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

Case No. ADJ6892572
Regular
Mar 05, 2012

RAFAEL RODRIGUEZ, RAFAEL CORREA-RODRIGUEZ vs. SURFACE CONSTRUCTORS, INC., FIRSTCOMP For ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration filed by Rafael Rodriguez (also known as Rafael Correa-Rodriguez). The dismissal was based on two procedural defects: the petition was untimely filed and improperly served. The WCAB further indicated that even if the petition had been procedurally sound, it would have been denied on the merits based on the WCJ's report. Therefore, the petition for reconsideration was dismissed.

Petition for ReconsiderationUntimely FilingImproper ServiceWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissalDenial on MeritsLien ClaimantSurface ConstructorsFirstcomp
References
Case No. ADJ7397148
Regular
Oct 15, 2013

JAVIER RODRIGUEZ vs. EMPLOYERS DEPOT, INC.

The Workers' Compensation Appeals Board denied Javier Rodriguez's Petition for Reconsideration. Rodriguez alleged inadequate notice of a lien conference, claiming the hearing was improperly converted from a status conference. The Board adopted the WCJ's report, which found the hearing was automatically deemed a lien conference by regulation, requiring payment of a lien activation fee. The underlying case was previously resolved by a Compromise and Release.

Petition for ReconsiderationOrder DenyingCompromise and ReleaseLien ConferenceStatus ConferenceLien Activation FeeLabor Code §4903.06Cal. Code. Regs. §10770.1Declaration of ReadinessVenue
References
Case No. ADJ7774631
Regular
Aug 16, 2019

IGNACIO GARCIA vs. TRINIDAD RODRIGUEZ dba RODRIGUEZ FARM LABOR CONTRACTOR, STATE COMPENSATION INSURANCE FUND, SERGIO RODRIGUEZ

This case involves a worker's compensation claim by Ignacio Garcia. The primary issue was whether Garcia was employed by Trinidad Rodriguez dba Rodriguez Farm Labor Contractor or Sergio Rodriguez. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the judge's finding that Trinidad Rodriguez was the employer. While the Board noted the applicant has the burden to prove employment, they found the evidence supported the conclusion that Garcia was employed by Trinidad Rodriguez.

Petition for ReconsiderationDenialEmployment StatusFarm Labor ContractorState Compensation Insurance FundGoing and Coming RuleBurden of ProofCredibility DeterminationsInsured EmployerUninsured Employer
References
Case No. VNO 0467830
Regular
Mar 14, 2008

ALICIA RODRIGUEZ vs. ARAMARK, LUMBERMAN'S MUTUAL CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Alicia Rodriguez's Petition for Reconsideration in case VNO 0467830. The dismissal was based on the petition being untimely filed. Specifically, the filing did not adhere to the 20-day statutory deadline (plus 5 days for mailing) for reconsideration petitions.

Petition for ReconsiderationUntimely FilingWCAB Rule 10840Labor Code § 5903Code of Civil Procedure §1013Workers' Compensation Administrative Law Judge (WCJ)DismissedLumberman's Mutual Casualty CompanySpecialty Risk ServicesAlicia Rodriguez
References
Case No. ADJ8049289
Regular
Dec 04, 2012

MARCOS RODRIGUEZ vs. MCR TRANSPORT, INC., CALIFORNIA LIVESTOCK PRODUCERS

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding applicant Marcos Rodriguez's admitted injuries. The defendant argued for apportionment based on a prior claim settlement, but the Board found this lacked merit. The Board determined different rating methodologies and schedules applied to the distinct injuries and body regions, meaning the defendant failed to meet its burden of proof for apportionment or overlap. Consequently, the petition for reconsideration was denied.

