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

Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ10550101
Regular
Apr 08, 2019

MONALISA JIMENEZ vs. CCI TEHACHAPI, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration and removal. The WCAB found the petition for removal was improperly filed as reconsideration was an adequate remedy. The petition for reconsideration was dismissed because it was "skeletal," failing to meet the specificity requirements of Labor Code § 5902 and Appeals Board Rules regarding citation to the record and detailed grounds.

WCABPetition for ReconsiderationPetition for Removalskeletal petitionAOE/COEfinal ordersubstantive rightthreshold issueLabor Code § 5902Appeals Board Rule 10842
References
10
Case No. ADJ4414084 (MON 0351669) ADJ725833 (MON 0351670)
Regular
Aug 30, 2018

IRMA ARZOLA vs. SHERWOOD MANAGEMENT, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to set aside a stipulation and for reconsideration. The petition was deemed "skeletal" for failing to adequately detail grounds, cite evidence, or articulate legal principles. Additionally, the petition was dismissed because proof of service on adverse parties was not provided, violating Labor Code and Appeals Board Rules.

Petition to Set AsidePetition for ReconsiderationSkeletal PetitionProof of ServiceAdverse PartiesLabor Code § 5902Labor Code § 5905Cal. Code Regs. § 10842Cal. Code Regs. § 10846Cal. Code Regs. § 10852
References
8
Case No. ADJ3755232
Regular
Jan 11, 2016

ABDUL AKHGAR aka AKHMADMIR ABDULMIR vs. MED-PHARMEX, INC., EVEREST NATIONAL INSURANCE COMPANY, AMERICAN CLAIMS MANAGEMENT

The applicant's Petition for Reconsideration and Removal was dismissed for multiple procedural defects. Specifically, the petition failed to identify the order being challenged, lacked grounds, supporting evidence, and legal citations. Furthermore, the petition was unverified and did not demonstrate irreparable harm or prejudice, rendering it skeletal and insufficient for either reconsideration or removal. The Board also reminded parties of their service and property disclosure duties.

Petition for ReconsiderationPetition for Removalskeletal petitionunverified petitionfinal ordersubstantive rightthreshold issueirreparable harmsubstantial prejudiceinterlocutory decision
References
18
Case No. ADJ9211017
Regular
Mar 28, 2017

JOSE MENDOZA vs. KINGSLEY COMPANIES; SAMSUNG FIRE AND MARINE c/o BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration regarding the denial of a credit for benefits paid. The WCAB found that the administrative law judge's decision not to grant the credit was within their discretion and not an abuse of discretion, considering the lack of wrongdoing by the applicant. The applicant's petition for reconsideration was dismissed as skeletal and unsupported by specific references to the record and legal principles, as required by statute and board rules. Therefore, the WCAB upheld the original denial of the credit and dismissed the applicant's petition.

WCABPetition for ReconsiderationDenying PetitionDismissing PetitionLabor Code section 4909CreditDiscretionary AuthorityEquitable PrinciplesSkeletal PetitionAppeals Board Rules
References
10
Case No. ADJ3393289 (LAO0594595)
Regular
Nov 05, 2010

BERNARD WILLIAM PONZI vs. LOS ANGELES MISSIONARY SOCIETY, FREMONT COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's request to file a supplemental petition for reconsideration but dismissed the original petition. The original petition was untimely, unverified, and skeletal, failing to meet procedural requirements for seeking reconsideration of prior orders. As no final order has issued since September 8, 1997, the applicant was not deemed aggrieved by a final decision. The WCAB recommended the applicant contact the Information and Assistance Officer for case status inquiries.

Workers' Compensation Appeals BoardFindings and AwardLien OrderPetition for ReconsiderationSupplemental PetitionUntimely PetitionUnverified PetitionSkeletal PetitionAggrieved PartyLabor Code Section 5900
References
0
Case No. ADJ10909880
Regular
Mar 04, 2019

JASON GARNER (DECEASED) vs. COUNTY OF STANISLAUS SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) denied the petitioner's request for reconsideration and dismissed their petition for removal. The WCAB found the petition for reconsideration to be skeletal, failing to specifically detail the grounds for relief or cite relevant evidence and legal principles. Furthermore, removal was dismissed as it is an extraordinary remedy not warranted by the petitioner's unsubstantiated claims. The WCAB adopted the reasoning of the workers' compensation administrative law judge in their decision.

Petition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals BoardInjury Arising Out of and Occurring in the Course of EmploymentAOE/COEFinal OrderThreshold IssueSkeletal PetitionLabor Code § 5902Appeals Board Rules
References
12
Case No. ADJ7939627 ADJ8628783
Regular
Dec 15, 2015

JOSE MANUEL MORA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it sought to challenge an interlocutory procedural order, not a final decision. Furthermore, the petition was deemed skeletal, lacking specific references to evidence or legal principles. The Board also denied the applicant's request for removal, finding no showing of prejudice or irreparable harm, as the Judge had already indicated intent to address the applicant's concerns about extraneous medical records. The Board encouraged the Judge to issue the anticipated order and schedule a conference to resolve pending issues.

Petition for ReconsiderationPetition for RemovalWCABAdministrative Law JudgeMinutes of HearingFinal OrderInterlocutory DecisionSkeletal PetitionSubstantive RightsThreshold Issue
References
6
Case No. ADJ4609608 (SDO 0128566) ADJ359238 (SDO 0177353) ADJ2367088 (SDO 0203407) ADJ501165 (SDO 0230909) ADJ4697798 (SDO 0230913) ADJ4262068 (SDO 0230915) ADJ8302988
Regular
Oct 23, 2018

Matthew Lawrie vs. Lawrie and Company, Inc., Lawrie Racing, State Compensation Insurance Fund

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration. The petition was dismissed because it did not seek reconsideration of a final order or award, which is a prerequisite for such a petition. Furthermore, the petition was found to be "skeletal," lacking specific details, evidence, or legal citations required by statute and regulation. As a result, the Board found the petition procedurally defective.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderWCJ ReportDismissalSubstantive RightThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary Decision
References
4
Case No. ADJ705744 (AHM 0148879)
Regular
Feb 05, 2013

PATRICK MURRAY vs. BALTAZAR PEREZ, DBA PERFORMANCE AIR AND MECHANICAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, CALIFORNIA COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Patrick Murray's petition for reconsideration, upholding the findings of the Workers' Compensation Judge (WCJ). The WCJ's report, which was adopted by the Board, determined that Murray was not an employee of California Auto Collision on the date of his injury. The Uninsured Employers Benefits Trust Fund's (UEBTF) petition for reconsideration was dismissed as skeletal and would have been denied on its merits as well. The Board found that the evidence supported the conclusion that Murray was an employee of Baltazar Perez, DBA Performance Air and Mechanical, and not California Auto Collision.

Workers' Compensation Appeals BoardPetition for ReconsiderationUninsured Employers Benefits Trust FundSkeletal PetitionWCAB Rule 10846Employee StatusIndependent ContractorControl TestSecondary IndiciaBorello Factors
References
1
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