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Case Law Database

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ10574205
Regular
Sep 09, 2019

AMNER ALVAREZ vs. SCM ENTERPRISES, TIMBERS STRATA 23-LP, FOWLER PROPERTY MANAGEMENT, STRATA EQUITY GROUP, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, EMPLOYERS COMPENSATION INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST, MARKEL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the arbitrator's decision because SCM Enterprises claimed it did not receive timely notice of the hearing and decision. The Board found the petition for reconsideration to be timely filed as the statutory period does not run until actual receipt of the decision when service is defective. The case is returned to the arbitrator for further proceedings and a new decision. This order is not a final decision on the merits.

Petition for ReconsiderationArbitration HearingArbitrator's DecisionDefective ServiceTimelinessJurisdictional Time LimitRescinded DecisionFurther ProceedingsWorkers' Compensation Appeals BoardLab. Code
References
Case No. ADJ3673382 (AHM 0084473) ADJ1361609 (AHM 0085858) ADJ2402991 (AHM 0085857) ADJ4050086 (AHM 0085856) ADJ1533147 (AHM 0085855) ADJ1199908 (AHM 0085828) ADJ700319 (AHM 0085827) ADJ2455910 (AHM 0085829) ADJ1727200 (AHM 0085831)
Regular
Jan 30, 2009

DOUGLAS BOULWARE vs. LOS ANGELES COUNTY FIRE DEPARTMENT, TRISTAR

This case involves multiple workers' compensation claims filed by Douglas Boulware against the Los Angeles County Fire Department and Tristar. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded that decision, finding it necessary to return the matter to the arbitrator for further proceedings. This action is not a final determination on the merits of the claims.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationArbitrator's decisionRescindedFurther proceedingsNot a final decisionDouglas BoulwareLos Angeles County Fire DepartmentTristarPetition for Reconsideration
References
Case No. ADJ10850096 ADJ10851592
Regular
Oct 25, 2018

MARIA FLORINA PADRON DE HERNANDEZ vs. MERCHANTS BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an arbitrator's decision concerning Maria Padron de Hernandez's workers' compensation claim. The arbitrator had found a specific back injury, awarded temporary disability, denied future medical treatment, and imposed sanctions. The WCAB rescinded the arbitrator's decision, returning the matter for further proceedings. This action was based on the finding that the parties' Alternative Dispute Resolution (ADR) agreement stipulated arbitration under American Arbitration Association rules, which were not provided nor followed. Consequently, it could not be determined if the arbitration proceeded according to the agreed-upon rules, thus potentially violating due process.

Workers Compensation Appeals BoardAlternative Dispute ResolutionLabor Code section 3201.7Arbitrator's Findings and AwardCosts and SanctionsContinuing InjuryTemporary DisabilityOverpaymentFuture Medical TreatmentReconsideration
References
Case No. ADJ1433114
Regular
Aug 25, 2011

ANTONIO RAMIREZ vs. TRINITY BROADCASTING NETWORK, TRINITY CHRISTIAN CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Ramirez v. Trinity Broadcasting Network. The WCAB rescinded the Administrative Law Judge's (ALJ) decision and returned the matter to the trial level for further proceedings. This action means the prior ruling is vacated, and the case will be re-evaluated by the ALJ. The parties still retain the right to seek reconsideration of any subsequent decision.

Workers Compensation Appeals BoardTrinity Broadcasting NetworkTrinity Christian CenterState Compensation Insurance FundOpinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJrescindreturned to trial level
References
Case No. ADJ2949384 (VNO 0519538)
Regular
Nov 29, 2016

JORGE L. COBIAN vs. WESLAR, INC., STATE COMPENSATION INSURANCE FUND

A lien claimant attorney sought reconsideration of an arbitrator's fee division order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the arbitrator failed to timely submit the arbitration record as required by Rule 10865(f). The WCAB rescinded the original order and remanded the case for a new decision, emphasizing the arbitrator's future compliance with record submission rules or party reconstruction of the record if necessary.

Workers Compensation Appeals BoardPetition for ReconsiderationArbitrator's DecisionCarve-out ArbitrationAttorney Fee DivisionWCAB Rule 10865(f)Inadequate RecordRemandRescind DecisionReconstruct Record
References
Case No. ADJ6940334
Regular
Jan 28, 2011

AURELIO RAMOS LOPEZ vs. JESUS AGUILAR dba C&A FRAMING et al.

The Workers' Compensation Appeals Board granted reconsideration, rescinded a deficient arbitrator's judgment, and returned the matter for further proceedings. The original "Judgment" failed to comply with statutory requirements for a decision, lacking an opinion and a signature. Defendant Granite argued denial of due process due to insufficient time for discovery after being joined as a party. Defendant C&A contended substantial evidence supported coverage by AIG on the date of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationJudgmentArbitrationCoverageDate of InjuryDue ProcessDiscoverySubstantial EvidenceWaiver
References
Case No. ADJ2548586 (VNO0557073)
Regular
Apr 03, 2025

MELANIE SANCHEZ vs. MIANO'S FOOD CORPORATION, HARTFORD INSURANCE COMPANY OF THE MIDWEST, TRAVELERS CASUALTY & SURETY CO.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings concerning the date of injury and liability under Labor Code section 5500.5, specifically due to an incomplete arbitration record. Despite a Notice of Intention to rescind and an extended deadline for submitting missing documents, the required transcripts and pleadings were not filed. Emphasizing the importance of due process and a complete evidentiary record for meaningful review, the Appeals Board rescinded the arbitrator's decision and returned the matter for further proceedings, allowing any aggrieved party to seek reconsideration of a new decision.

Labor Code 5500.5ContributionReimbursementStatute of LimitationsArbitrator's DecisionReconsiderationRescindedIncomplete RecordDue ProcessSubstantial Justice
References
Case No. ADJ10145832, ADJ6745686
Regular
Jul 12, 2019

SARALEE GILPIN vs. PORTERVILLE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded the April 22, 2019 decision and returned the case to the arbitrator for further proceedings. The arbitrator must now issue a new decision with comprehensive findings of fact on all relevant issues, including the underlying industrial injury, employment, insurance coverage, and apportionment of liability. The arbitrator is also required to provide an opinion explaining the basis for the decision and the Minutes of Hearing and Summary of Evidence.

Workers' Compensation Appeals BoardPorterville Unified School DistrictKeenan & AssociatesState Compensation Insurance FundPetition for ReconsiderationArbitrator's ReportIndustrial InjuryPeriods of EmploymentInsurance CoverageApportionment of Liability
References
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