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

Case No. ADJ10523325 ADJ10523356 ADJ10789474 ADJ10523323
Regular

SANDRA GARCIA vs. DIMENSION DEVELOPMENT TWO, LLC, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Sandra Garcia's petition for reconsideration. The Board adopted and incorporated the findings of the workers' compensation administrative law judge in their decision. Therefore, the petition to reconsider the prior ruling was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying ReconsiderationWCJ reportAdministrative Law JudgeDimension Development TwoCypress Insurance CompanyBerkshire Hathaway Homestate CompaniesADJ10523325Van Nuys District Office
References
Case No. ADJ9750276
Regular
Aug 21, 2017

SANDRA KIMBER (DECEASED) vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding Sandra Kimber's death compensable under the police officer pneumonia presumption. The Board found the decedent's cause of death, acute bronchiotracheopneumonitis, is medically distinct from pneumonia and therefore not covered by the statutory presumption. The case was returned for further proceedings to determine if the injury is compensable absent the presumption and to establish dependency for death benefits.

Workers' Compensation Appeals BoardSandra Kimber (Deceased)City of Los Angelesself-insuredADJ9750276Petition for ReconsiderationFindings and Awardindustrial injurydeath benefitLabor Code section 3212
References
Case No. ADJ9301001
Regular
Sep 29, 2016

Armando Garcia vs. Geraldine Whitney, Fred Whitney

The Workers' Compensation Appeals Board denied Armando Garcia's petition for reconsideration, upholding the WCJ's finding that he was not an employee of Geraldine Whitney at the time of his injury. The Board agreed that Garcia's belief of working for free rent did not establish an employment contract. Conflicting evidence regarding the parties' relationship supported the WCJ's reasonable determination that no express or implied employment agreement existed due to lack of consideration. Therefore, Garcia's claim for workers' compensation benefits was denied.

Workers' Compensation Appeals BoardArmando GarciaGeraldine WhitneyFred WhitneyADJ9301001Employee statusImplied contractConsiderationLabor Code section 3357Presumption of employment
References
Case No. ADJ4209445 (GRO 0034182)
Regular
Jul 01, 2013

MARICRUZ GARCIA vs. PUEBLO PACKING, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This order dismisses Maricruz Garcia's Petition for Reconsideration in Case No. ADJ4209445. The Workers' Compensation Appeals Board (WCAB) adopted the administrative law judge's report, finding the petition was untimely filed. Therefore, the WCAB dismissed the reconsideration request.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardWCJ ReportAdministrative Law JudgePueblo PackingBerkshire HathawayADJ4209445GRO 0034182
References
Case No. ADJ12393038
Regular
Mar 07, 2023

CRISTIAN AVILA GARCIA (Deceased) SINTIA YANETH GARCIA (Guardia Ad Litem) vs. BAYVIEW ENVIRONMENTAL SERVICES INCORPORATED, GREAT DIVIDE INSURANCE COMPANY, BERKELEY ENTERTAINMENT

In this workers' compensation case, the applicant's average weekly wage (AWW) was determined based on his higher earnings during the four weeks prior to his death on a special project. The defendant sought reconsideration, arguing the AWW should have been based on his entire tenure, but the Appeals Board affirmed the original award. The Board held that AWW is calculated based on earnings "at the time of injury" to reflect earning capacity, not necessarily the entire earnings history. Therefore, the calculation using the prevailing wage during the Santa Monica project was upheld.

Workers' Compensation Appeals BoardCristan Avila GarciaSintia Yaneth GarciaBayview Environmental Services IncorporatedGreat Divide Insurance CompanyBerkeley EntertainmentAdjudication NumberFindings and AwardAverage Weekly WageTemporary Disability Indemnity
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
Case No. ADJ8175471
Regular
Sep 16, 2015

HARRISON GARCIA vs. ROBERTSON'S READY MIX

This order denies Harrison Garcia's Petition for Removal from a Workers' Compensation Appeals Board decision. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The Board found that reconsideration would be an adequate remedy if an adverse final decision occurs. The Board also noted that their prior ruling in *Dubon v. World Restoration* was directly applicable to this case.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyJose Dubon v. World Restorationen banc decisionADJ8175471
References
Case No. ADJ6939425
Regular
Oct 01, 2016

Rene Garcia vs. American Tire Distributors, Broadspire

This case concerns a worker, Rene Garcia, seeking reconsideration of a Workers' Compensation Appeals Board decision. The applicant argued that a stipulation for an Agreed Medical Examiner (AME) should bind the defendant to their recommended bi-level neck surgery. The Board denied reconsideration, affirming the judge's finding that the AME stipulation did not override the statutory requirement to resolve medical treatment disputes through the Utilization Review/Independent Medical Review process. The Board also upheld the denial of attorney fees, as no benefits were awarded under the specific 2011 stipulation.

Workers' Compensation Appeals BoardRene GarciaAmerican Tire DistributorsBroadspirePetition for ReconsiderationFindings and OrderAdministrative Law Judgeunreasonable delaypayment of compensationtemporary disability
References
Case No. ADJ8979988
Regular
Sep 20, 2017

MIGUEL GARCIA vs. SERVISAIR, LLC, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case, ADJ8979988, involved an applicant, Miguel Garcia, and defendants Servisair, LLC and Liberty Mutual Insurance Company. The defendant, Servisair, LLC, withdrew its Petition for Reconsideration, which had been filed on July 31, 2017. Consequently, the Board dismissed the petition. The Board also reminded the defendant of its obligation to serve all documents on all parties involved in the case, noting proper service had now been made regarding the withdrawal.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWCAB RulesService of DocumentsWorkers' Compensation Appeals BoardMiguel GarciaServisair LLCLiberty Mutual Insurance CompanyADJ8979988
References
Case No. ADJ8926570
Regular
Apr 25, 2016

SANDRA KOZUCH vs. AMERICAN GUARD SERVICES, INTERCARE HOLDINGS INSURANCE SERVICES

This case involves a petition for reconsideration filed by Sandra Kozuch that has been denied by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. Therefore, the WCAB's order formally denies Kozuch's request for reconsideration of a prior decision.

ADJ8926570KIZERMULLEN FILIPPISANDRA KOZUCHAMERICAN GUARD SERVICESINTERCARE HOLDINGS INSURANCE SERVICESWORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIEDWCJ REPORT
References
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