WCABMARCOS RODRIGUEZMCR TRANSPORTINC.CALIFORNIA LIVESTOCK PRODUCERSYORK INSURANCE SERVICES GROUPINC.ADJ8049289Petition for ReconsiderationWCJ
References
Case No. ADJ10830482
Regular
Mar 02, 2018

JOSAFAT RODRIGUEZ vs. CITY OF SANTA CRUZ, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied Josafat Rodriguez's Petition for Reconsideration. This denial is based on the Board adopting and incorporating the reasoning presented in the workers' compensation administrative law judge's report. The specific grounds for denial are not detailed in this excerpt but are presumed to be adequately addressed in the WCJ's report. Therefore, the Board affirmed the prior decision by denying reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionWCJ reportJosafat RodriguezCity of Santa CruzSedgwick Claims Management ServicesADJ10830482Salinas District OfficeAdministrative Law Judge
References
Case No. ADJ8296919
Regular
Nov 26, 2012

ISMAEL DE LA TORRE vs. WELLS FARGO BANK, SEDGWICK

The Workers' Compensation Appeals Board dismissed Wells Fargo Bank's Petition for Removal and/or Reconsideration. Defendant had requested the rescission of an order continuing the case to trial, asserting it was not ready. However, the parties subsequently agreed to take the case off calendar at the scheduled trial date. Consequently, the Board found the defendant's petition to be moot.

WCABPetition for RemovalPetition for ReconsiderationMootDismissedOff CalendarWCJ OrderAdministrative Law JudgeWells Fargo BankSedgwick
References
Case No. ADJ6954997
Regular
Oct 11, 2010

ALBERTO RODRIGUEZ vs. RUIZ FOOD PRODUCTS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Zurich American Insurance Company. Defendant disputed an administrative law judge's finding that Alberto Rodriguez sustained an industrial injury to his back and right lower extremity. The Board affirmed the judge's finding, crediting Rodriguez's testimony regarding the injury and his reporting of symptoms. Despite conflicting witness accounts on when and to whom the injury was reported, the Board found the weight of the evidence supported Rodriguez's claim and accorded deference to the judge's credibility determinations.

AOE/COEPetition for ReconsiderationFindings of Factindustrial injuryback injurylower extremity injuryapplicant's testimonydefendant's witnessesWCJ's determinationcredibility
References
Case No. ADJ8786084
Regular
Mar 24, 2016

ARMANDO RODRIGUEZ vs. COUNTY OF ORANGE

The Workers' Compensation Appeals Board denied applicant Armando Rodriguez's petition for reconsideration. The Board had previously granted reconsideration of an initial finding that Rodriguez sustained a psychiatric injury, instead determining that the claim was barred by the "good faith personnel action defense." The Board found the defendant met its burden of proof that the applicant's psychiatric injury claim was barred by Labor Code section 3208.3(h). Therefore, applicant was ordered to take nothing by way of his claim.

Petition for ReconsiderationGood Faith Personnel Action DefenseLabor Code section 3208.3(h)Psychiatric InjuryCumulative TraumaSpecific InjuryAOE/COERolda v. Pitney BowesInc.WCAB
References
Case No. ADJ4564984 (MON 0201538)
Regular
Apr 20, 2009

EdUARDO RODRIGUEZ (Deceased) RODRIGUEZ, Teresita (Wife) vs. COUNTY OF LOS ANGELES, USC MEDICAL CENTER, et al.

The Workers' Compensation Appeals Board granted reconsideration to address deficiencies in the original award for home health care services. The Board found a lack of substantial evidence supporting the necessity and duration of care provided by the deceased worker's wife, Teresita Rodriguez. Crucially, the WCJ failed to specify the basis for the awarded hours and hourly rate, and did not adequately address potential differences in rates over time or periods of hospitalization. The matter was returned to the trial level for further development of the record to determine the actual need for care, the precise number of hours, and appropriate rates, as well as to clarify the defendant's notice of the need for services.

Workers Compensation Appeals BoardReconsiderationFindings and AwardHome Health Care ServicesLien ClaimantAgreed Medical EvaluatorIndustrial InjuryPermanent DisabilitySelf-Procured Medical TreatmentRenal Failure
References
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