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

Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)
Regular
Dec 05, 2008

What Happened in Felix vs. Weber Metals Reconsideration?

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue
References
7
Case No. ADJ1617135 (VNO 0419995)
Regular
Sep 26, 2016

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case concerns a workers' compensation claim for Johnny Williams, who sustained an industrial injury in 2000. The defendant, State Compensation Insurance Fund (SCIF), sought reconsideration of a decision that limited their liability for chiropractic visits. SCIF argued that a 24-visit cap should apply, but the Workers' Compensation Appeals Board denied their petition. The Board found that the 24-visit cap applies only to injuries occurring on or after January 1, 2004, and Williams' injury predates this. Furthermore, the Board found that the chiropractic treatment provided was reasonable and necessary, supported by evidence and medical guidelines.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerChiropractic visitsMedical treatment utilization scheduleDate of injuryPermanent disabilityLien claimsReasonable and necessary treatmentACOEM Practice Guidelines
References
1
Case No. ADJ7671718
Regular
Nov 28, 2011

What Did the WCAB Decide in Cuadra vs. Community Home Care?

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by the County of San Bernardino Fire Department (CDF) and its insurer. The Board found that the order joining CDF and State Compensation Insurance Fund (SCIF) as defendants was not a "final" order, and thus not subject to reconsideration. Furthermore, the Board denied the petition for removal, as CDF and SCIF failed to demonstrate substantial prejudice or irreparable harm. They also did not show that reconsideration would be an inadequate remedy if an adverse decision were ultimately issued.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityJoining Party DefendantExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
8
Case No. ADJ3821535
Regular
Jun 07, 2010

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case involves a petition for reconsideration filed by the defendant against a March 18, 2010 decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB deems reconsideration necessary to further study the factual and legal issues to ensure a just and reasoned decision. Pending a Decision After Reconsideration, all future communications must be directed to the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersService by MailSCIF/HR Department
References
0
Case No. ADJ2736713 (VNO 0375817)
Regular
Nov 12, 2009

Can a WCJ Be Disqualified for Appearance of Bias?

The WCAB reversed the WCJ's order of restitution, finding that the WCJ lacked statutory authority to award reimbursement and that the equities did not favor SCIF's claim for reimbursement due to transactional stability.

Nations Surgery CenterSCIFrestitutionoverpaymenttransactional stabilityequitable reliefLabor Code section 4625lien claimantmedical treatment chargesunjust enrichment
References
2
Case No. ADJ2974187 (STK 0205851)
Regular
Dec 19, 2008

What Were the Key Rulings in Torrez vs. SuperShuttle?

The Workers' Compensation Appeals Board granted SCIF's petition for reconsideration, rescinding a prior finding that SCIF failed to comply with a Compromise and Release agreement. The Board found that SCIF was denied due process and returned the matter to the trial level for further proceedings. This will allow for the trial judge to address SCIF's failure to comply with the court's order and potentially impose sanctions after hearing SCIF's position and evidence.

Petition for ReconsiderationOrder Approving Compromise and ReleaseDeclaration of ReadinessLien ClaimsFinding and OrderLegal InterestDue ProcessLabor Code section 5313Report and RecommendationRescind
References
0
Case No. ADJ555789 (ANA 0345567), ADJ4086275 (SAC 0272984)
Regular
Jan 19, 2018

Why Was Removal Denied in Rush vs. California Correctional Institution?

The Workers' Compensation Appeals Board denied the State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF sought to overturn a prior decision that reduced sanctions against Dr. Silver and Mr. Escamilla and denied SCIF attorney's fees. SCIF argued its own actions were trivial compared to the opposing party's conduct. However, the Board found, as in its previous decision, that SCIF contributed to the case's confusion and unnecessary delay, thus denying its petition.

WCABReconsiderationSanctionsAttorney's FeesLien ClaimantState Compensation Insurance FundDavid Silver M.D.Dan EscamillaLSBMisrepresentations
References
0
Case No. ADJ1884270 (SAL 0097031)
Regular
Mar 02, 2009

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

The Workers' Compensation Appeals Board dismissed SCIF's Petition for Reconsideration because the underlying order denying SCIF's dismissal was procedural, not a final decision on substantive rights. Treating the petition as a request for removal, the Board denied it, finding SCIF failed to demonstrate significant prejudice or irreparable harm justifying such an extraordinary remedy. The Board agreed with the WCJ that SCIF was properly joined as a party defendant consistent with regulations. Therefore, SCIF's attempts to have itself dismissed were unsuccessful.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJLabor Code section 5500.5JoinderContributionInterlocutory OrderFinal OrderSubstantive Rights
References
6
Case No. ADJ3391443
Regular
Jul 15, 2010

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The Appeals Board dismissed SCIF's petition for reconsideration of an approved Compromise and Release (C&R) settlement. SCIF argued the C&R incorrectly stated attorney's fees were $2,050 instead of $2,250 and that SCIF should hold the fees in trust. The Board found SCIF was not aggrieved by the fee amount, as it was a stakeholder with no interest in the $200 difference. Furthermore, the Board determined SCIF was not aggrieved by the lack of a trust order, as the representing attorney could manage the disbursement themselves.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney's FeesState Compensation Insurance FundAdministrative Law JudgeAggrieved PartyDue ProcessLabor Code § 5909WCAB Policy and Procedure Manual
References
1
Case No. ADJ4549941 (OXN 0133428) ADJ1729960 (OXN 0133245)
Regular
Jan 13, 2011

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This case concerns Maria Cortez's workers' compensation claims against El Taco de Mexico and its insurer, SCIF. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the petition for reconsideration has been officially denied.

Workers' Compensation Appeals BoardMaria CortezEl Taco de MexicoSCIF Insured OxnardOrder Denying ReconsiderationPetition for ReconsiderationWorkers' compensation administrative law judgeWCJ reportAdopt and incorporateDeidra E. Lowe
References
0
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