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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. 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. ADJ1883092 (AHM 0147002)
Regular
Jul 07, 2014

JAMES HUCKABEE vs. RALPHS/THE KROGER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by James Huckabee. The dismissal was based on the petition being untimely. Huckabee had actual notice of the September 4, 2013 Order Dismissing Lien Claim by March 4, 2014, but did not file the petition until May 5, 2014. This exceeded the 20-day jurisdictional deadline for filing a petition for reconsideration after receiving actual notice.

Petition for ReconsiderationUntimely FilingLabor Code section 5903Jurisdictional Time LimitActual NoticeOrder of DismissalLien ClaimDeclaration of Readiness to ProceedPetition for Relief from DefaultCode of Civil Procedure section 473(b)
References
Case No. ADJ9054894
Regular
Nov 29, 2016

GRANT GROVER vs. ATASCADERO STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both applicant Grant Grover and defendant State Compensation Insurance Fund. This action was taken to allow the WCAB sufficient time to thoroughly study the factual and legal issues presented. The WCAB determined this further review is necessary to ensure a just and reasoned decision. All subsequent filings related to the petitions must be directed to the WCAB Commissioners' office in San Francisco, not local district offices or e-filing.

Grant GroverAtascadero State HospitalState Compensation Insurance FundADJ9054894San Jose District OfficePetitions for ReconsiderationSeptember 202016Statutory time constraintsFactual and legal issues
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
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. ADJ8191769, ADJ8195704
Regular
Sep 28, 2015

GILBERT FLORES vs. GREIF, INC., TRAVELERS PROPERTY CASUALTY CO. OF AMERICA

This case involves a petition for removal or reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The primary reason for dismissal was that the petition was untimely filed, exceeding the 20-day deadline following personal service of the WCJ's decision. The WCAB clarified that timely filing requires receipt by the Board within the deadline, not just mailing. Since the petition was filed more than 20 days after personal service, it was jurisdictional invalid and therefore dismissed.

Petition for RemovalPetition for ReconsiderationUntimely FilingPersonal ServiceWCJ Decision20-Day LimitJurisdictional Time LimitAppeals Board AuthorityReport and RecommendationFinal Order
References
Case No. ADJ7813341
Regular
Jun 18, 2015

FRANCISCO LAZO vs. QUALITY STAFFING, ZURICH

This case concerns Francisco Lazo's workers' compensation claim against Quality Staffing and Zurich. The Workers' Compensation Appeals Board (WCAB) dismissed Lazo's Petition for Reconsideration. The dismissal was based on the petition being filed more than 20 days after the WCJ's decision was personally served. California law requires such petitions to be *received* by the WCAB within the 20-day timeframe, not merely mailed. As the petition was untimely, the WCAB lacked jurisdiction to consider its merits.

Petition for ReconsiderationPersonally ServedTimeliness20-Day LimitJurisdictionalWCJ DecisionWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)
References
Case No. ADJ8838881
Regular
Jul 11, 2014

ALEXANDER ENGLISH vs. DALLAS MAVERICKS, ZENITH INSURANCE COMPANY

This case involves a petition for removal filed by the defendants, Dallas Mavericks and Zenith Insurance Company. The Workers' Compensation Appeals Board dismissed the petition because it was filed on June 18, 2014, which was untimely. The original decision was issued on April 8, 2014, and the petitioner failed to file within the required 20-day period for personal service. The Board clarified that the 20-day deadline, not 25 days, applied, making the petition due by April 28, 2014.

Petition for RemovalUntimely FilingPersonal Service20-day DeadlineWCJ ReportStrom v. Workers' Comp. Appeals Bd.ADJ8838881Oakland District OfficeWorkers' Compensation Appeals BoardDALLAS MAVERICKS
References
Case No. SRO 0134752
Regular
Nov 27, 2007

KARA LORD vs. JOHN & DONNA SKEEN, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of the September 5, 2007 award as untimely. The Board also denied the applicant's petition for reconsideration of the September 25, 2007 commutation order, finding no evidence to support the requested $20,000.00 commutation for a Social Security debt. Applicant may seek future commutation if she provides supporting evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationsPermanent DisabilityAttorney's FeeCommutationSocial Security DebtUntimely PetitionJurisdictional Time LimitWCJ Order
References
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