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

Case No. ADJ8089436
Regular

Ruben Magana vs. Jason Hall, Joel Hall, Green Tree Nursery, Seabright Insurance Company

The Workers' Compensation Appeals Board (WCAB) has dismissed Ruben Magana's petition for removal. This dismissal is based on the advice that a settlement is pending in the case. Consequently, no further action will be taken on the petition. The file will be returned to the district office for the submission of the settlement to the Workers' Compensation Administrative Law Judge.

Petition for RemovalSettlement PendingDismissedWorkers' Compensation Appeals BoardWCJStockten District OfficeSeabright Insurance CompanyGreen Tree NurseryJoel HallJason Hall
References
Case No. ADJ8326556
Regular
Jun 20, 2018

MAURICIO MAGANA vs. SOUTHLAND TRANSIT, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted applicant Mauricio Magana's petition for reconsideration of a prior decision. This action was taken due to statutory time constraints and the Board's initial review indicating a need for further study of the factual and legal issues. Reconsideration is granted to ensure a complete understanding of the record and to allow for further proceedings. All future correspondence related to the petition must be filed directly with the Appeals Board Commissioners, not district offices or e-filed.

MAURICIO MAGANASOUTHLAND TRANSITTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAADJ8326556Pomona District OfficePetition for ReconsiderationWorkers' Compensation Appeals BoardApril 92018statutory time constraints
References
Case No. ADJ10841321
Regular
Jul 15, 2025

RUBEN VEGA vs. HEAVILAND ENTERPRISES, ZURICH NORTH AMERICA

Ruben Vega sought reconsideration of a WCJ's findings that awarded him 25% permanent disability after apportionment. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and found that the qualified medical evaluator's apportionment opinions lacked substantial medical evidence due to inadequate reasoning and inconsistencies. As a result, the WCAB rescinded the original findings and awarded Ruben Vega 57% permanent disability without apportionment.

ApportionmentQualified Medical EvaluatorPermanent DisabilitySubstantial Medical EvidenceLabor Code 4663Labor Code 4664EscobedoNunes ICausation of DisabilityDRE Chart
References
Case No. ADJ19747880
Regular
Oct 27, 2025

OLGA MAGANA vs. PARTNERS PERSONNEL MANAGEMENT SERVICES, LIBERTY MUTUAL INSURANCE COMPANY

Applicant Olga Magana filed a Petition for Reconsideration challenging a Findings and Order from August 4, 2025, which determined her average weekly wage to be $445.03 using Labor Code section 4453(c)(4). She argued that section 4453(c)(1) should apply, yielding $640.00 weekly. The Appeals Board denied the petition, affirming the WCJ's decision that due to the temporary nature of Magana's employment and her inconsistent work history, section 4453(c)(4) more fairly represented her earning capacity, considering all surrounding circumstances rather than just her hours at the time of injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAverage Weekly WageLabor Code Section 4453GoytiaTemporary Agency EmploymentEarning CapacityWCJ Credibility DeterminationSan Francisco
References
Case No. GRO 34128, GRO 34540
Regular
Jun 12, 2008

RUBEN RODRIGUEZ vs. FLOYD MIZE DRYWALL, LWP CLAIMS ADMINISTRATORS CORP.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original Findings and Award due to a conflicted medical opinion regarding apportionment. The Board found the medical expert's initial apportionment was unreliable due to his admission of not reviewing his own report, and ordered the case returned for further medical evidence development on the issue of apportionment between the specific injury, cumulative trauma, and pre-existing conditions. This includes obtaining a new medical-legal evaluation to determine the extent of permanent disability and its allocation.

