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

Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
Case No. 527101
Regular Panel Decision
Feb 07, 2019

Matter of Bell v. Glens Falls Ready Mix Co., Inc.

Walter Bell, a diesel mechanic/driver, appealed a Workers' Compensation Board decision regarding his schedule loss of use (SLU) of his right arm. Bell sustained work-related injuries requiring surgery and received workers' compensation benefits. While a Workers' Compensation Law Judge initially found an 80% SLU, the Board, crediting Dr. Maloney's opinion, determined a 50% SLU of the right shoulder and added 10% for elbow defects, resulting in a 60% SLU of the right arm based on the New York State Guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding it supported by substantial evidence and consistent with the guidelines for calculating SLU awards for combined upper extremity injuries.

Schedule Loss of Use (SLU)Right Arm InjuryShoulder InjuryElbow InjuryMedical EvaluationTreating PhysicianIndependent Medical Examination (IME)Appellate ReviewWorkers' Compensation BoardPermanent Impairment Guidelines
References
8
Case No. ADJ1505960 (RDG 0127227)
Regular
May 29, 2009

JOSEPH RHOADS vs. WESTERN READY MIX, INC.; and TRAVELERS PROPERTY \& CASUALTY

This case involves a petition for reconsideration filed by defendant Western Ready Mix, Inc., and its insurer, Travelers Property & Casualty, regarding a March 12, 2009 decision. The Workers' Compensation Appeals Board has granted this petition for reconsideration. This action is necessary to allow the Board further time to thoroughly review the factual and legal issues presented. The Board intends to issue a just and reasoned decision after a complete understanding of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsOfficial Address Record
References
0
Case No. ADJ8310177
Regular
Apr 25, 2014

FELIPE HERNANDEZ (DECEASED) vs. SUPERIOR READY MIX CONCRETE, TRISTAR RISK MANAGEMENT

This case involves a Petition for Removal filed by a party in the workers' compensation matter of Felipe Hernandez (deceased) v. Superior Ready Mix Concrete. The petitioner subsequently withdrew the filed petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for removal. No further action will be taken on this withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardSelf-InsuredTristar Risk ManagementDeceased ApplicantADJ8310177San Diego District OfficeOrder Dismissing
References
0
Case No. AD.J9352393, AD.J9352398, AD.J9531390
Regular
Apr 11, 2016

NORMAN WESEMAN vs. CITY OF CATHEDRAL CITY, Permissibly Self-Insured, SUPERIOR READY MIX, Permissibly Self-Insured

This case involves a petition for reconsideration filed by the defendants, City of Cathedral City and Superior Ready Mix. The Workers' Compensation Appeals Board (WCAB) has granted this petition. Reconsideration was granted due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB aims to thoroughly understand the record to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners, not district offices or e-filed.

PETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDCITY OF CATHEDRAL CITYSUPERIOR READY MIXPERMISSIBLY SELF-INSUREDADJUDICATION MANAGEMENT SYSTEMEAMSJUDICIAL ATTORNEY'S FEESCOMPROMISE AND RELEASE AGREEMENTSSTIPULATIONS WITH REQUEST FOR AWARD
References
0
Case No. ADJ9352393, ADJ9352398, ADJ9531390
Regular
Apr 21, 2016

NORMAN WESEMAN vs. CITY OF CATHEDRAL CITY, Permissibly Self-Insured, SUPERIOR READY MIX, Permissibly Self-Insured

This case consolidates three workers' compensation claims for applicant Norman Weseman. The Appeals Board affirmed findings that claims against Superior Ready Mix (ADJ9531390) and the City of Cathedral City (ADJ9352398) for heart/hypertension and firefighter injuries were not barred by the statute of limitations. However, the Board rescinded a finding regarding a specific injury claim against the City of Cathedral City (ADJ9352393) due to insufficient medical evidence on the injury's manifestation date and returned it for further proceedings. The core legal issue concerns when the statute of limitations begins to run for latent industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDNorman WesemanCity of Cathedral CitySuperior Ready MixADJ9352393ADJ9352398ADJ9531390Findings and OrdersReconsiderationStatute of Limitations
References
2
Case No. MISSING
Regular Panel Decision

Transit-mix Concrete Corp. v. Local Union No. 282, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

Transit-Mix Concrete Corporation and Local Union No. 282, parties to collective bargaining agreements, had a dispute regarding seniority rights of former Colonial Sand and Stone Co. Inc. drivers after Transit-Mix acquired Colonial's assets. An arbitrator's 1979 award on employee seniority was later found by the NLRB and Second Circuit to have been improperly communicated by Local 282, leading to a breach of its duty of fair representation. Consequently, Local 282 was ordered to request reopening the arbitration to provide notice and a retroactive grace period for affected employees. Transit-Mix sought to stay this arbitration, arguing against reopening a final award and raising procedural defenses like statute of limitations and laches. The court, emphasizing the broad arbitration clause in their agreements, denied Transit-Mix's petition to stay and granted Local 282's cross-petition to compel arbitration, deferring the merits and procedural questions to the arbitrator.

ArbitrationCollective Bargaining AgreementSeniority DisputeDuty of Fair RepresentationNLRB OrderLabor-Management DisputesArbitration EnforcementJudicial Review of ArbitrationFederal Labor LawUnion Liability
References
20
Case No. ADJ8175471
Regular
Sep 16, 2015

HARRISON GARCIA vs. ROBERTSON'S READY MIX

This order denies Harrison Garcia's Petition for Removal from a Workers' Compensation Appeals Board decision. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The Board found that reconsideration would be an adequate remedy if an adverse final decision occurs. The Board also noted that their prior ruling in *Dubon v. World Restoration* was directly applicable to this case.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyJose Dubon v. World Restorationen banc decisionADJ8175471
References
3
Case No. ADJ8495460
Regular
Sep 19, 2013

ARMANDO IZAGUIRRE vs. ROBERTSON'S READY MIX

Defendant sought reconsideration of an order denying their motion to dismiss, arguing the WCJ erred by not recognizing their new counsel as attorney of record and that the decision lacked substantial evidence. The Appeals Board dismissed the petition for reconsideration because the order denying dismissal was not a final order determining substantive rights or liabilities. The Board cautioned defense counsel about potential sanctions for frivolous tactics and instructed them to familiarize themselves with the Board's rules. The petition for reconsideration was therefore dismissed.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Denying PetitionAttorney of RecordSubstantial EvidenceFinal OrderSubstantive RightLiabilityInterlocutoryProcedural Decisions
References
7
Case No. ADJ7628834
Regular
Apr 28, 2014

DAVID GUINDON vs. ROBERTSON'S READY MIX

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their arguments regarding industrial injury stipulations and utilization review objections to be factually inaccurate and misleading. The WCAB also granted removal on its own motion to announce its intention to sanction the defendant's counsel, Corey A. Ingber and Ingber & Weinberg, LLP, for presenting a petition with substantial misrepresentations and frivolous arguments. The WCAB found the administrative law judge's award of a Sleep Number adjustable bed to be equitable and legally correct, noting the defendant's delaying tactics. Sanctions will be imposed unless counsel shows good cause otherwise.

WCABReconsiderationRemovalSanctionsLabor Code Section 4062Utilization ReviewStipulationMedical NecessityNurse Case ManagerPrimary Treating Physician
References
4
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