Updated Daily

Case Law Database

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

Case No. ADJ481937 (RIV 0081478)

Regular

Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.

References

Case No. ADJ8438087

Regular

Feb 24, 2017

CONSUELO ACEVEDO vs. SYSTEM SOLDING USA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, amending a prior decision to find that Tri-City Health Group's lien was timely filed. The Board affirmed the finding that Komberg Chiropractic's lien was barred by the statute of limitations due to late filing on December 29, 2015, when services ended December 28, 2012. However, Tri-City Health Group's lien, filed electronically on March 21, 2016, was deemed timely, as the deadline of March 19, 2016, fell on a weekend and the next business day was utilized. The matter is returned to the trial level for further proceedings regarding Tri-City Health Group's lien.

Workers' Compensation Appeals BoardLien ClaimantsStatute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code Section 4903.5EAMSElectronic FilingBusiness DayTimely Filed

References

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. ADJ19616091

Regular

Aug 11, 2025

PAULA EASTON vs. THE PERMANENTE MEDICAL GROUP, INC., ATHENS ADMINISTRATORS

Paula Easton, the applicant, claims an industrial injury sustained while employed by The Permanente Medical Group, Inc. The workers' compensation administrative law judge (WCJ) initially found her request for a qualified medical evaluator (QME) panel invalid because it was filed simultaneously with the claim form, contrary to Labor Code section 4060. Easton petitioned for reconsideration, arguing that the statute does not prohibit simultaneous filing and request. The Appeals Board granted the petition for reconsideration, deferring a final decision on the merits for further review and consideration of the entire record.

Labor Code Section 4060Petition for ReconsiderationCompensability EvaluationQualified Medical Evaluator (QME)Simultaneous FilingDWC-1 Claim FormFinal OrderThreshold IssueContinuing JurisdictionRes Judicata

References

Case No. ADJ7020366

Regular

Aug 22, 2013

OCTAVIO GONZALEZ vs. BODEGA LATHE CORPORATION, PACIFIC COMP INSURANCE

The Workers' Compensation Appeals Board dismissed Octavio Gonzalez's petition for reconsideration because it was untimely filed. The petition was submitted more than 25 days after the administrative law judge's decision, exceeding the 20-day statutory limit, which can be extended by five days for mail. Because the deadline for filing a petition for reconsideration is jurisdictional, the Board lacked the authority to consider it. Had the petition been timely, it would have been denied on the merits as well.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely filingJurisdictional time limitLabor Code section 5903Administrative Law JudgeWCJ's Report and RecommendationMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v. Workers' Comp. Appeals Bd.

References

Case No. MON 0279679

Regular

Jun 26, 2008

EILEEN HALPERN vs. THE HERTZ CORPORATION, CAMBRIDGE INTEGRATED SERVICES, INC.

The Workers' Compensation Appeals Board denied Hertz Corporation's request to reconsider its dismissal of Hertz's petition for reconsideration. The Board found that Hertz's petition was untimely because it was filed with the San Francisco district office, rather than directly with the Appeals Board itself, as required by Rule 10840 for decisions issued by the Board. Even if the petition had been lodged with the district office on the filing deadline, it was not received by the Appeals Board itself within the statutory timeframe.

Workers' Compensation Appeals BoardPetition for reconsiderationUntimely filingWCAB Rule 10840District office filingAppeals Board filingMandatory and jurisdictionalReconsideration on Board motionLabor CodeCode of Civil Procedure

References

Case No. ADJ6961731, ADJ6959844, ADJ6959868

Regular

May 03, 2019

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUNITY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed Antonio Romero's Petition for Reconsideration as untimely. The petition was filed one day after the jurisdictional deadline of March 4, 2019. California law requires petitions for reconsideration to be *received* by the WCAB within the statutory period, not just mailed. Since the petition was not received within the allowed time, the WCAB lacked the authority to consider its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingDismissalAdministrative Law JudgeLabor CodeCalifornia Code of RegulationsJurisdictionalJoint FindingsDate of Filing

References

Case No. ADJ10875673

Regular

Mar 18, 2019

JOSEPH PIZARRO vs. TRILLIUM STAFFING SOLUTIONS, XL SPECIALTY INSURANCE c/o CORVEL

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed untimely. The deadline to file was December 11, 2018, but the petition was not filed until January 17, 2019. The Appeals Board lacks jurisdiction to consider petitions filed outside the statutorily mandated time limits. The applicant remained represented by counsel of record throughout the process.