Workers' Compensation Appeals BoardRuben RodriguezFloyd Mize DrywallLWP Claims Administrators Corp.Findings and Awardpermanent disabilityapportionmentpre-existing conditioncumulative traumaspecific injury
References
Case No. ADJ2806916 (SDO 0271727)
Regular
Oct 30, 2013

SOVEIDA MAGANA vs. CENTER FOR EMPLOYMENT TRAINING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY

This case consolidates numerous claims involving unresolved lien claims for ambulatory surgical center facility fees. The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's decision establishing reasonable facility fees by averaging the January 1, 2004, Official Medical Fee Schedule for ASCs with the average amount paid to San Diego hospitals under an older inpatient fee schedule. The Board found this methodology appropriately considered extensive evidence and relevant factors for determining reasonable fees. Defendants' arguments that only the January 1, 2004, OMFS should apply or that SB 863's independent bill review process was mandatory were rejected.

Workers' Compensation Appeals BoardSoveida MaganaCenter for Employment TrainingCalifornia Insurance Guarantee AssociationReliance Insurance CompanyLien ClaimantsPoint Loma Surgical CenterElite Surgical CentersAmbulatory Surgical CenterFacility Fees
References
Case No. ADJ16382526; ADJ15808844
Regular
Aug 11, 2025

RUBEN FLORES vs. AA HOLDINGS, EMPLOYERS ASSURANCE COMPANY

Applicant Ruben Flores sought reconsideration of a Findings and Order (F&O) from May 5, 2025, where the WCJ found no industrial injury to the psyche, concluding a good faith personnel action. Flores, acting in pro per, contended wrongful termination under Labor Code section 132a and alleged fraudulent statements by the defendant. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, an answer from the defendant, and the WCJ's report recommending denial. The WCAB ultimately granted the petition for reconsideration, deferring a final decision after reconsideration for further review of the merits and the entire record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryPsycheLabor Code section 132aWrongful TerminationFraudulent StatementReport and RecommendationElectronic Adjudication Management System
References
Case No. ADJ3979815
Regular
Apr 14, 2016

RUBEN ALMENDAREZ vs. DREYER'S GRAND ICE CREAM HOLDINGS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Ruben Almendarez's petition for reconsideration. The petition was dismissed because it was untimely filed, exceeding the 25-day statutory deadline for reconsideration following the WCJ's January 22, 2016 decision. The WCAB emphasized that a petition must be *received* by the Board within the timeframe, not just mailed. As the deadline is jurisdictional, the Board lacked authority to consider the petition's merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitProof of MailingWCJ DecisionMaranian v. Workers' Comp. Appeals Bd.Service by MailExtension of TimeDismissal Order
References
Case No. ADJ800751 (VNO 0554673)
Regular
May 24, 2012

RUBEN KESHISHIAN vs. PROGRESS RAIL SERVICE/VIC'S TRUCKING, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Ruben Keshishian was employed as a truck driver by Progress Rail Service on August 30, 2007. This finding was supported by the WCJ's analysis under the *Borello* factors, which the Board adopted. The decision was further supported by cited cases from the California Supreme Court and appellate courts. Therefore, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedEmployment StatusTruck DriverS.G. Borello & SonsLiberty Mutual InsuranceProgress Rail ServiceVic's TruckingWCJ OpinionAdministrative Law Judge
References
Case No. ADJ9232746
Regular
Jul 22, 2016

RUBEN SANCHEZ vs. BENCHMARK PEST CONTROL, UNINSURED EMPLOYERS BENEFITS TRUST FUNDS

This Workers' Compensation Appeals Board (WCAB) order dismisses a petition for reconsideration filed by Joann Ozanich in the case of Ruben Sanchez v. Benchmark Pest Control. The primary reason for dismissal is that the petition was untimely, filed significantly beyond the 25-day statutory deadline after the WCJ's November 10, 2014 decision. Additionally, the petition was found to be "skeletal" as it failed to clearly articulate the specific errors made by the WCJ. The WCAB emphasizes that the time limit for filing such petitions is jurisdictional and cannot be extended.

Petition for ReconsiderationUntimely FilingLabor CodeCalifornia Code of RegulationsJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionProof of MailingSkeletal PetitionDismissal
References
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