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

Case No. ADJ13870377
Regular
Mar 20, 2023

HORTENCIA PEREZ vs. PARTNERS PERSONNEL, Starr Specialty Insurance Company, CorVel Corporation

The Workers' Compensation Appeals Board (WCAB) granted Hortencia Perez's petition for reconsideration of a previous decision filed August 18, 2022. The WCAB found reconsideration necessary to allow further study of the factual and legal issues for a just and reasoned decision. This order effectively tolls the statutory time limits for acting on the petition due to delayed notice, as permitted by *Shipley v. Workers' Comp. Appeals Bd*. All further communications regarding the petition must now be directed to the WCAB Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationShipley tollingstatutory time constraintsAdjudication NumberCorVel CorporationStarr Specialty Insurance CompanyPartners PersonnelCal. Code Regs. tit. 8 § 10615(c)Cal. Code Regs. tit. 8 § 10961
References
Case No. ADJ7222352, ADJ1876750 (LAO 0864497)
Regular
Aug 02, 2011

RAUL SANCHEZ vs. ALUMACAST, INC., STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board award. The WCJ initially found industrial injuries and awarded temporary and permanent disability benefits. The defendant argued the WCJ erred by awarding excessive temporary disability, exceeding the two-year limit under Labor Code section 4656(c)(1). The Appeals Board granted reconsideration, adopting the WCJ's reasoning that the temporary disability period from July 7, 2009, to April 7, 2010, was not recoverable due to the statutory limit. Therefore, the original award was affirmed but amended to deny recovery of those specific temporary disability benefits.

Petition for ReconsiderationContinuous TraumaFindings and AwardTemporary Total DisabilityLabor Code section 4656(c)ApportionmentPermanent DisabilityWCJCumulative Trauma InjuryEAMS
References
Case No. ADJ9829793
Regular
Feb 28, 2020

JOHN SILVA vs. ARS INVESTMENT HOLDINGS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves multiple petitions for reconsideration following an administrative law judge's decision on applicant John Silva's workers' compensation claim. The applicant's petition was dismissed as untimely filed. The defendant's petition was denied on its merits. The lien claimant, representing the applicant's former attorneys, had its petition granted to defer the issue of attorney's fees and related liens. The original decision was otherwise affirmed.

WCABPetition for ReconsiderationPetition for ReconsiderationUntimely FilingTollingLabor CodeShipleyDue ProcessLien ClaimantAttorney's Fees
References
Case No. ADJ3778927 (SFO 0460851) ADJ334222 (OAK 0285716) ADJ2101319 (SFO 0437718) ADJ4065670 (OAK 0285715)
Regular
Jun 06, 2011

KIMBERLY ROBERTS vs. CITY & COUNTY OF SAN FRANCISCO, INTERCARE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the appealed Minute Order was not a final order, as it only set for trial the issue of proper notice regarding a medical examiner panel. The WCAB also denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable harm that would justify this extraordinary remedy. The applicant sought a third panel of qualified medical examiners, claiming insufficient notice of a second panel. The matter was returned to the trial level for further proceedings.

Petition for ReconsiderationPetition for RemovalQualified Medical ExaminersProper NoticeMinute OrderFinal OrderStatutory TimeDue ProcessShipleyState Farm
References
Case No. ADJ9687495
Regular
Oct 08, 2019

JOSE HERNANDEZ vs. VALLEY TRANSIT AUTHORITY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration because the Board failed to act within the statutory 60-day period due to administrative delays, which tolled the deadline. Citing due process concerns and precedent like *Shipley v. WCAB*, the WCAB found the time to act on the petition was extended. The WCAB rescinded the trial judge's prior decision and returned the case for further proceedings and a new decision. This action is not a final determination of the merits but allows for a full review of the case.

Petition for ReconsiderationWCAB Rule 10848supplemental pleadingsdenied by operation of lawtollingShipley v. Workers' Comp. Appeals Bd.LeBoeuf v. Workers' Comp. Appeals Bd.continuing jurisdictionreopen a casegood cause
References
Case No. ADJ10060262
Regular
Feb 16, 2018

PATRICIA DRIVER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Reconsideration filed by the defendant, California Department of Corrections, which was initially at risk of being denied by operation of law due to the Appeals Board's delay. However, the Board found that its time to act was tolled, similar to the principle in *Shipley*, because the delay was not due to the parties' fault. Despite this tolling, the Appeals Board ultimately denied the reconsideration for the reasons stated in the Workers' Compensation Judge's (WCJ) report and opinion. The Board also corrected a clerical error in the WCJ's report regarding the applicable regulation for excluding consultative ratings.

Petition for ReconsiderationDeniedTolledOperation of LawDue ProcessMisplaced FileStatutory Time LimitsAdministrative Law JudgeConsultative Rating8 Cal. Code of Reg. Section 10167
References
Case No. ADJ1075249 (LAO 0884283)
Regular
Jul 31, 2015

ELIZABETH RIOS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a lien claimant, Whittier Drugs, whose lien was dismissed for failure to pay a lien activation fee. Whittier contended they had timely paid the fee, supported by electronic documentation. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that although the petition was delayed in reaching the judge, this was due to circumstances beyond the claimant's control. The WCAB rescinded the dismissal order and returned the case for further proceedings, citing *Shipley v. Workers' Comp. Appeals Bd.* for the exception to the 60-day rule for acting on reconsideration petitions.

Lien Activation FeePetition for ReconsiderationOrder Dismissing LienWCJWorkers' Compensation Appeals BoardRescindedDeclaration of Readiness to ProceedLien ConferenceShipley v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
Case No. ADJ2913113
Regular
Jul 21, 2025

OSCAR VILLALOBOS vs. J.V. INDUSTRIAL COMPANIES, LTD.; ZURICH AMERICAN INSURANCE COMPANY

This case involves Oscar Villalobos, the applicant, who sustained injuries while employed by J.V. Industrial Companies. The defendant, J.V. Industrial Companies and Zurich American Insurance Company, sought to suspend proceedings because the applicant refused a follow-up medical examination by an Agreed Medical Evaluator (AME), Dr. Newton. The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration. The WCAB rescinded the Workers' Compensation Judge's (WCJ) February 3, 2025 Findings of Fact and returned the matter to the trial level, citing due process concerns and the necessity of a complete evidentiary record regarding the substantiality of the AME's reports.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorLabor Code section 4053suspend proceedingssubstantial medical evidencedue processequitable tollingShipley doctrine
References
Case No. ADJ1760143
Regular
Aug 12, 2010

JAMES FREDRICKSON vs. FOSTER LUMBER YARD, HARTFORD FIRE INSURANCE COMPANY, SEDGWICK CMS a.k.a. SEDGWICK SACRAMENTO

This order denies reconsideration of a Workers' Compensation Appeals Board decision. The Board adopted the WCJ's report as the basis for denial. The Board also retroactively deemed the petition timely filed due to administrative oversight preventing earlier review. The petition for reconsideration is therefore denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeLab. Code§ 5909Due ProcessTimely FiledShipley v. WCABState Farm Fire and Casualty v. WCAB (Felts)Denial of Reconsideration
References
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