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

Case No. ADJ9379744, ADJ9372793
Regular
Jun 26, 2018

SALVADOR CUEVAS vs. DEL MONTE MEAT COMPANY, INC., COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

This case involves competing claims of a specific low back and psyche injury on January 14, 2011, and a cumulative right shoulder injury from April 2012 to April 2013. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address defendant's argument that medical reports lacked substantial evidence regarding apportionment of disability. The WCAB rescinded the previous award, finding the Qualified Medical Examiner's (QME) reports inconsistent and lacking clear apportionment. The matter is returned to the WCJ to develop the record and clarify whether the applicant sustained one or two psychiatric injuries and, if two, for proper apportionment.

Workers' Compensation Appeals BoardSalvador CuevasDel Monte Meat CompanyCompanion Property and Casualty Insurance CompanyAthens AdministratorsJoint Findings and AwardReconsiderationSpecific InjuryCumulative InjuryLow Back Injury
References
Case No. FRE 0220936
Regular
Apr 20, 2007

MARTIN PORRAS vs. H & F FARMS, IGNACIO & DELFINA CUEVAS, CALIFORNIA INDEMNITY INSURANCE CO., GAB ROBINS NORTH AMERICA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior decision, and returned the case to the trial level for further proceedings. This action means the original decision is vacated and the Workers' Compensation Judge (WCJ) will re-examine the matter. The WCAB's order does not constitute a final decision on the merits, and parties retain the right to seek reconsideration of any new decision by the WCJ.

Workers' Compensation Appeals BoardMartin PorrasH & F FarmsIgnacio CuevasDelfina CuevasCalifornia Indemnity Insurance Co.GAB Robins North AmericaInc.State Compensation Insurance FundFRE 0220936
References
Case No. ADJ7654039
Regular
Nov 10, 2015

SALVADOR TOVAR vs. SCHERFIELD RANCHES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Salvador Tovar's petition for reconsideration because it was filed untimely. The petition was submitted more than 25 days after the Workers' Compensation Judge's decision was served, exceeding the jurisdictional deadline. Even if the petition had been timely, it would have been denied due to its insufficient content. Therefore, the WCAB lacked authority to consider the substance of the petition and ordered its dismissal.

Petition for ReconsiderationUntimely FilingWCABWorkers' Compensation Administrative Law JudgeWCJ DecisionLabor CodeCalifornia Code of RegulationsJurisdictional LimitAppeals Board AuthoritySkeletal Petition
References
Case No. ADJ2001631
Regular
Dec 05, 2011

SALVADOR AGUAYO, JR. vs. AMERICAN GOLD CORPORATION, ARCH INSURANCE COMPANY

This case concerns a workers' compensation applicant, Salvador Aguayo, Jr., and defendant American Gold Corporation. The Workers' Compensation Appeals Board denied reconsideration of a decision that awarded applicant's counsel $770 for attorney's fees related to discovery necessitated by the defendant's prohibited ex parte communications with medical evaluators. While affirming the fee award, the Board noted that applicant's counsel had previously received an extraordinary 20% fee in a Compromise and Release agreement, which exceeded guideline recommendations. The denial of reconsideration means the $770 award for discovery fees stands, despite the defendant's arguments against it.

Workers' Compensation Appeals BoardSalvador AguayoAmerican Gold CorporationArch Insurance CompanyPetition for ReconsiderationWCJAttorney's FeesProhibited Ex Parte CommunicationsCompromise and ReleasePolicy and Procedural Manual
References
Case No. ADJ1996953
Regular
May 18, 2012

SALVADOR BECERRA vs. CONSOLIDATED DISPOSAL SERVICES c/o CANNON COCHRAN MANAGEMENT SERVICES, INC.

This case involves a Petition for Removal filed by Salvador Becerra against Consolidated Disposal Services. The Workers' Compensation Appeals Board reviewed the petition and the accompanying administrative law judge's report. Finding no grounds to disturb the original decision, the Board denied the Petition for Removal. This denial means the administrative law judge's prior decision stands.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDeny RemovalConsolidated Disposal ServicesCannon Cochran Management ServicesSalvadore BecerraADJ1996953LAO 0845259Removal Order
References
Case No. ADJ8782107
Regular
Apr 03, 2019

Salvador Sainz vs. Svenhards Swedish Bakery, Federal Insurance Company, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved applicant Salvador Sainz seeking reconsideration of a 57% permanent disability award for a 2012 back and psyche injury. Sainz argued he was totally disabled due to his vocational ineligibility for rehabilitation, but the Board denied his petition. The Board adopted the WCJ's reasoning that Sainz's vocational expert's opinion was not persuasive and conflicted with the medical evidence and defendant's vocational expert. Therefore, the original award of 57% permanent disability was affirmed.

