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

Case No. SAC 0056952
Regular
Mar 07, 2008

EDWIN D. REES vs. CHEVRON U.S.A., INC.

This Workers' Compensation Appeals Board case involves a petition for reconsideration filed by the defendant, Chevron U.S.A., Inc. The Board has granted this petition, not based on a final determination, but to allow further study of the factual and legal issues presented. This grants Chevron the opportunity for a more thorough review and potentially further proceedings to ensure a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesReconsideration UnitSelf-Insured DefendantEdwin D. ReesChevron U.S.A.
References
Case No. ADJ1784264 (MON 0302991) ADJ2898466 (MON 0449769)
Regular
Oct 02, 2013

GIRGIS FAM vs. U.C.L.A. MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board adopted the report of the workers' compensation administrative law judge, finding no grounds for removal. Therefore, the petition was denied, and the decision stands.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDeny RemovalPermissibly Self-InsuredSedgwick Claims ManagementU.C.L.A. Medical CenterAdministrative Law JudgeADJ1784264ADJ2898466
References
Case No. ADJ9076626
Regular
Jul 17, 2015

CIPRIANO NIETO ROJAS vs. METALS, U.S.A., INC.; ACE U.S.A., Administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a prior decision. This was done to allow the Board further opportunity to study the factual and legal issues presented. All future filings related to the petition for reconsideration must be submitted directly to the WCAB's Office of the Commissioners, not district offices or e-filed. This order ensures a thorough review for a just decision, and prohibits WCJs from acting on settlements while reconsideration is pending.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ9076626Metals U.S.A. Inc.Ace U.S.A.Gallagher Bassett Services Inc.Opinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
Case No. ADJ7688511
Regular
Jul 18, 2012

VIRGINIA MARTINEZ vs. SUPERIOR COURT OF ORANGE, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of an order disallowing lien claimant's attorney fees. The Board found the lien claimant's fee claim excessive and unsubstantiated, particularly as the applicant negotiated a settlement herself after dismissing the lien claimant. Furthermore, any alleged fee agreement was invalid due to untimely submission and non-compliance with statutory requirements for WCAB approval. The Board adopted the WCJ's report and reasoning in its entirety.

Workers' Compensation Appeals BoardVirginia MartinezSuperior Court of OrangeCorvelADJ7688511Order Denying Reconsiderationlien claimantattorney's feescompromise and release agreementmedical reports
References
Case No. ADJ3359067 (SJO 0265205)
Regular
May 13, 2016

JOE LACORTE vs. U-SAVE ROCKERY, FARMERS INSURANCE, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in this case. This decision was made in response to a petition filed by the defendant, U-Save Rockery and Farmers Insurance. The WCAB needs further time to thoroughly review the factual and legal issues presented to ensure a just and reasoned decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners in San Francisco and not to any district office or via e-filing.

LacorteU-Save RockeryFarmers InsuranceSubsequent Injuries Benefits Trust FundPetition for ReconsiderationWorkers' Compensation Appeals BoardOpinion and OrderStatutory Time ConstraintsFactual IssuesLegal Issues
References
Case No. SAC 0284418
Regular
Apr 04, 2008

AARON CARTER vs. POLYMER TECHNOLOGIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that the California Insurance Guarantee Association (CIGA) is contractually obligated to pay U.C. Davis Medical Center's bill based on a prior compromise and release agreement. The Board rescinded the prior decision, ruling that CIGA's agreement to "hold harmless" the applicant from the UCD bill constituted a promise to pay it. The case was returned to the trial level for further proceedings to consider any defenses CIGA may have against the UCD bill.

Workers' Compensation Appeals BoardCIGAPolymer TechnologiesSuperior National Insurance CompanyU.C. Davis Medical CenterU.C. Davis Professional Medical Grouplien claimantscompromise and releasehold harmlesscollateral estoppel
References
Case No. ADJ8657415
Regular
Oct 06, 2017

Oliver Boutte IV (Deceased) vs. U.S. XPRESS ENTERPRISES, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by U.S. Xpress Enterprises and Liberty Mutual Insurance Company. The defendants argued that the medical report relied upon by the Workers' Compensation Judge (WCJ) was not substantial evidence, specifically regarding the timing of the employee's death from a pulmonary embolus. The Board denied the petition, adopting the WCJ's report which found the physician's opinion to be substantial medical evidence based on adequate examination and reasoning. The Board concluded the WCJ properly found this opinion more persuasive than the opposing medical opinion.

Oliver Boutte IVU.S. Xpress EnterprisesLiberty Mutual Insurance CompanyADJ8657415Petition for ReconsiderationWorkers' Compensation Appeals Boardsubstantial evidencemedical opinionpulmonary embolusreasonable medical probability
References
Case No. ADJ1482040 (SFO 508301)
Regular
Jan 05, 2009

GEORGINA HENSON vs. TRA PAC, U.S. FIDELITY AND GUARANTEE INSURANCE COMPANY

The Appeals Board denied applicant's petition and granted defendant's petition to dismiss Signal Mutual Insurance Company and identify U.S. Fidelity and Guaranty Insurance Company as the insurer.

Workers' Compensation Appeals BoardIndustrial InjuryLongshoremanTemporary Total DisabilityTimely DenialPresumption of Industrial InjuryReconsiderationPetition for ReconsiderationU.S. Fidelity and Guaranty Insurance CompanySignal Mutual Insurance Company
References
Case No. ADJ4322241 VNO 0544261
Regular
Sep 17, 2012

ANTHONY GUZMAN vs. ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PA administered by CNA CLAIMS PLUS; CAST & CREW, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board has issued an order dismissing the Applicant's Petition for Reconsideration. This dismissal is due to the petitioner having withdrawn the petition prior to its adjudication. The original decision being reconsidered was issued on July 2, 2012. The order for dismissal was filed and served on September 17, 2012.

Petition for ReconsiderationDismissalWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantDecisionVNO District OfficeMarguenie SweeneyRonnie G. Caplane
References
Case No. ADJ7949362
Regular
Dec 14, 2015

DANIEL CONTRERAS vs. GHILOTTI BROTHERS INCORPORATED, ZURICH

This case involves a petition for reconsideration filed by a petitioner that was subsequently withdrawn. The Workers' Compensation Appeals Board has issued an order dismissing the petition due to its withdrawal. Therefore, the appeal proceeding is terminated as per the petitioner's request.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWithdrawnGhilotti Brothers IncorporatedZurichDaniel ContrerasADJ7949362San Francisco District OfficeMarguerite Sweeney
References
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