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

Case No. ADJ3200223 (STK 0189793) ADJ1312681 (STK 0189794)
Regular
Nov 05, 2012

ROSA HERNANDEZ vs. STOCKTON UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

Applicant Rosa Hernandez sought reconsideration of an amended workers' compensation award issued to correct a clerical error. The original award confirmed two industrial injuries with assigned permanent disability percentages. The applicant's petition was dismissed as "skeletal" because it lacked specific references to the record and legal principles, violating board regulations. Even if not dismissed for being skeletal, the petition would have been denied on its merits as the WCJ's decision relied on an unrefuted Agreed Medical Examiner's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationClerical ErrorIndustrial InjuryNeckThoracic SpinePsycheLow BackPermanent DisabilityApportionment
References
1
Case No. ADJ4327602
Regular
Aug 29, 2008

RACHEL MITCHELL vs. UCLA MEDICAL CENTER, TRISTAR RISK MANAGEMENT

The WCJ found that no further attorney’s fees were warranted and ordered defendant to release $498.30 to applicant. Petitioner’s reconsideration petition is denied due to lack of verification, skeletal nature, and failure to serve defendant’s counsel.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and Order Releasing FundsAttorney's FeesStipulated AwardIndustrial InjuryRespiratory Care PractitionerPermanent DisabilityConsultative RatingAgreed Medical Examiner
References
2
Case No. ADJ1816605 (POM 0286379)
Regular
Apr 12, 2012

CARLOS DELGADILLO vs. POWER DODGE KIA OF ONTARIO, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Carlos Delgadillo's petition for reconsideration because it was a "skeletal, empty form" lacking any factual, legal, or specific issues. The Board adopted the administrative law judge's report and recommendation, which found the petition procedurally deficient. Therefore, the petition was dismissed.

Petition for ReconsiderationDismissedSkeletal PetitionEmpty FormWCABWorkers' Compensation Administrative Law JudgeReport and RecommendationRecord ReviewApplicantDefendant
References
0
Case No. RDG 0127272
Regular
Jul 16, 2007

ROBERT KWAKE vs. B & C ELECTRIC, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board denied the defendant's petition for removal, finding it skeletal and lacking in allegations of prejudice. The Board adopted the WCJ's report, which justified keeping the case at the trial level for further discovery and medical evaluation referrals. The defendant was admonished that further frivolous petitions could result in sanctions.

Petition for RemovalWCJMandatory Settlement ConferenceOff CalendarFurther DiscoveryPanel QMEReport and RecommendationSkeletal PetitionFrivolous PetitionSanctions
References
0
Case No. ADJ4843767 (MF)
Regular
May 18, 2017

FELIX AGUILAR vs. WAREHOUSE DISCOUNT CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Felix Aguilar's petition for reconsideration. The petition failed to meet statutory and regulatory requirements by being skeletal, lacking specific references to the record and legal principles, and not detailing how evidence supported his claims. Therefore, the WCAB found the petition insufficient and dismissed it.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852skeletal petitionmaterial evidencespecific references
References
6
Case No. ADJ6968097
Regular
Nov 08, 2013

LAURENCIO POMPA vs. RCR PLUMBING & MECHANICAL, GALLAGHER BASSETT CORONA

This case involves a Petition for Reconsideration filed by a lien claimant. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for being untimely and/or skeletal. Even if considered on its merits, the WCAB would have denied it because the lien claimant offered no valid excuse for failing to appear at trial. Therefore, the Petition for Reconsideration was dismissed.

Petition for ReconsiderationUntimelySkeletalLien ClaimantFailure to AppearTrialDismissedWorkers' Compensation Appeals BoardWCJReport and Recommendation
References
0
Case No. ADJ6859530
Regular
Oct 16, 2012

ISSA FARRAJ, Deceased FATEN FARRAJ, Widow, vs. LDI TRUCKING; REDWOOD FIRE AND CASUALTY Administered By BHHC BERKSHIRE HATHAWAY HOMESTATE COMPANIES,

The Workers' Compensation Appeals Board dismissed the petition for reconsideration as it sought review of non-final interlocutory orders and was skeletal. The Board also denied the petition for removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. Therefore, both the petition for reconsideration and removal were denied.

WORKERS' COMPENSATION APPEALS BOARDISSA FARRAJLDI TRUCKINGREDWOOD FIRE AND CASUALTYBHHC BERKSHIRE HATHAWAY HOMESTATE COMPANIESPETITION FOR RECONSIDERATIONDISMISSINGNON-FINAL INTERLOCUTORY ORDERSSKELETAL PETITIONREMOVAL
References
3
Case No. ADJ8153233, ADJ8147144
Regular
Aug 21, 2014

MARY JOCHIM vs. MEE MEMORIAL HOSPITAL

The Workers' Compensation Appeals Board dismissed Mary Jochim's petition for reconsideration against MEE Memorial Hospital. The dismissal was based on two grounds: the petition was "skeletal," lacking sufficient detail, and it was not properly served on all adverse parties as required by law. This procedural deficiency led to the outright dismissal of the reconsideration request.

Petition for ReconsiderationSkeletal PetitionService on Adverse PartiesLabor Code Section 5905Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 §§ 1050510850DismissedWorkers' Compensation Appeals BoardAdministrative Law Judge
References
0
Case No. ADJ3399937 (VNO 0423516 ADJ8997142 ADJ10559387 ADJ7656828
Regular
Feb 27, 2019

DAVE ZADA vs. ALPRO MILLWORKING, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Dave Zada's petition for reconsideration. The WCAB found the petition untimely, successive, and skeletal, failing to meet procedural requirements for reconsideration. Zada also did not demonstrate how he was aggrieved by the prior WCAB decision. Therefore, the WCAB lacked jurisdiction to consider the petition.

Petition for ReconsiderationPro PerSuccessive PetitionUntimely PetitionSkeletal PetitionAggrieved PartyJurisdictional Time LimitVerified PleadingsMaterial EvidenceProof of Service
References
14
Case No. ADJ3166146
Regular
May 23, 2013

MARISELA SEPULVEDA vs. LEVECKE CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration against Levecke Corporation and State Compensation Insurance Fund. The dismissal was based on the administrative law judge's report, which found the petition to be untimely, skeletal, and filed by an unaggrieved party. Therefore, the Board adopted the judge's reasoning and ordered the petition dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals Boarduntimelyskeletalpetitioner not aggrieveddismissalReport and Recommendationadministrative law judgeWCJLevecke Corporation
References
0
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