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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3345507
Regular
Sep 18, 2014

ROBERT MOOS vs. CITY OF INGLEWOOD

This case concerns a lien claimant's petition for reconsideration of an order disallowing their lien. The claimant argued they did not receive notice of a lien conference, but the Workers' Compensation Appeals Board (WCAB) record indicated proper service by mail. The WCAB upheld the administrative law judge's decision, presuming the notice was received and that the lien claimant failed to rebut this presumption with sufficient evidence. As the lien claimant also failed to object to a subsequent Notice of Intent to Dismiss their lien, reconsideration was denied.

Petition for ReconsiderationLien ClaimantNotice of Lien ConferenceService of ProcessPresumption of ReceiptEvidentiary CodeWCABWCJOrder Disallowing LienNotice of Intent to Dismiss
References
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. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. STK 0188389(M) STK 0188391
Regular
Jul 24, 2008

CARLOS LOPEZ vs. CALIFORNIA ENGINEERING/MODERN CONTINENTAL, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case to the trial level for further proceedings. The WCAB found that the administrative law judge (ALJ) improperly excluded medical reports and an MRI related to a prior injury from evidence, despite their relevance to apportionment. The WCAB determined these documents were part of the WCAB's legal file and thus subject to judicial notice, as requested by the defendant.

Workers' Compensation Appeals BoardReconsiderationJudicial NoticeLabor Code Section 5502Pretrial Conference StatementExhibitsRecord of ProceedingsLegal FileApportionmentPermanent Partial Disability
References
Case No. ADJ3057068
Regular
Nov 01, 2010

Cecilio Torres vs. Holbrook Construction, Inc., Lincoln General Insurance Company, American Claims Management, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case for further proceedings. The applicant claimed a back and other injuries, alleging he notified his supervisor of the incident and subsequent pain before termination. The Board found the applicant met his burden to prove he provided sufficient notice of injury to his supervisor prior to termination, fulfilling the notice requirement of Labor Code section 3600(a)(10). Defendants failed to rebut the applicant's evidence that he reported the injury and requested medical treatment from his supervisor.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryTerminationPreponderance of EvidenceSupervisor NoticeActual NoticeEmployer KnowledgeWCJ Decision
References
Case No. ADJ7618625
Regular
Dec 30, 2014

AMY ROBINOW JEFFERSON vs. RALPHS GROCERY COMPANY, SEDGWICK

This case involves a lien claimant's petition for reconsideration regarding a Workers' Compensation Appeals Board (WCAB) order. The WCAB denied the petition, adopting the reasoning of the Administrative Law Judge (ALJ). The core dispute concerns whether the employee received proper notice of the employer's Medical Provider Network (MPN), which impacted the validity of treatment obtained outside that network. The ALJ found the employee received proper notice through various exhibits and that the lien claimant's arguments were not persuasive. Ultimately, the WCAB affirmed the ALJ's decision to deny the lien claimant's request for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantMedical Provider Network (MPN)MPN NoticeApplicant's TreatmentLabor Code §4603.2(a)(3)Labor Code §4616.3(b)*Knight v. United Parcel Service*Primary Treating Physician (PTP)
References
Case No. ADJ7928392
Regular
Aug 13, 2013

MARTIN SAN AGUSTIN vs. DEARDORFF JACKSON CO., SEABRIGHT INSURANCE COMPANY

This case involves a lien claimant's request for reconsideration after its lien was dismissed for failure to pay an activation fee. The Appeals Board granted reconsideration, finding that the lien claimant's attorney did not receive notice of the lien conference, a violation of due process. Therefore, the Board rescinded the dismissal order and returned the matter to the trial level for further proceedings regarding the lien.

Lien Activation FeePetition for ReconsiderationLien ConferenceDue ProcessNotice of RepresentationEAMSWCJLabor Code Section 4903.06(a)(4)Notice of HearingService of Notice
References
Case No. ADJ10871045 ADJ10871047 ADJ10871049
Regular
Feb 19, 2019

XAVIER HERNDON vs. BENIHANA, INC.; ZURICH NORTH AMERICA

The Appeals Board granted reconsideration and rescinded the WCJ's order commuting all future payments to a lump sum. The Board found the commutation order violated defendant's due process rights by failing to provide notice and an opportunity to object or present evidence. The matter is returned to the trial level for further proceedings, including notice and a potential hearing on the commutation request.

Order of CommutationPetition for ReconsiderationDue ProcessNoticeOpportunity to be HeardWCJWorkers' Compensation Appeals BoardLump SumStipulationsAward
References
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