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

Case No. ADJ3157275
Regular
Jan 10, 2014

RODOLFO PONCE vs. PACIFIC MOLDED TECHNOLOGY, UNITED STATES FIRE INSURANCE COMPANY, CRUM & FORSTER

The Workers' Compensation Appeals Board (WCAB) has denied Rodolfo Ponce's Petition for Removal. The Board reviewed the petition and the administrative law judge's report, adopting the judge's reasoning for denial. This decision means the case will proceed as determined by the administrative law judge.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDeniedRodolfo PoncePacific Molded TechnologyUnited States Fire Insurance CompanyCrum & ForsterADJ3157275LAO 0871136
References
0
Case No. ADJ10015666, ADJ12280547
Regular
Oct 31, 2025

YGNACIO PONCE vs. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, EARTHBOUND FARMS

Applicant Ygnacio Ponce sought reconsideration of Findings and Orders issued on July 19, 2021, which found that he did not sustain injury to several body parts and was not entitled to additional QME panels for internal medicine and psychology. Ponce specifically contended the workers' compensation administrative law judge (WCJ) erred in denying a QME to determine if he sustained a psyche injury. The Workers' Compensation Appeals Board affirmed the F&O, concluding there was no substantial evidence to support causation for the alleged psyche injury and that the applicant failed to demonstrate due diligence in seeking a QME panel within the mandated discovery period.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersMaterial HandlerRight Shoulder InjuryPermanent StationaryNew and Further DisabilityQualified Medical Evaluator (QME)Petition to ReopenPsyche Injury
References
2
Case No. ADJ3157275
Regular
Mar 18, 2013

RODOLFO PONCE vs. PACIFIC MOLDED TECHNOLOGY, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that disallowed a lien claim by Frontline Medical Associates. Frontline had previously settled its lien in 2008 for a specific amount, which was approved by the Board. Despite this settlement, Frontline attempted to file a new, significantly larger lien for services predating the settlement. The Board found that the 2008 settlement was a full and final resolution of the lien, and Frontline could not revive its claim through an amended or new lien. The case was returned to the trial level for the judge to decide on the defendants' petition for costs and sanctions.

Lien Stipulation and OrderPetition for ReconsiderationFrontline Medical AssociatesFull Payment and SatisfactionAmended LienOriginal LienHearing RepresentativeContract LawWCAB ApprovalThreshold Issues
References
0
Case No. ADJ7851259
Regular
Aug 19, 2014

RODOLFO FIGUEROA NAVARRO vs. NORTH BAY LANDSCAPE MANAGEMENT, INC.

This case involves a petition for reconsideration by applicant Rodolfo Figueroa Navarro regarding injuries sustained in 2010 and 2011. The petition argues that the Workers' Compensation Judge (WCJ) improperly admitted reports from Dr. Shah, alleging the doctor asked inappropriate questions about the applicant's residency status. The Appeals Board adopted the WCJ's report, which found Dr. Shah's questions permissible as part of a personal history inquiry for medical evaluation. The Board denied reconsideration, affirming the admissibility of the medical reports and the WCJ's findings regarding the applicant's injuries and permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJQualified Medical EvaluatorDr. ShahDr. KaplanLabor Code 1171.5Government Code 11135residency statuspersonal history inquiry
References
1
Case No. ADJ9781533
Regular
Aug 02, 2017

Rodolfo Boate vs. Truegreen Landcare, Zurich American Insurance Company

This case involves Rodolfo Boate's workers' compensation claim against Truegreen Landcare and Zurich American Insurance Company for injuries sustained during an altercation with a coworker. The defendant argued the claim was barred because Boate was the initial aggressor, citing his physical advance towards the coworker. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (WCJ) finding that Boate's actions were in reasonable fear of bodily harm due to the coworker's prior severe threats and aggressive behavior. The WCAB adopted the WCJ's credibility determinations, finding no substantial evidence to reject them. Therefore, Boate's injury was deemed industrial.

