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

Case No. ADJ6995425
Regular
Apr 27, 2012

SERGIO SANCHEZ vs. LIDA KOHANSAMEH, PACIFIC SPECIALTY INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior ruling finding the applicant an employee of Lida Kohansameh. While agreeing the applicant was not an employee of Pacific Great West Construction, the Board remanded the case for further proceedings. The trial judge must now determine if the applicant is excluded from workers' compensation coverage under Labor Code sections 3351(d) and 3352(h), specifically regarding residential or casual employment and hours worked. This decision avoids a final determination on employment status and focuses on potential statutory exclusions.

Workers' Compensation Appeals BoardLida KohansamehPacific Specialty InsuranceTristar Risk ManagementSergio SanchezFindings and OrderEmployee statusPacific Great West ConstructionReport and RecommendationPetition for Reconsideration
References
Case No. ADJ6761550 ADJ6761551
Regular
Oct 29, 2010

JUAN SANCHEZ vs. CITY OF SANTA CLARA; PSI, administered by CAMBRIDGE

This case summary is for lawyer Juan Sanchez, who is seeking reconsideration from the Workers' Compensation Appeals Board (WCAB) concerning his claims against the City of Santa Clara and PSI, administered by Cambridge. The WCAB has granted Sanchez's Petition for Reconsideration, indicating that the initial decision warrants further review. Pending the final decision after reconsideration, all case-related communications must be directed to the WCAB's Office of the Commissioners in San Francisco, rather than any local office. The specific claims and underlying facts leading to this reconsideration are not detailed in this excerpt.

Petition for ReconsiderationGranting ReconsiderationWorkers' Compensation Appeals BoardDecision After ReconsiderationOffice of the CommissionersSan Francisco District OfficeADJ6761550ADJ6761551City of Santa ClaraPSI
References
Case No. ADJ8190306
Regular
Jan 07, 2013

Silvestre Sanchez vs. Robert E. Town, Allied Insurance, A Nationwide Company

This case concerns whether an injured worker, Silvestre Sanchez, was an employee of Robert E. Town for workers' compensation purposes. The Board granted reconsideration to reverse the WCJ's finding of employment. The primary issue was whether Sanchez met the 52-hour work requirement within the 90 days preceding injury under Labor Code section 3352(h), which excludes certain residential employees. The Board found that based on conflicting testimony regarding a second payment, the applicant did not prove he worked over 52 hours, thus excluding him from coverage.

Workers' Compensation Appeals BoardSilvestre SanchezRobert E. TownAllied InsuranceLabor Code section 3352(h)excluded employeeresidential employee90-day perioddate of injuryFindings of Fact
References
Case No. ADJ1406771 (LAO 0726969) MF ADJ1468176 (LAO 0727001) ADJ555495 (LAO 0746656)
Regular
Dec 06, 2013

CARMEN SANCHEZ vs. CROWN CITY PLATING, WAUSAU UNDERWRITERS INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning Carmen Sanchez's claims against Crown City Plating and Wausau Underwriters. The Board affirmed the finding that Sanchez sustained industrial injuries to multiple body parts, including her back, resulting in 91% permanent disability, deeming the injuries' effects "inextricably intertwined." The decision clarified that the applicant's attorney's fees are to be awarded against the commuted value of the life pension. Furthermore, the Board upheld the order for Wausau/Liberty to adjust reimbursement rights with CIGA, reserving jurisdiction for future disputes.

