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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. ADJ8172168, ADJ8075196
Regular
Dec 04, 2012

RONALD PROCK vs. COUNTY OF BUTTE, JOINT POWERS AUTHORITY, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board case involves petitions for reconsideration filed by both the applicant and defendants. The Board has granted these petitions to allow further study of the complex factual and legal issues. This action is deemed necessary to ensure a just and reasoned decision after a complete understanding of the record. Further proceedings may be ordered pending the Board's Decision After Reconsideration.

Workers' Compensation Appeals BoardPetitions for ReconsiderationRonald ProckCounty of ButteJoint Powers AuthorityYork Risk Services GroupInc.ADJ8172168ADJ8075196September 17 2012 decision
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ7077497, ADJ7984313, ADJ7984335
Regular
Oct 16, 2012

LULA TAVE vs. COUNTY OF LOS ANGELES/DEPARTMENT OF HEALTH SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior decision. The WCAB rescinded the Administrative Law Judge's (WCJ) decision from August 2, 2012. The case is now returned to the trial level for further proceedings and a new decision by the WCJ. This order is not a final determination on the merits.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsDecision After ReconsiderationWCJ ReportWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ7077497
References
Case No. ADJ4631701
Regular
Oct 19, 2012

ROCIO SALINAS vs. TUTOR & SALIBA, INTERCARE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's previous decision in the case of Salinas v. Tutor & Saliba. The Board adopted the WCJ's report and returned the matter to the trial level for further proceedings and a new decision. This order is not a final decision on the merits, and parties retain the right to seek reconsideration of the future WCJ decision.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsWCJ DecisionTutor & SalibaIntercareADJ4631701OAK District OfficeOpinion and Order
References
Case No. ADJ2038785 (VNO 0426080), ADJ900602 (VNO 0426045), ADJ2562931 (VNO 0494371), ADJ7032939, ADJ7045667
Regular
Aug 01, 2019

JOSEPH PROTHRO vs. STATE COMPENSATION INSURANCE FUND as administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case, involving multiple claim numbers for Joseph Prothro against State Compensation Insurance Fund, has been granted reconsideration. The Board rescinded the prior WCJ's decision because a settlement has been proposed. The case is now returned to the WCJ to evaluate the settlement, with the option to reinstate the original decision if the settlement is not approved. This decision is not a final determination on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeProposed SettlementApproval of SettlementReinstating Original DecisionFinal Decision
References
Case No. ADJ3992647
Regular
Feb 17, 2009

ANTO'NIO VELASCO vs. AFC TRADING AND WHOLESALE, INC., ZENITH INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior decision of the workers' compensation administrative law judge (WCJ). The WCAB adopted the WCJ's report and returned the case for further proceedings and a new decision at the trial level. This action is not a final determination on the merits of the case. Parties retain the right to seek reconsideration of the WCJ's subsequent decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationadministrative law judgegrant reconsiderationrescind decisionfurther proceedingsdecision after reconsiderationtrial levelDecember 30 2008February 17 2009
References
Case No. ADJ7785936
Regular
Sep 28, 2012

LISA VALDEZ vs. AH CLEARLAKE HOSPITAL, INC. dba ST.\nHELENA HOSPITAL CLEARLAKE, administered by, ADVENTIST HEALTH

This case involves a petition for reconsideration filed by Lisa Valdez related to a prior decision dated August 22, 2012. The petitioner, Valdez, has since withdrawn their petition. Consequently, the Workers' Compensation Appeals Board has formally dismissed the petition for reconsideration. This dismissal is effective as of September 28, 2012.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantADJ7785936Santa Rosa District OfficeAugust 22 2012September 28 2012
References
Case No. ADJ2387467 LAO 0755173
Regular
Dec 14, 2012

MIGUEL OCHOA vs. ADLER POOL TABLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. The Board rescinded the Workers' Compensation Judge's (WCJ) initial decision. The case is now returned to the trial level for further proceedings and a new decision by the WCJ. This is not a final decision on the merits, and parties retain appeal rights.

Petition for ReconsiderationGranting ReconsiderationRescind WCJ decisionFurther proceedingsWorkers Compensation Appeals BoardMiguel OchoaAdler Pool TablesState Compensation Insurance FundADJ2387467LAO 0755173
References
Case No. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
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