Workers' Compensation Appeals BoardRODOLFO BOATETRUGREEN LANDCAREZURICH AMERICAN INSURANCE COMPANYADJ9781533Petition for ReconsiderationDeniedWCJCredibility determinationsGarza v. Workmen's Comp. Appeals Bd.
References
1
Case No. ADJ4266581 (RIV 0043684) ADJ459635 (AHM 0136605)
Regular
Aug 16, 2017

RODOLFO BARBA vs. UNIVERSAL FOREST PRODUCTS, LIBERTY MUTUAL INSURANCE COMPANY, SENTRY INSURANCE COMPANY

This case involves an applicant, Rodolfo Barba, filing a petition for reconsideration. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely. The WCAB clarified that a petition must be *received* by the board within 25 days of service (plus any applicable extensions), not just mailed. Since the petition was filed more than 25 days after the arbitrator's decision, the WCAB lacked jurisdiction to consider it.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyDismissalLabor CodeCalifornia Code of RegulationsJurisdictionalAdministrative ArbitratorService of DecisionMailing
References
3
Case No. ADJ4213823 (AHM 01440-4)
Regular
Jun 02, 2010

RODOLFO PLASCENCIA (Deceased), TERESA PLASCENCIA (Widow) vs. LOS ANGELES DODGERS, ACE USA, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board reversed a prior award, ruling that applicant Rodolfo Plascencia's neck injury sustained from a fall was not compensable. The Board found that the applicant's blood alcohol level of .187% was a material and substantial cause of his fall, thus barring compensation under Labor Code section 3600(a)(4). The majority credited expert testimony indicating the intoxication impaired judgment and physical ability, making it the probable cause of the fall in the absence of other evidence. A dissenting opinion argued the defendant failed to meet its burden of proof and that reasonable doubt should favor the employee, citing lack of evidence for intoxication being the sole cause and the possibility of other fall factors.

Labor Code section 3600(a)(4)intoxication defensematerial and substantial factorblood alcohol level.187%addiction substance abuse expertwaiver of objectioncommon knowledgeslip and fallreasonable inferences
References
25
Case No. MISSING
Regular Panel Decision
May 18, 1994

Ponce v. St. John's Cemetery

This case concerns an appeal regarding a plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240. The plaintiff, an electrical apprentice, was injured after falling from a swaying ladder while working at St. John's Cemetery, an owner defendant. The Supreme Court, Bronx County, initially denied the plaintiff's motion, citing a lack of pretrial discovery, a decision that was affirmed by the appellate court. A dissenting opinion argued for the reversal of the denial and the granting of summary judgment, emphasizing that Labor Law § 240 imposes absolute vicarious liability on property owners for scaffold-related injuries, irrespective of owner supervision or who erected the equipment. The dissent highlighted that the defendant failed to present sufficient evidence to create a triable issue of fact against the plaintiff's claim.

Labor Law § 240Summary JudgmentLiabilityScaffolding AccidentConstruction AccidentElectrical WorkOwner LiabilityContractor LiabilityProximate CauseAppellate Review
References
23
Case No. ADJ10425439, ADJ10362487
Regular
Sep 14, 2017

KIM PONCE vs. APPLE AMERICAN GROUP; ESIS

This case involves a petition for removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ). The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's decision. The board reiterated that allegations of bias must be specific and supported by facts, not mere conclusions. Expressions of opinion by a WCJ based on evidence and legal interpretation do not constitute disqualifying bias, nor do unfavorable rulings.

Petition for Removal and DisqualificationWCJ disqualificationaffidavit of prejudicejudicial biaslegal issue opinionfactual issue opinionevidence presentationcase law applicationjudicial temperamenterroneous rulings
References
6
Case No. ADJ8577504
Regular
Jun 23, 2015

JESUS PONCE vs. LAFAYETTE TEXTILES, CYPRESS INSURANCE COMPANY

This case concerns a lien claimant, Western Imaging Services, seeking reimbursement for photocopying expenses. The Appeals Board clarified that Western did not need to prove applicant sustained an industrial injury to recover its lien. However, Western must demonstrate that a contested claim existed when the expenses were incurred, that they were for proving or disproving that claim, and that they were reasonable and necessary. The Board rescinded the WCJ's decision and remanded the case to determine which specific expenses meet these criteria.

Workers' Compensation Appeals BoardLien ClaimantMedical-Legal ExpenseContested ClaimBurden of ProofIndustrial InjuryReconsiderationReasonable and Necessary ExpensesSubpoenaed RecordsPhotocopied Records
References
6
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