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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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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 The Appeals Board granted reconsideration, rescinded the prior Findings and Award and Order of February 17, 2011, and returned the matter to the trial level.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
Case No. ADJ214310 (VNO0523944)
Regular
Sep 23, 2009

JUANA GARCIA vs. TACO BELL, GALLAGHER BASSETT CORONA for ACE AMERICA

This case involves a lien claimant seeking reconsideration of an order disallowing their lien. The claimant argued that the defendant failed to contact their legal representative and properly serve them with the disallowance order, violating regulations. The WCJ acknowledged the service error and recommended granting reconsideration. The Appeals Board granted reconsideration, rescinded the prior order, and remanded the case for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardLien claimantReconsiderationOrder DisallowingNotice of IntentLegal representativeServiceCalifornia Code of RegulationsRemandFurther proceedings
References
Case No. ADJ9334083
Regular
May 06, 2016

CHRISTOPHER SOBBE vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION

This case involves a defendant's petition for reconsideration of a workers' compensation award. The initial award found the applicant sustained an industrial injury and was temporarily totally disabled from June 15, 2013, through March 10, 2015. The defendant contests the duration of temporary disability, arguing the applicant returned to work for a period within that timeframe. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original decision, and remanded the case for further proceedings and a new decision by the WCJ.

Petition for ReconsiderationTemporary Total DisabilityFindings of FactAwards and OrderIndustrial InjuryCorrectional OfficerLegally UninsuredWCJAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ4357722 (SBR 0307145) ADJ5714365
Regular
Jun 06, 2012

ANASTASIA JENKINS vs. NEXT ENTERPRISES, INC.

This case involves Anastasia Jenkins' workers' compensation claim against Next Enterprises and the California Insurance Guarantee Association. The Second Appellate District affirmed the Appeals Board's decision that Pinnacle Lien Services could represent multiple lien claimants. The appellate court remanded the case for further proceedings consistent with its opinion. The Appeals Board is now returning the case to the trial level for the workers' compensation judge to conduct necessary proceedings and issue decisions.

ADJ4357722ADJ5714365Anastacia JenkinsNext Enterprises Inc.California Insurance Guarantee AssociationVillanova Insurance liquidationOracle ImagingN-CareNations Surgery CenterPinnacle Lien Services
References
Case No. ADJ8475333
Regular
Nov 19, 2018

JEFFREY DAVIS vs. GENERAL MOTORS, LLC

The Workers' Compensation Appeals Board (WCAB) granted General Motors' Petition for Reconsideration regarding a prior award. This action was taken because the parties subsequently entered into a Compromise and Release (C&R) agreement to fully settle the case. Consequently, the WCAB rescinded the original award and remanded the matter to the trial level for the judge to review and approve the C&R. If the C&R is not approved, General Motors may again raise issues in further trial-level proceedings.

Petition for ReconsiderationCompromise and ReleaseWithdrawal of PetitionRemandWCJ ApprovalRescinded AwardWorkers' Compensation Appeals BoardAdministrative Law JudgeFindings of FactAward and Order
References
Case No. ADJ9428267
Regular
Jul 07, 2018

JOHNNY CORTEZ vs. LES SCHWAB TIRE, INC.

The Appeals Board dismissed Johnny Cortez's untimely petition for reconsideration of a stipulated award, as it was filed more than 25 days after the WCJ's decision. However, the Board granted reconsideration on its own motion within the statutory 60-day period. The Board rescinded the original award and returned the case to the WCJ for further proceedings to determine if the stipulations should be approved. This action was taken to address the applicant's claims regarding incorrect temporary disability payments and improper notification of PQME rights.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeStipulated AwardTemporary Disability IndemnityPanel Qualified Medical EvaluatorPermanent DisabilityTimelinessJurisdictional Time LimitReconsideration on Own Motion
References
Case No. ADJ1690383 (LAO 0818718) ADJ253066 (LAO 0811576) ADJ1849347 (LAO 0845486)
Regular
Dec 07, 2010

TRINI RIVERA vs. FREMONT COMPENSATION INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ESIS, INC., ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding an arbitrator's decision that had determined specific injury dates binding for contribution proceedings. The Board ruled that ESIS, Inc. was not bound by its prior stipulation with the applicant regarding injury dates for the purpose of determining contribution from other defendants. The case is remanded for the arbitrator to independently determine the dates of injurious exposure, as required by Labor Code section 5500.5, to properly address ESIS's contribution claim.

Workers' Compensation Appeals BoardReconsiderationContribution ProceedingCumulative Trauma InjuryDates of InjuryStipulated AwardInjurious ExposureLabor Code Section 5500.5De Novo DeterminationApportionment of Liability
References
Case No. ADJ560768 (SJO 0256445)
Regular
Nov 29, 2011

MARK CAMPAGNA vs. AMERICAN CORP./AMERICAN AIRLINES; AMERICAN HOME ASSURANCE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimant Access Mediquip's petition. The WCAB found that Access Mediquip's objection to the Order Dismissing Lien was timely filed, despite the WCJ's initial belief to the contrary. Therefore, the WCAB rescinded the dismissal order and remanded the case to the trial level for further proceedings. This decision hinges on the correct calculation of the response deadline for the Notice of Intention to Dismiss Lien.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss LienLien claimantPinnacle Lien ServicesAccess MediquipWCJPermanent disabilityMedical treatment
References
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