Workers' Compensation Appeals BoardCarmen SanchezCrown City PlatingWausau Underwriters Insurance CompanyLiberty Mutual InsuranceCalifornia Insurance Guarantee Association (CIGA)HIH InsuranceReconsiderationFindings and AwardPermanent Disability
References
Case No. ADJ6482240
Regular
Dec 21, 2017

CATHERINE SANCHEZ vs. STARBUCKS COFFEE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Catherine Sanchez's claim against Starbucks. The WCAB affirmed the original decision but amended the findings of fact to clarify that Sanchez's injury resulted in permanent total disability. This amendment entitles her to lifetime permanent disability payments at a specific weekly rate, with attorney fees to be determined later. The WCAB gave significant weight to the administrative law judge's credibility determination, finding no substantial evidence to overturn it.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Permanent Total DisabilityPermanent DisabilityTemporary DisabilityAttorney FeeSedgwick Claims Management Services
References
Case No. AHM 0138965
Regular
May 29, 2007

Sergio Patron vs. DENNY'S RESTAURANT, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Sergio Patron's petition for reconsideration as untimely because it was filed more than 25 days after the original decision was mailed. Applicant's arguments regarding a 10-day notice of intention and a 30-day filing period were rejected as inapplicable to the circumstances. Therefore, the petition was procedurally barred and dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitsFindings and OrderService by MailNotice of TrialWCAB Rule 10562Occupational Safety and Health Appeals BoardLabor Code Section 6614
References
Case No. ADJ7186657
Regular
Sep 30, 2011

Sergio Marquez vs. Alan's Lawnmower and Garden Center; INC, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sergio Marquez did not sustain an industrial injury. The applicant argued the employer's post-termination defense under Labor Code section 3600(a)(10) was inapplicable and that the presumption of injury under Labor Code section 5402 should apply. However, the Board adopted the WCJ's findings that neither the presumption nor an exception to the defense was established. The WCJ's report, which was incorporated by the Board, detailed why these arguments failed based on the evidence presented.

Workers Compensation Appeals BoardSergio MarquezAlan's Lawnmower and Garden CenterStar Insurance CompanyIllinois Midwest Insurance AgencyADJ7186657Order Denying Reconsiderationindustrial injuryLabor Code section 5402presumption of industrial injury
References
Case No. ADJ8903041
Regular
Jul 01, 2014

MAGALI MANRIQUE DE ARCHA vs. MCDONALD'S/SANCHEZ FAMILY CORPORATION, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

This order dismisses Magali Manrique de Archa's Petition for Removal in her workers' compensation case against McDonald's/Sanchez Family Corporation. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report, which recommended dismissal. The Board found no grounds to grant removal, thus dismissing the petition.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSan Bernardino District OfficeSanchez Family CorporationCalifornia Restaurant Mutual Benefit CorporationAmerican Claims ManagementAlvandi Law Group
References
Case No. ADJ7210094
Regular
Jan 05, 2012

JOSE G. SANCHEZ vs. DIRECTORY DISTRIBUTION ASSOCIATION, ACE AMERICAN INSURACE COMPANY

This case involves Jose G. Sanchez's workers' compensation claim against Directory Distribution Association and ACE American Insurance Company. The Workers' Compensation Appeals Board denied Sanchez's petition for reconsideration of the judge's decision. The denial was based on the judge's report, which found Sanchez's testimony not credible, giving great weight to the judge's credibility determination as per established case law. Specifically, the judge found that Sanchez failed to prove he reported his injury prior to termination, thus barring his claim under Labor Code Section 3600(a)(10) due to post-termination defense.

Workers' Compensation Appeals BoardReconsideration DeniedCredibility FindingLabor Code Section 5905Title 8 California Code of Regulations 10850Proof of ServiceAdverse PartiesDismissalLabor Code Section 3600(a)(10)Post-Termination Defense
References
Case No. ADJ8615321
Regular
Jul 18, 2013

AARON SANCHEZ vs. UPRINT, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board has dismissed Aaron Sanchez's petition for reconsideration of a May 6, 2013 decision. The petitioner, Aaron Sanchez, voluntarily withdrew this petition. Consequently, the Board has formally ordered the dismissal of the reconsideration request. This action resolves the pending reconsideration matter in the case.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardApplicantDefendantsVan Nuys District OfficeDecision DateOpinion and OrderRonnie G. Caplane
References
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