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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. ADJ2140586
Regular
Sep 01, 2009

ARMANDO AVILA-GONZALEZ vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board reversed a WCJ's decision to reopen a case, finding no "good cause" based on a purported change in law. The WCJ had relied on the *Vera* case to apply an older disability rating schedule, but subsequent appellate decisions created a conflict, not a definitive change, in the law. The Board determined *Vera* remained citable and that the evidence did not support reopening or a finding of permanent disability. Therefore, the applicant's petition to reopen was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenGood CauseChange in LawVera v. WCABPermanent Disability Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusMedical Reports
References
Case No. ADJ6778804
Regular
Jun 15, 2012

MARY AVILA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The applicant's petition for reconsideration was denied because her case was properly dismissed for failure to prosecute under Rule 10582. The applicant's counsel had not contacted her for over three years, and despite notices, the applicant failed to provide a verified objection with medical records or an explanation for her lack of contact. The Board found that the applicant and her counsel did not fulfill their duty to maintain a current address and keep the Appeals Board informed. The dismissal was without prejudice, allowing the applicant to potentially reopen the case if she can be located and demonstrates good cause within the statutory period.

Petition for ReconsiderationWCJDismissal Without PrejudiceFailure to ProsecuteAppeals Board Rule 10582Official Address RecordNotice of IntentionVerified ObjectionLack of ProsecutionGood Cause
References
Case No. STK 0188538
Regular
Jul 02, 2008

DAVID DYKES vs. E. & J. GALLO WINERY

The Workers' Compensation Appeals Board granted the defendant's petition to reopen a prior award due to a change in the law established by the Supreme Court in *Brodie v. Workers' Comp. Appeals Bd.* This change in law clarified the method for calculating permanent disability indemnity after apportionment, overriding a prior appellate court decision that the Board had relied on. Consequently, the Board rescinded the previous decision, granted the petition to reopen, and remanded the case to recalculate permanent disability indemnity based on the controlling Supreme Court precedent.

WCABPetition to ReopenReconsiderationRes JudicataGood CauseChange of LawLaw of the CaseApportionmentPermanent Disability IndemnityLabor Code Sections 4663
References
Case No. LAO 0827308
Regular
Jul 30, 2007

David Phillips vs. ON LINE COMMUNICATIONS, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sought to reopen a workers' compensation settlement, alleging improper temporary disability payments. The Court of Appeal found "good cause" to reopen under Labor Code section 5803, even without evidence of fraud. Consequently, the Appeals Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level for further proceedings.

RemittiturPetition to ReopenSet Aside Compromise and ReleaseGood Cause to ReopenLabor Code Section 5803FraudTemporary Disability PaymentsCourt of Appeal OpinionAnnulled OrderRescinded Findings and Order
References
Case No. ADJ9178187
Regular
Mar 22, 2018

VICENTE IVAN GARCIA DIAZ vs. AUBERGE DU SOLEIL, HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's order dismissing the case, and returned the matter for further proceedings. The Board found that the applicant, who claimed incarceration and mental health issues prevented his appearance, was entitled to a hearing to determine if there was good cause to set aside the dismissal. The WCJ incorrectly believed they lacked jurisdiction to revisit the dismissal order. The applicant's due process rights require an opportunity to present evidence and testimony regarding the dismissal.

Petition for ReconsiderationOrder Dismissing CaseFailure to AppearIncarcerationMental HealthDue ProcessFair HearingWCJ DutySet Aside DismissalJurisdiction to Vacate
References
Case No. ADJ7852815
Regular
Jul 28, 2015

JANE GREY WALKER vs. CITY OF OAKLAND

This case involves applicant Jane Grey Walker seeking to reopen her workers' compensation case due to new and further disability. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the judge's premature dismissal of her petition. The judge had dismissed the petition before the applicant had the full 30 days allowed by a Notice of Intention to Dismiss to provide supporting medical evidence. The WCAB rescinded the dismissal and returned the matter for further proceedings.

Petition for ReconsiderationPetition to ReopenNotice of Intention to DismissOrder Dismissing Petition to ReopenNew and Further DisabilityStipulations with Request for AwardAgreed Medical Examiner (AME)Due ProcessOpportunity to be HeardLabor Code Section 5803
References
Case No. ADJ18890787; ADJ10622598; ADJ10936287; ADJ11180688
Regular
Apr 01, 2025

Kevin Perry vs. Asset Protection and Security Services L.P., Insurance Company of the State of PA

The applicant, Kevin Perry, sought reconsideration of a prior Order Dismissing Case with Prejudice, which was based on the doctrine of res judicata. The Workers' Compensation Appeals Board (WCAB) acknowledged that the petition was timely filed within the 60-day statutory period. However, due to the absence of a complete evidentiary record from the lower tribunal, the WCAB was unable to adequately review the applicant's contentions. Consequently, the Petition for Reconsideration was dismissed as premature, and the matter was returned to the Presiding Workers' Compensation Judge (PWCJ) with a recommendation to treat the original petition as one to set aside the initial Order Dismissing, allowing for further proceedings and a new decision that can then be subject to reconsideration.

Res judicataVexatious litigantPetition for reconsiderationOrder dismissing case with prejudiceLabor Code section 5909Cumulative traumaAsset Protection and Security ServicesGallagher Bassett ServicesAIG ClaimsApplication for Adjudication of Claim
References
Case No. ADJ7232076
Regular
Nov 22, 2011

TSEGAY MESSELE vs. PITCO FOODS, INC., CALIFORNIA INSURANCE COMPANY

This case concerns a prior en banc decision that clarified timelines for selecting Agreed Medical Evaluators (AMEs) and Qualified Medical Evaluator (QME) panels. Due to confusion and potential for reopening cases, the Appeals Board granted reconsideration on its own motion. The Board ultimately modified its prior decision to apply prospectively from September 26, 2011, preventing challenges to previously obtained QME panels based on prematurity unless timely objected to before that date. This modification aims to avoid widespread reopening and preserve settlements based on prior interpretations.

WCABen bancreconsiderationprospective applicationQME panelagreed medical evaluatorAMEprematurityLabor Code section 4062.2(b)DWC Newsline
References
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
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