Workers Compensation Appeals BoardSalvador SainzSvenhard's Swedish BakeryFederal Insurance CompanySedgwick Claims Management ServicesADJ8782107Petition for Reconsiderationpermanent disabilityvocational rehabilitationvocational evaluator
References
Case No. ADJ9001538
Regular
Sep 14, 2018

, PEDRO MONTELONGO vs. MC ROOFING CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a WCJ's decision denying sanctions and attorneys' fees against defendants MC Roofing Corporation and its insurer, SCIF. The applicant alleged bad faith conduct by MC Roofing's owner, Manuel Cuevas, and sought sanctions against him and SCIF, as well as attorney's fees from retroactive temporary total disability benefits. The Appeals Board granted reconsideration to further investigate whether Cuevas is a defendant, whether his alleged misconduct can be imputed to MC Roofing, and if sanctions are appropriate. The matter is returned to the trial level for further proceedings on the issue of sanctions against Cuevas.

Workers' Compensation Appeals BoardPedro MontelongoMC Roofing CorporationState Compensation Insurance FundPetition for ReconsiderationSupplemental Findings of FactSanctionsLabor Code Section 5813Bad Faith ConductAttorney Fees
References
Case No. ADJ7233959 ADJ7233792
Regular
Mar 28, 2011

SALVADOR LANDIN vs. STAFFMARK INVESTMENT, CHARTIS SAN DIEGO

This case involves an attorney's petition for reconsideration after an administrative law judge (WCJ) ordered them to pay defendant costs and a $\$500$ sanction. The applicant's attorney argued they did not have adequate notice and an opportunity to be heard regarding the sanctions. The Appeals Board granted reconsideration, rescinded the WCJ's orders, and returned the matter for further proceedings because the orders were issued without proper notice and opportunity to present a defense, violating due process. The Board emphasized that sanctions require proper procedure, including a notice of intent and a hearing.

WORKERS' COMPENSATION APPEALS BOARDSALVADOR LANDINSTAFFMARK INVESTMENTCHARTIS SAN DIEGOPETITION FOR RECONSIDERATIONWCJSANCTIONCOSTSLABOR CODE §5813DUE PROCESS
References
Case No. LAO 0786323, MON 0300627
Regular
Jul 09, 2008

SALVADOR TEJEDA vs. RALLE ENGINEERING, ST. PAUL/TRAVELERS INSURANCE

The Appeals Board granted the defendant's petition for reconsideration, finding that the WCJ's apportionment of permanent disability was not supported by substantial evidence, despite a stipulation to a cumulative trauma injury. The Board amended the decisions to defer issues of permanent disability and apportionment, returning the cases to the trial level for further development of the record on these specific points. The existing findings on injury, excluding apportionment, were otherwise affirmed.

Salvador TejedaRalle EngineeringSt. Paul/Travelers InsuranceLAO 0786323MON 0300627Petition for ReconsiderationFindings and AwardWCJPermanent DisabilityApportionment
References
Case No. ADJ10834446
Regular
Sep 22, 2017

Miguel Cueva vs. Pacific American Fish, Alaska National Insurance Co.

Applicant sought reconsideration of an order approving a compromise and release, alleging the defendant unreasonably delayed payment and seeking penalties. The Appeals Board dismissed the petition, clarifying that it was not a proper petition for reconsideration of the original order. Instead, the applicant's claims regarding delayed payment should be addressed at the scheduled status conference. The Board emphasized that a petition for reconsideration must be taken from a final order, not a procedural dispute about payment execution.

Workers' Compensation Appeals BoardMiguel CuevaPacific American FishAlaska National Insurance Co.ADJ10834446Petition for ReconsiderationOrder Approving Compromise and ReleaseWCJLabor Code Section 5814(a)Penalty
References
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