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

Case No. ADJ2308352 (SBR 0341903) ADJ3554086 (SBR 0323156)
Regular
Nov 21, 2016

STEPHEN WEBBER vs. L. J. SNOW FORD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Stephen Webber's petition for reconsideration because it was untimely filed. California law requires such petitions to be received by the WCAB within 25 days of the administrative law judge's decision, with extensions for weekends or holidays. In this case, the petition was filed on September 27, 2016, one day after the jurisdictional deadline of September 26, 2016. As the deadline is jurisdictional, the WCAB lacked authority to consider the untimely petition.

Petition for Reconsiderationuntimely filingjurisdictional time limitWCABadministrative law judgeLabor CodeCalifornia Code of Regulationsproof of mailingproof of receiptSeptember 1
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ7033087
Regular
Jul 03, 2012

Alan Beaven, Deceased Kimberly Beaven, Widow vs. Berman, Devalerio Pease & Tabacco, State Compensation Insurance Fund

This case concerns a petition for reconsideration filed by the defendant employer, SCIF, after a Stipulated Findings and Award was issued. The WCJ recommended denying the petition, finding no evidence of mutual mistake or fraud to justify setting aside the award. The award, which provided death benefits to the decedent's dependents, was agreed upon by the parties despite the WCJ warning the defendant that they were offering more benefits than statutorily required. Ultimately, the Workers' Compensation Appeals Board dismissed the petition for reconsideration as it had been withdrawn by the petitioner.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissed PetitionStipulated Findings and AwardDeath BenefitsTerrorist ActivitySeptember 112001Injury Resulting in DeathGAL for Minor
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. ADJ8854677
Regular
Sep 01, 2015

ANA PINEDA vs. LOS ANGELES JEWISH HOME FOR THE AGING, PACIFIC CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Removal. The petitioner withdrew their request to remove the decision that was previously issued on September 1, 2015. As a result, the WCAB has dismissed the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantCase NumberSanta Ana District OfficeSeptember 12015
References
Case No. B167017
Significant
Nov 18, 2004

General Casualty Insurance and Regent Insurance, Joseph A. Lane, American Home Assurance Company vs. Workers' Compensation Appeals Board and California Insurance Guarantee Association

The court has requested responses from the Workers' Compensation Insurance Rating Bureau (WCIRB) and the California Insurance Commissioner regarding the exclusion of special employees from a special employer's workers' compensation policy, specifically questioning the use and requirements of Form No. 11 for this purpose.

WCIRBForm No. 11limiting endorsementsrestricting endorsementsspecial employeesgeneral employerstemporary employeesleased employeesInsurance CommissionerCalifornia Code of Regulations
References
Case No. ADJ9478055
Regular
Mar 18, 2020

CHARLES HART vs. TOWN OF LOS GATOS

This case involves a petition for reconsideration granted by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the workers' compensation administrative law judge's (WCJ) report and amended the original decision. The amended decision clarifies that the applicant, Charles Hart, sustained temporary disability from August 11, 2011, to November 16, 2016, payable at a specific weekly rate, subject to credits and attorney fees. The amended decision otherwise affirmed the original ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reporttemporary disabilityAugust 112011November 162016$847.01attorney fees
References
Case No. ADJ2388348 (FRE 0248294)
Regular
Apr 08, 2011

Rodney Cotta vs. Leprino Foods

Defendant Leprino Foods sought reconsideration of an award finding applicant Rodney Cotta sustained an industrial injury to his right knee on or about September 24, 2007. While Cotta had a prior knee injury in 2002, he received no treatment after 2003. Medical evidence, particularly Dr. Sorenson's report, supported the WCJ's finding of a new injury, deeming it an aggravation of a pre-existing condition, distinct from the prior injury. The Board denied reconsideration, affirming the WCJ's finding that the 2007 incident constituted a new industrial injury.

New industrial injuryRight kneeSeptember 242007Reconsideration deniedPrevious injuryStipulated award3% permanent disabilitySpecific injuryReceiving foreman
References
Case No. ADJ3434673 (SRO 0141791)
Regular
Feb 11, 2010

DAVID KALLABY vs. NAPA VALLEY COMMUNITY COLLEGE DISTRICT, PSI, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDDAVID KALLABYNAPA VALLEY COMMUNITY COLLEGE DISTRICTPSIKEENAN & ASSOCIATESADJ3434673SRO 0141791OPINION AND ORDER DISMISSING RECONSIDERATIONLabor Code section 5903petition for reconsideration
References
Case No. ADJ3856430 (LAO 0853077)
Regular
Aug 24, 2012

XIAO BIN ZHOU vs. EASTCOM, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Xiao Bin Zhou's petition for reconsideration of a prior decision. The dismissal is based on the petitioner's withdrawal of the reconsideration request. The original decision dates were August 11, 2010, and/or November 1, 2010.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCase No. ADJ3856430LAO 0853077Xiao Bin ZhouEastcom Inc.Employers Compensation Insurance CompanyAugust 11 2010
References
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