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

Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
Case No. ADJ925875 (SFO 0493559) ADJ324063 (SFO 0494762)
Regular
Oct 29, 2009

TIRSA ZULETA vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, TRISTAR

The Petition for Removal is denied based on the review of the record and the administrative law judge's report.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR REMOVALDENIEDSAN FRANCISCO UNIFIED SCHOOL DISTRICTTRISTARADMINISTRATIVE LAW JUDGEADJ925875ADJ324063SFO 0493559SFO 0494762
References
Case No. ADJ8603115
Regular
Aug 15, 2013

Laverne Maliga vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied the City and County of San Francisco's petition for reconsideration of an award to Laverne Maliga. The applicant, a firefighter, sustained an injury while attending a trench rescue training class offered through a federal grant program. The Board adopted the Workers' Compensation Judge's report, which found the injury arose out of and in the course of employment because the Fire Department encouraged participation in such training for skill development and public protection. The judge distinguished this case from similar ones by noting the employer's active encouragement and provision of opportunities for the training.

Workers' Compensation Appeals BoardCity and County of San FranciscoPetition for ReconsiderationFindings of FactCourse of EmploymentTrench Rescue TrainingSan Francisco Fire DepartmentHomeland Security GrantOff-Duty StatusProfessional Development
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8030860, ADJ8179533, ADJ8179544
Regular
Aug 02, 2017

MOEGAGOGO TAMASESE vs. CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO JUVENILE PROBATION DEPARTMENT, INTERCARE

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Reconsideration. The denial was based on the WCAB adopting the reasoning of the workers' compensation administrative law judge (WCJ). Specifically, the Defendant violated WCAB Rule 10842(c) by attaching an Exhibit List to their petition, which contained documents already in evidence. The Board also noted this likely was an attempt to circumvent page limits and admonished the Defendant for non-compliance.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(c)Exhibit Listpage limitsLabor Code § 5813Cal. Code Regs.tit. 8§ 10561
References
Case No. ADJ1644350 (SFO 0474033)
Regular
Jan 20, 2010

ESPERANZA JACKSON vs. SAN FRANCISCO MARRIOTT, MARRIOTT CLAIMS SERVICES

This case concerns an applicant's petition for reconsideration of a decision to rescind a retroactive VRMA award. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the administrative law judge's (WCJ) finding. The WCJ determined, based on the precedent set in *Weiner v. Ralphs Company*, that the Rehabilitation Unit award was not final before January 1, 2009, due to a pending defendant's appeal. The WCAB adopted the WCJ's report, finding the *Weiner* decision controlling and binding until higher court review.

Workers' Compensation Appeals BoardPetition for ReconsiderationRehabilitation UnitVRMAAppealWeiner caseCalifornia Supreme CourtWrit of Reviewcontinuing jurisdictionen banc decision
References
Case No. ADJ3795048
Regular
Feb 11, 2010

PAULINE WATKINS vs. COUNTY OF SAN DIEGO

This case involves Pauline Watkins, the applicant, and the County of San Diego, the defendant, regarding a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) has issued an order denying a Petition for Reconsideration filed by one of the parties. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in making its decision to deny reconsideration. Therefore, the original decision in this workers' compensation matter stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeniedCounty of San DiegoPauline WatkinsADJ3795048SDO 0342816Frank M. BrassJames C. Cuneo
References
Case No. ADJ1229365 (SBR 0302024)
Regular
Jan 31, 2012

HAROLD HANSEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the defendant requested it, and the Board needs more time to fully study the factual and legal issues. This action is necessary to ensure a complete understanding of the record and to issue a just decision. All further filings in this matter must be sent directly to the WCAB's San Francisco office and not to any district office or e-filed.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationCounty of San BernardinoPermissibly Self-InsuredLien ClaimantArrowback Medical GroupHarold HansenOpinion and OrderStatutory Time Constraints
References
Case No. ADJ8377055
Regular
Dec 13, 2012

MARIA PEREZ vs. MARRIOTT INTERNATIONAL, MARRIOTT CLAIMS SERVICES

This case involves a petition for removal filed by a party in **Maria Perez v. Marriott International; Marriott Claims Services**. The Workers' Compensation Appeals Board issued an order dismissing this petition. The dismissal is due to the petitioner's withdrawal of their request for removal. Therefore, the Board has formally closed the matter regarding the petition for removal.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardApplicantDefendantMarriott InternationalMarriott Claims ServicesADJ8377055San Jose District OfficeDecision November 13 2012
References
Case No. ADJ3134632
Regular
Jul 29, 2014

ROSE COLEMAN vs. SAN FRANCISCO GENERAL HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board has dismissed Rose Coleman's petition for reconsideration of a prior decision. This dismissal is due to the petitioner voluntarily withdrawing their request for reconsideration. The original decision, issued on May 16, 2014, stands as a result.

Petition for ReconsiderationDismissal OrderApplicantDefendantsWorkers' Compensation Appeals BoardSan Francisco District OfficeWithdrawn PetitionMay 16 2014 decisionJuly 29 2014Marguerite Sweeney
References
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