Petition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeFindings and OrderService by MailFiling RequirementsLegal Timeliness

References

Case No. ADJ8227298

Regular

Dec 18, 2014

DIANA MARKS vs. A.C. TRANSIT DISTRICT

The Workers' Compensation Appeals Board vacated its prior Order Granting Reconsideration. The Board determined that the defendant's Petition for Reconsideration was not timely filed due to an electronic filing after 5:00 p.m. on the last day to file, making it legally deemed filed the following business day. As the petition was untimely, the Board dismissed it for lack of jurisdiction.

Petition for ReconsiderationUntimely FilingEAMSBatch IDWCABLabor CodeCal. Code Regs.Jurisdictional Time LimitsWCJOrder Granting Reconsideration

References

Case No. ADJ8649645 ADJ8482658

Regular

Jun 25, 2015

ANTONIA LOPEZ vs. RELIABLE RESOURCES, JUSTMAN PACKAGING, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based solely on the petition being untimely filed. California law allows 25 days to file, with potential extensions, but the petition was filed significantly after the deadline. The WCAB lacks jurisdiction to consider petitions filed outside this mandatory time limit. Even if timely, the petition would have been denied on the merits.

Petition for ReconsiderationUntimely filingWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeJurisdictional time limitDismissed petitionService by mailProof of filingMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler

References

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Updated Daily

Case Law Database

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

Case No. ADJ481937 (RIV 0081478)

Regular

Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

References

Case No. ADJ8438087

Regular

Feb 24, 2017

CONSUELO ACEVEDO vs. SYSTEM SOLDING USA, INC., STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardLien ClaimantsStatute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code Section 4903.5EAMSElectronic FilingBusiness DayTimely Filed

References

Case No. ADJ3133261 (VNO 0400017)

Regular

Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

References

Case No. ADJ19616091

Regular

Aug 11, 2025

PAULA EASTON vs. THE PERMANENTE MEDICAL GROUP, INC., ATHENS ADMINISTRATORS

References

Case No. ADJ7020366

Regular

Aug 22, 2013

OCTAVIO GONZALEZ vs. BODEGA LATHE CORPORATION, PACIFIC COMP INSURANCE

References

Case No. MON 0279679

Regular

Jun 26, 2008

EILEEN HALPERN vs. THE HERTZ CORPORATION, CAMBRIDGE INTEGRATED SERVICES, INC.

References

Case No. ADJ6961731, ADJ6959844, ADJ6959868

Regular

May 03, 2019

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUNITY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingDismissalAdministrative Law JudgeLabor CodeCalifornia Code of RegulationsJurisdictionalJoint FindingsDate of Filing

References

Case No. ADJ10875673

Regular

Mar 18, 2019

JOSEPH PIZARRO vs. TRILLIUM STAFFING SOLUTIONS, XL SPECIALTY INSURANCE c/o CORVEL

References

Case No. ADJ8227298

Regular

Dec 18, 2014

DIANA MARKS vs. A.C. TRANSIT DISTRICT

Petition for ReconsiderationUntimely FilingEAMSBatch IDWCABLabor CodeCal. Code Regs.Jurisdictional Time LimitsWCJOrder Granting Reconsideration

References

Case No. ADJ8649645 ADJ8482658

Regular

Jun 25, 2015

ANTONIA LOPEZ vs. RELIABLE RESOURCES, JUSTMAN PACKAGING, GALLAGHER BASSETT SERVICES, INC.

References

Showing 1-10 of 4,031 results

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