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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. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7712702
Regular
Jul 22, 2013

MICHAEL BOOKER vs. ATLANTA FALCONS, TENNESSEE TITANS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review an administrative law judge's dismissal of the Tennessee Titans and their insurer, Travelers, with prejudice. The WCAB rescinded the dismissal order, finding that dismissal with prejudice may improperly bar future indemnity claims between employers and potentially conflict with the applicant's right to join necessary parties. Furthermore, dismissing Travelers with prejudice could negatively impact the applicant. The case is returned for further proceedings to ensure the applicant's entitlement to benefits is determined first.

Workers' Compensation Appeals BoardReconsiderationOrder of Dismissal With PrejudiceRetraxitIndemnity RightsCross-complaintSupplemental ProceedingsLabor Code Section 5500.5(b)Joining PartiesManzano v. Flavurence Corp.
References
Case No. ADJ7184361
Regular
Jan 17, 2012

MUNSAMI NAIKER vs. NCR CORPORATION, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant sustained industrial injuries and entitled to spinal surgery by Dr. Nottingham. Defendant argued the WCJ improperly designated Dr. Nottingham as a "Section 4062(b) evaluator" and that his surgical request violated procedural regulations. The Board, adopting the WCJ's report, rescinded the prior award and returned the case to the trial level for further proceedings. This allows for clarification on Dr. Nottingham's role and the validity of his surgical recommendation.

Workers' Compensation Appeals BoardMunsami NaikerNCR CorporationAce American InsuranceFindings Award and Orderindustrial injuryback injuryinternal system injurypsyche injuryengineer
References
Case No. ADJ3592250 (ANA 0396744)
Regular
Oct 12, 2009

JOSE JURADO vs. GOLDEN WEST TOWING EQUIPMENT, ACE USA In Care Of ESIS

Reconsideration granted; decision rescinded; matter returned to WCJ for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJreconsiderrescindreturnedtrial levelfurther proceedingsdecision after reconsideration
References
Case No. ADJ6659106
Regular
Dec 23, 2013

CLEMENCIA ESTRADA vs. BELLFLOWER UNIFIED SCHOOL DISTRICT, HOME IN SOCIAL SERVICES (HISS)

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal in this case. Consequently, the Board rescinded the WCJ's prior decision and returned the matter for further proceedings. This action was based on the WCJ's report, which the Board adopted and incorporated into its opinion. The case will now proceed with new findings and a decision by the WCJ.

Petition for RemovalGranting RemovalRescind DecisionReturn to WCJDecision After RemovalWorkers Compensation Appeals BoardAdministrative Law JudgeFurther ProceedingsOpinion and OrderApplicant
References
Case No. ADJ450115 (MON 0230555) ADJ1578833 (VNO 0399228)
Regular
Dec 15, 2008

CONSTANCE SHILLINGFORD vs. GREENBERG GLUSKER FIELDS, CAL. COMP, in liquidation by CIGA and ZENITH INSURANCE COMPANY, CAL. COMP, in liquidation by BROADSPIRE INSURANCE COMPANIES for CIGA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. The WCAB rescinded the judge's decision and returned the case to the trial level for further proceedings and a new decision. This action means the original decision is not final, and the parties can again seek reconsideration after the WCJ issues a new ruling.

Workers Compensation Appeals BoardReconsiderationRescindedReturnedWCJCIGAZenith Insurance CompanyBroadspire Insurance CompaniesLiquidationAdministrative Law Judge
References
Case No. ADJ10276513, ADJ10276376
Regular
Aug 26, 2019

MARIA ACOSTA vs. AXIS INTEGRATIVE HEALTH CENTER, THE HARTFORD

The Workers' Compensation Appeals Board granted Maria Acosta's Petition for Removal. The Board rescinded the previous decision of May 23, 2018. The matter is now returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge. This action signifies that the initial decision was deemed insufficient or flawed, necessitating reconsideration.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJrescindedreturnedtrial levelfurther proceedingsopinion and orderadministrative law judge
References
Case No. ADJ124852 (WCK 0064956)
Regular
Apr 09, 2013

MELVIN SULLIVAN vs. ENCOMPASS GULF STATES, INC., CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Melvin Sullivan's case. The WCAB rescinded the WCJ's decision and returned the matter for further proceedings and a new decision at the trial level. This order is not a final decision on the merits of the case. Parties retain the right to seek reconsideration of the WCJ's future ruling.

WCABReconsiderationRescindedReturnedTrial LevelFurther ProceedingsDecisionAdministrative Law JudgeApplicantDefendant
References
Case No. ADJ3852255 (SRO 0128541)
Regular
Dec 02, 2014

DENISE SITTON vs. LOK GROUP OF COMPANIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order finding the employer's Utilization Review (UR) decisions procedurally defective, despite being timely. The WCAB rescinded the prior order based on its subsequent en banc decision in *Dubon v. World Restoration, Inc.*, which established that only untimely UR decisions are invalid. The case is returned to the WCJ for further proceedings and a new decision consistent with the *Dubon II* ruling.

Utilization ReviewFindings and OrderPetition for ReconsiderationWCJDubon IIen banc decisionprocedural defectreasonable and necessarymedical treatmentepidural injection
References
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