deadline. The Board noted that untimely petitions cannot be excused by mistake or excusable neglect, even if the applicant experienced homelessness. However, the WCAB will remand the case to the WCJ to treat the petition as a request to reopen the dismissal for good cause and schedule a hearing on that specific issue.

Petition for reconsiderationDismissal for lack of prosecutionPetition to reopenGood causeJurisdictional time limitsFinal orderUntimely petitionContinuing jurisdictionWorkers' Compensation Appeals BoardAdministrative law judge
References
16
Case No. ADJ441410
Regular
Oct 03, 2008

HAYDEE NUNEZ vs. FAIRMONT MIRAMAR HOTEL, COMMERCE & INDUSTRY INSURANCE COMPANY

The Appeals Board denied the lien claimant's petition for reconsideration, affirming the WCJ's denial of the remaining lien balance. The Board is returning the case to the trial level to investigate potential sanctions against the lien claimant for its actions in filing the petition for reconsideration, citing alleged procedural defects and bad faith. The WCJ's original finding was that the outpatient fusion surgery was not permitted under Medicare Guidelines and the defendant paid more than the reasonable value of the services.

Workers Compensation Appeals BoardFairmont Miramar HotelCommerce & Industry Insurance CompanyAIG Domestic ClaimsOutpatient Spine & Surgery CenterLien claimantIndustrial injuryLow back injuryOutpatient fusion surgeryMedicare Guidelines
References
1
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