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

Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. MISSING
Regular Panel Decision
Feb 06, 2014

Claim of Kettavong v. Livingston County SNF

The Workers’ Compensation Board (WCB) rescinded the transfer of liability from the employer to the Special Fund for Reopened Cases, finding that the claimant's case was not truly closed when the transfer was initially requested. This was due to an unresolved issue of permanent disability, which an independent medical examination report in 2005 had raised. The employer and its workers’ compensation carrier appealed the WCB's decision. The Appellate Division affirmed the WCB's determination, concluding that substantial evidence supported the finding that the case was not closed. The Court also upheld the WCB's authority to rescind prior findings despite the lack of a timely appeal.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesTransfer of LiabilityCase ClosingPermanent Partial DisabilityReduced EarningsIndependent Medical ExaminationMaximum Medical ImprovementSubstantial EvidenceBoard Discretion
References
10
Case No. SDO 0342564
Regular
Apr 29, 2008

LAREE BAESSLER vs. NATIONAL ASSOCIATION OF MUSIC MERCHANTS, ZENITH INSURANCE COMPANY

The Appeals Board rescinded its prior order granting reconsideration and denied the defendant's petition for removal. The Board found the defendant failed to follow the proper procedure under Labor Code sections 4062 and 4062.2 when attempting to obtain a Qualified Medical Evaluator (QME) exam. Therefore, the defendant is not entitled to an order compelling the applicant to attend a QME exam.

Workers' Compensation Appeals BoardMedical Provider NetworkLabor Code section 4616.6Petition for RemovalLabor Code sections 4061 and 4062Minute OrderProcedural orderReconsiderationSignificant prejudiceIrreparable harm
References
1
Case No. ADJ7554153
Regular
Mar 01, 2014

GABRIELA ADAME vs. AREOL STAFFING SERVICES, INC., ULLICO CASUALTY CO.

The Workers' Compensation Appeals Board rescinded its prior order granting reconsideration and dismissed the lien claimants' petition. The petition was untimely filed, as it was submitted significantly after the deadline for seeking reconsideration of the orders dismissing the liens. Furthermore, the lien claimants' arguments regarding lack of notice were refuted by proof of service, and they failed to properly update their representative information. The Board lacked jurisdiction to consider the petition due to its tardiness and other procedural defects.

Workers' Compensation Appeals BoardReconsiderationLien ClaimLien Activation FeePetition for ReconsiderationTimelinessJurisdictionService of ProcessRepresentative DesignationLabor Code Section 4903.06
References
2
Case No. ADJ12768897
Regular
Jun 16, 2025

LUCIANO GONZALEZ MENDOZA vs. CARROL AND STRONG BUILDERS, PEDRO PILLAR LOPEZ, SOUTHEAST PESONNEL LEASING COMPANY, STATE COMPENSATION INSURANCE FUND

Defendant PL Construction/Pedro Lopez sought reconsideration of a March 24, 2025 Findings and Order by a workers' compensation arbitrator that found them uninsured for an injury to Luciano Gonzalez Mendoza. The Appeals Board granted the petition for reconsideration, citing insufficient notice of case transmission to the parties and an incomplete arbitration record. The Board issued a Notice of Intention to rescind the arbitrator's decision and return the matter for further proceedings if a complete record is not filed within thirty days.

Petition for ReconsiderationRescind Arbitrator's DecisionInsufficient EvidenceUninsured StatusAmbiguity in CoverageImplied-in-Fact ContractEstoppelPublic PolicyLabor Code § 5909Electronic Adjudication Management System
References
17
Case No. ADJ16131890
Regular
Oct 13, 2025

VERONICA JIMENEZ vs. ABM INDUSTRIES, ESIS CHATSWORTH

The applicant, Veronica Jimenez, sought reconsideration of a June 20, 2025 Findings of Fact and Award which found injuries to several body parts but not to the psyche or insomnia. Applicant contended that the QME report was not substantial medical evidence, proposed exhibits were excluded, and a sub rosa video should be stricken. The Appeals Board granted the petition for reconsideration and issued a Notice of Intention to rescind the arbitrator's decision, citing issues with the completeness of the arbitration record and due process concerns.

Carve-out casesPetition for reconsiderationSubstantial medical evidenceSub rosa videoAuthenticationReport on reconsiderationElectronic Adjudication Management SystemLabor Code section 5909TimelinessNotice of transmission
References
9
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