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

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. ADJ2500161 (BAK 0135729) ADJ3225816 (BAK 0135708) ADJ2766892 (BAK 0147317)
Regular
Mar 03, 2014

HECTOR GOMEZ vs. WATER WAYS IRRIGATION, GOLDEN EAGLE INSURANCE COMPANY

The Board granted reconsideration and rescinded the PWCJ's December 9, 2013 award. The PWCJ conceded errors in rating permanent disability for separate injuries and improperly amending a prior finding. The case is returned to the trial level for proper notice, further proceedings on all three injury claims, and a new decision. The PWCJ also needs to address the correct indemnity rate for the vocational rehabilitation hernia injury.

Workers' Compensation Appeals BoardPermanent Partial DisabilityVocational Rehabilitation InjuryApportionmentIndemnity RateFindings of FactOrder Amending Finding of FactRescindedReturned to Trial LevelIndustrial Injury
References
Case No. ADJ352088 (MON 0360366)
Regular
Apr 12, 2011

NANCY MONTOYA vs. AUGUST CONSTRUCTION, INC., SEABRIGHT INSURANCE

This case concerns a clerical error in a workers' compensation award where the weekly temporary disability indemnity rate was inconsistently stated. The applicant, Nancy Montoya, incurred an industrial injury while employed by August Construction, Inc. The defendant petitioned for reconsideration to correct the typographical error in the Findings and Award, specifically regarding the stipulated temporary disability indemnity rate. The Workers' Compensation Appeals Board granted reconsideration, amended the award to reflect the agreed-upon rate of $833.33 per week, and returned the case for further proceedings.

Workers' Compensation Appeals BoardAugust ConstructionSeabright InsuranceFindings and AwardPetition for ReconsiderationTypographical ErrorTemporary Disability Indemnity RatePermanent Disability Indemnity RateStipulationReport and Recommendation
References
Case No. ADJ9120523
Regular
Jan 25, 2018

Guillermo Reyes Perez vs. Colorama Wholesale Nursery, Zenith Insurance Company

This Workers' Compensation Appeals Board case concerns disputed payments for copying services provided by lien claimant Citywide Scanning Services, Inc. The Board granted reconsideration to amend the original decision based on the WCJ's report. While most of the lien claimant's invoices were deemed satisfied due to failure to request a second review after receiving Explanations of Review (EORs), two invoices were specifically addressed. The Board found the defendant failed to provide valid EORs for services related to Colorama Wholesale Nursery and the California Secretary of State. Therefore, the lien claimant is entitled to full payment for these two invoices, less any amounts already paid by the defendant.

EORLabor Code section 4622WCAB Rule 9794(c)Petition for ReconsiderationLien claimantCopying servicesSecond reviewInvoicesDefendant's answerReport and Recommendation
References
Case No. ADJ3587014 (MON 0284627)
Regular
Jul 20, 2009

Beverly DeRosa vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IHSS, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

This case involves an employer appealing a Workers' Compensation Appeals Board (WCAB) decision imposing sanctions and attorney's fees. The sanctions arose from the employer's claims examiner's willful failure to timely provide applicant's earnings information as ordered. The WCAB denied reconsideration, upholding the sanctions and the amended attorney's fee award of nearly $3,700, finding the examiner's testimony regarding compliance lacked credibility. The employer's petition was deemed timely filed as it addressed the amended order which substantially increased the attorney's fee.

Labor Code section 5813SanctionsAttorney's feesWillful failureTimely complianceEarnings informationReconsiderationSupplemental Findings and OrderAmended Supplemental FindingsWCJ
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ878224
Regular
Jan 28, 2009

HAROLD THOMPSON vs. CANOGA PARK BOWL, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a Supplemental Findings and Award that determined 91.5% permanent disability after apportionment. The applicant argued that agreed medical evaluators and treating physicians opined total permanent disability, and disputed payment of a medical report. The Workers' Compensation Appeals Board granted reconsideration solely to amend a finding regarding Labor Code section 5811 costs, deferring that issue. The Board affirmed the original award of 91.5% permanent disability.

WORKERS' COMPENSATION APPEALS BOARDSupplemental Findings and Awardnew and further disabilitypermanent disability after apportionmentagreed medical evaluatorsLe Beeur witnesstotal permanent disabilityLabor Code section 5811 costsdefer issuegrant reconsideration
References
Case No. ADJ10008098
Regular
Feb 06, 2017

YVETTE SALDIVAR vs. STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review the judge's findings of fact and award. While the defendant argued against the applicant's burden of proof, the WCJ's credibility finding, and the award of temporary disability instead of Industrial Disability Leave, the Board ultimately amended the findings. The Board found that the applicant sustained a cumulative trauma injury to her psyche through January 28, 2014, arising out of and in the course of employment, affirming the rest of the original award.

PSYCHE INJURYCUMULATIVE TRAUMASPECIFIC INJURYTEMPORARY DISABILITY INDEMNITYINDUSTRIAL DISABILITY LEAVERECONSIDERATIONFINDINGS AND AWARDWORKERS' COMPENSATION ADMINISTRATIVE JUDGEAPPEALS BOARDBURDEN OF PROOF
References
Case No. ADJ13475083
Regular
Feb 28, 2025

Miguel Garcia Perez vs. Opportunity Staffing, Inc.

Applicant Miguel Garcia Perez and defendant Opportunity Staffing, Inc. both sought reconsideration of a "Second Amended Findings and Award" from November 26, 2024. The Appeals Board granted the applicant's petition for reconsideration and denied the defendant's, also affirming the "Second Amended Findings and Award" with specific amendments. Key issues included applicant's earnings, temporary disability period, supplemental job displacement benefits, attorney's fees, and apportionment. The Board found the WCJ erred in not honoring the parties' stipulation of applicant being a maximum earner, deferred the issues of temporary disability length and attorney's fees for further development, and determined the defendant failed to meet the burden of proof for apportionment under Labor Code sections 4664 and 4663.

StipulationMaximum EarnerApportionmentTemporary DisabilityPermanent DisabilityAttorney's FeesPetition for ReconsiderationLabor CodeMedical EvidenceCausation
References
Case No. ADJ10053711
Regular
Feb 24, 2025

RAMON GALLARDO vs. NEW CORNER TEAHOUSE, SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of Ramon Gallardo, affirming and amending an earlier decision. The Board determined that interest under Labor Code section 5800 is mandatory on compensation awards and should have been automatically included by the defendants, New Corner Teahouse and Security National Insurance Company. The decision also addressed penalties against the defendants for unreasonable delay in payments and confirmed that the August 30, 2022 findings regarding permanent disability, based on Dr. Newton's opinion, remain final.

Labor Code section 5800ReconsiderationInterestPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJ's ReportFindings of FactAmended Supplemental Findings and OrdersLabor Code section 5909Electronic Adjudication Management System
References
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