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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ7236324
Regular
Oct 23, 2015

MARIA VILCHIS vs. NORWALK MARRIOTT, ZURICH NORTH AMERICAN

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Vilchis's Petition for Reconsideration. The dismissal was based on the applicant's failure to comply with WCAB Rule 10842(b), which mandates specific citations to the record to support evidentiary statements. The Board emphasized that the applicant cannot shift the burden of searching the record to the Appeals Board. This rule is consistent with appellate court procedures requiring proper record citation to avoid waiver of points.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesEvidentiary StatementsWaiverBurden of ProofAdministrative Law Judge ReportAppellate RulesDismissal Order
References
Case No. ADJ7882643
Regular
Apr 03, 2017

SERGIO RUIZ vs. JOSE GARCIA aka JOSE F. GARCIA aka JOSE GRANCISCO GARCIA doing business as JOHN GARCIA PAINT SERVICE, MELANIE A. BERRY AS A SUBSTANTIAL SHAREHOLDER

This case involves a Petition for Reconsideration that was dismissed for two primary reasons. Firstly, the petition was filed untimely, exceeding the statutory 25-day limit for filing after the WCJ's decision. Secondly, the petition failed to meet procedural requirements by not providing specific citations to the record or detailing the grounds for reconsideration, as mandated by relevant Labor Code sections and WCAB rules. Consequently, the Appeals Board lacked jurisdiction to consider the petition, leading to its dismissal.

Petition for ReconsiderationWCABWorkers' Compensation Administrative Law JudgeWCJjurisdictional time limituntimely petitionspecific citations to the recordLabor CodeCalifornia Code of RegulationsRule 10842
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9611007
Regular
Aug 14, 2018

ELISE KING vs. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) finding of psychological injury. The WCAB dismissed the petition because it failed to make specific citations to the record as required by Labor Code section 5902 and WCAB rules. The Board also noted that if the petition had not been dismissed on procedural grounds, it would have been denied on the merits based on the WCJ's report. The defendant's attorney was cautioned for failing to properly support the petition with record evidence.

Petition for ReconsiderationWCJ ReportLabor Code § 5902WCAB Rules 108421084610852Skeletal PetitionSpecific CitationsRecord SupportAddecco Employment Services v. Workers' Comp. Appeals Bd. (Rios)
References
Case No. ADJ10939613, ADJ11371215
Regular
Jan 22, 2019

BRIAN COLLINS vs. CITY OF VACAVILLE, INNOVATIVE CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board granted removal, rescinding an order that quashed subpoenas for an applicant's former employer personnel and medical records. The Board found that Evidence Code sections 1043-1046, which govern discovery of police personnel records, are not applicable to routine workers' compensation discovery. Filing a workers' compensation claim places the applicant's medical condition at issue, making these records essential for the defense. Therefore, requiring strict adherence to the *Pitchess* procedure would be an absurd procedural hurdle in this context.

Workers' CompensationPetition for RemovalQuashed SubpoenasPolice Officer Personnel RecordsEvidence Code Sections 1043-1046Penal Code Sections 832.7-832.8Pitchess MotionRoutine DiscoveryMedical RecordsPersonnel Records
References
Case No. ADJ6413647
Regular
Jul 13, 2015

CESAR CARDENAS vs. DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied Cesar Cardenas' Petition for Reconsideration because it failed to provide specific citations to the record as required by their rules. The Board also noted the petition was not verified, which is a separate grounds for dismissal. Even if these procedural defects were overlooked, the petition would have been denied on the merits based on the WCJ's report. The WCJ's report detailed the applicant's claims and the medical evidence presented, which supported the original Findings and Award of 6% permanent disability.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord SupportLabor Code Section 5902Petition VerificationIn Propria PersonaFindings and AwardPermanent DisabilityMedical Evidence
References
Case No. ADJ8743108
Regular
Dec 21, 2015

HELIBERTO AISPURO vs. SHAKEYS USA, INCORPORATED, THE HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Heliberto Aispuro's Petition for Reconsideration due to a failure to comply with WCAB Rule 10842(b) and relevant case law requiring specific citations to the record. The petitioner did not make a reasonable effort to reference evidence supporting their claims. The WCAB adopted the WCJ's report as the basis for dismissal, which would have been granted on the merits even without the procedural deficiency. Additionally, the applicant failed to properly serve all adverse parties.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesAppellate ProceedingsLabor Code Section 5905Adverse PartiesDismissalAdministrative Law JudgeEvidentiary Statements
References
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