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

Case No. ADJ7081229
Regular
Jul 19, 2012

Patricia Johnson vs. Sam's Club/Walmart, Avizent

The Workers' Compensation Appeals Board (WCAB) denied Patricia Johnson's petition for reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ), finding no error in the original decision. The Board gave great weight to the WCALJ's credibility findings, as is customary under *Garza v. Workers' Comp. Appeals Bd.* Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardDenying ReconsiderationWCJ ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.ADJ7081229San Diego District OfficePatricia JohnsonSam's Club/WalmartAvizent
References
Case No. ADJ8616799
Regular
Aug 16, 2013

STEPHANIE LLAMAS vs. SAM'S CLUB, ACE AMERICAN INSURANCE, Administered By YORK INSURANCE SERVICES GROUP, INC.

This case involves a Petition for Reconsideration filed by a party in the matter of Stephanie Llamas vs. Sam's Club. The Workers' Compensation Appeals Board has issued an order dismissing this petition. The dismissal is due to the petitioner's voluntary withdrawal of the petition. Therefore, the Board has formally closed the reconsideration process for the June 14, 2013 decision.

Petition for ReconsiderationDismissalWithdrawnStephanie LlamasSam's ClubAce American InsuranceYork Insurance Services GroupWorkers' Compensation Appeals BoardADJ8616799Oxnard District Office
References
Case No. ADJ3333134 (OXN 0130576) MF ADJ1434344 (OXN 0130577)
Regular
Oct 08, 2013

MARYANN HANSEN vs. SAM'S CLUB, AMERICAN HOME ASSURANCE COMPANY as administered by YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration to Sam's Club's petition after an order was issued to pay a $\$12,504.04$ lien without a hearing. While a proof of service indicated Sam's Club was notified of the lien conference, the Board found that Labor Code section 5506 requires a hearing if a defendant fails to appear or object, not a default. Therefore, the previous order was rescinded, and the case was returned to the trial level for a hearing on the merits of the lien claim. The trial judge may also consider sanctions against the defendant for their non-appearance and failure to object.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ConferenceNotice of Intention to Allow LienDue ProcessProof of ServiceElectronic Adjudication Management SystemLabor Code Section 5506Substantial JusticeDisposition on Merits
References
Case No. ADJ6683229
Regular
Jun 01, 2012

LINDA TERBEST vs. WALMART STORES, INC./SAM'S CLUB, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimants' Petition for Reconsideration because it was filed 26 days after the order, exceeding the 25-day jurisdictional deadline. Furthermore, the petition was not verified as required by law, and the defect was not cured despite notice. The WCAB adopted the WCJ's reasoning, further supporting the dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing LiensAdministrative Law JudgeJurisdictional Time LimitsUntimely PetitionVerification DefectLucena v. Diablo Auto BodyWCJ's Report and RecommendationMerits
References
Case No. ADJ9052447
Regular
Oct 13, 2018

JACQUELINE FINDLER vs. WALMART, AVIZENT, YORK INSURANCE

The Workers' Compensation Appeals Board denied the petition for reconsideration in *Findler v. Walmart*. The WCAB adopted the findings of the WCJ, who found that the lien claimant failed to provide sufficient evidence of the reasonable value of services rendered. This was because the applicable fee schedule did not control for services provided before its effective date. Therefore, the lien claimant was required to present evidence of reasonable value, which they did not adequately do.

Jacqueline FindlerWalmartAvizentYork InsuranceADJ9052447Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJOpinion and Order DenyingAdministrative Director Rule 9983
References
Case No. ADJ8748354
Regular
Oct 03, 2018

VIDA ASADI ABOLVERDI vs. WALMART INC., ACE AMERICAN INSURANCE, YORK RISK SERVICES

The Workers' Compensation Appeals Board has dismissed a Petition for Removal in the case of Asadi Abolverdi v. Walmart Inc. The dismissal is due to the petitioner voluntarily withdrawing the petition. The order was filed on October 31, 2018, effectively ending this procedural step.

Petition for RemovalWithdrawn PetitionWorkers' Compensation Appeals BoardDismissedWalmart Inc.Ace American InsuranceYork Risk ServicesADJ8748354Anaheim District OfficeDeidra E. Lowe
References
Case No. ADJ10473584
Regular
Aug 17, 2018

MIGUEL SANTANA vs. MULHOLLAND TENNIS CLUB, INC., SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered an administrative law judge's (ALJ) decision regarding interpreter fees owed to Joyce Altman Interpreters, Inc. (Altman) by Mulholland Tennis Club. The WCAB found that Altman's interpreter services were not medical-legal expenses but rather Section 5811 costs, thus not subject to Section 4622 penalties for late payment. However, the WCAB rescinded the ALJ's order and remanded the case for further proceedings to determine if sanctions under Section 5813 are warranted for the defendant's admitted failure to pay within the 60-day timeframe, shifting the burden to the defendant to prove excusable neglect.

Workers' Compensation Appeals BoardMiguel SantanaMulholland Tennis ClubSecurity National Insurance CompanyAmTrustJoyce Altman InterpretersPetition for ReconsiderationFindings of Fact and OrderWCJpenalties
References
Case No. ADJ7741312
Regular
Nov 27, 2013

MARIA GONZALEZ vs. MONTEREY PENINSULA COUNTRY CLUB

This case involves a petition for reconsideration filed by the applicant, Maria Gonzalez, against Monterey Peninsula Country Club. The applicant has formally withdrawn their petition for reconsideration of the September 24, 2013 decision. Consequently, the Workers' Compensation Appeals Board has dismissed the petition.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWithdrawn PetitionSeptember 24 2013 decisionMonterey Peninsula Country ClubPermissibly Self-InsuredADJ7741312Salinas District OfficeMaria Gonzalez
References
Case No. ADJ2825571 (LBO 0359176)
Regular
Mar 19, 2012

RONALD METSKER (dec.); KIMBERLY METSKER (dec.), JEREMY DIXON, ET AL. vs. DOUBLETREE CLUB HOTEL; CALIFORNIA INDEMNITY INSURANCE CO.

This order denies a petition for reconsideration in the case of *Metsker (dec.) et al. v. Doubletree Club Hotel*. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding the judge's reasoning sound and incorporated into their decision, the WCAB denied the reconsideration. The specific grounds for the original decision and the reasons for denial are detailed in the judge's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDenying ReconsiderationRonald MetskerKimberly MetskerJeremy DixonDoubletree Club HotelCalifornia Indemnity Insurance Co.ADJ2825571
References
Case No. ADJ7650146
Regular
Dec 11, 2013

ZHIWEN YAN vs. BICYCLE CLUB CARD & CASINO, YORK RISK SERVICES

This case involves an applicant, Zhiwen Yan, and defendants Bicycle Club Card & Casino and York Risk Services. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the petition being untimely and unverified, as detailed in the administrative law judge's report. Therefore, the WCAB ordered the petition dismissed.

Petition for ReconsiderationDismissedUntimelyUnverifiedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationBicycle Club Card & CasinoYork Risk ServicesZhiwen Yan
References
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