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

Case No. ADJ4716833 (VNO 0556240)
Regular
Oct 20, 2011

JASON DRION vs. T & G ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jason Drion's petition for reconsideration. The dismissal was primarily based on the petition being untimely. Even if considered on its merits, the WCAB would have denied reconsideration according to the administrative law judge's report. Therefore, the petition was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportDismissedUntimelyMeritsAdministrative Law JudgeJason DrionT&G RoofingState Compensation Insurance Fund
References
Case No. ADJ2110232 (LBO 0329857) ADJ1970762 (LBO 0335112)
Regular
Jul 06, 2009

CATHY DURBIN (CATHY AHMATOVIC) vs. LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the Administrative Law Judge's (WCJ) prior decision. The Board rescinded the WCJ's decision and returned the case for further proceedings and a new decision. This order does not constitute a final determination on the merits of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeGrant ReconsiderationRescind DecisionFurther ProceedingsTrial LevelCathy DurbinLiberty Mutual Insurance CompanyADJ2110232
References
Case No. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
Case No. ADJ6991535
Regular
Dec 24, 2013

SILVER HERNANDEZ vs. QUALITY CAR CONNECTION, INC., PRESERVER INSURANCE COMPANY, administered by TOWER GROUP COMPANIES (formerly SPECIALTY UNDERWRITERS ALLIANCE/SUA)

This is a final order from the Workers' Compensation Appeals Board (WCAB) denying a petition for reconsideration. The WCAB adopted the findings of the administrative law judge, finding no basis to overturn the original decision. The specific details of the original decision are not provided in this excerpt, but the petition for reconsideration by the applicant, Silver Hernandez, was unsuccessful. Therefore, the defendants, Quality Car Connection, Inc. and its insurer, remain the prevailing parties regarding the WCAB's denial of the petition.

Petition for ReconsiderationAdministrative Law Judge ReportDeny ReconsiderationWorkers' Compensation Appeals BoardQuality Car ConnectionPreserver Insurance CompanyTower Group CompaniesSpecialty Underwriters Alliance/SUAADJ6991535Los Angeles District Office
References
Case No. ADJ3851666 (AHM 0142294) ADJ6984864
Regular
Sep 03, 2010

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This case involves a Petition for Removal filed by Edward Newman against Southern California Edison. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the accompanying report from the administrative law judge. Finding no grounds to disturb the WCJ's findings, the WCAB has issued an order denying removal. Therefore, the petition to remove the case from its current procedural stage has been rejected.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdenying removalSouthern California EdisonPermissibly Self-InsuredADJ3851666ADJ6984864administrative law judgeRonnie G. Caplane
References
Case No. GOL 0097477 GOL 0097480 GOL 0097481
Regular
Dec 21, 2007

MARY PRILEPINE vs. MEDTRONIC PS MEDICAL, INC., ESIS/EMPLOYERS SELF-INSURANCE SERVICE

In this workers' compensation case, the defendant, Medtronic PS Medical, Inc., sought reconsideration of a prior decision. The Workers' Compensation Appeals Board has granted this petition to allow for a more thorough review of the factual and legal issues. The Board will conduct further proceedings before issuing a final decision after reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationMedtronic PS MedicalESIS Employers Self-Insurance ServiceMary PrilepineStatutory time constraintsFactual and legal issuesDecision After ReconsiderationReconsideration Unit
References
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ8887982
Regular
Aug 29, 2014

ALVARO VIRGEN vs. COSTA VIEW FARM 2, ZENITH INSURANCE COMPANY

This case involves sanctions imposed on attorney Kyle K. Neilsen under Labor Code § 5813. Neilsen's apology for contemptuous remarks about a Workers' Compensation Judge was deemed insufficient as he continued to justify his behavior. The Board found his attempt to excuse his actions indicated a lack of appreciation for the severity of his offense. Consequently, Neilsen was ordered to pay $950.00 in sanctions to the General Fund.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813WCJ EllisContemptuous statementsJustificationFrustrationPleadingTravelOrange County
References
Case No. ADJ7176285
Regular
May 23, 2011

FRANCISCO CASAS LEYVA vs. WAR MART #2242, AVIZENT FRANK GATES SERVICES

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision regarding Francisco Casas Leyva's claim against War Mart \#2242 and Avizent Frank Gates Services. The WCAB adopted the reasoning of the workers' compensation administrative law judge (WCALJ) in its decision. The Board also gave great weight to the WCALJ's credibility findings. Therefore, the petition for reconsideration was formally denied.

Workers' Compensation Appeals BoardFrancisco Casas LeyvaWar MartAvizent Frank Gates ServicesOrder Denying ReconsiderationPetition for Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workmen's Comp. Appeals Bd.credibility finding
References
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