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

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. ADJ9244329
Regular
Nov 23, 2016

MIGUEL AMADOR vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) dismissed Miguel Amador's Petition for Reconsideration. This dismissal was based on the petition's failure to comply with Labor Code section 5902 and relevant WCAB Rules. Specifically, the petition was inadequate because it did not set forth specific details of the grounds for reconsideration, failed to fairly state all material evidence, and lacked specific references to the record. The WCAB adopted the administrative law judge's report, which also would have led to denial on the merits had the procedural defects not resulted in dismissal.

WCABPetition for ReconsiderationDismissalLabor Code 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Skeletal PetitionUnjust or UnlawfulMaterial Evidence
References
Case No. ADJ2409827 (VNO 0509989)
Regular
Apr 17, 2014

ALICIA EVANS vs. SOUTHERN CALIFORNIA GAS COMPANY

The Workers' Compensation Appeals Board denied reconsideration of its prior decision concerning Alicia Evans and Southern California Gas Company. While the lien claimant's petition touched upon sanctions, it failed to meet the procedural requirements for reconsideration under Labor Code sections 5902 and 5904, and WCAB Rules 10842, 10846, and 10852. Specifically, the petition lacked detailed grounds, specific record references, and legal arguments, instead presenting a conclusory assertion that the facts mandated a win. Consequently, the Board adopted the judge's report and denied the petition.

WCABPetition for ReconsiderationLabor Code section 5813WCAB Rule 10561bad faithfrivolous conductlien claimantsanctionsLab. Code§ 5902
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. ADJ10285745
Regular
Jun 17, 2019

MELINDA SANCHEZ vs. MERITAGE HEALTHCARE, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Melinda Sanchez's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which mandate specific details on grounds for reconsideration and evidence relied upon. Specifically, the petition did not clearly state the grounds for reconsideration or cite the record with specificity. Consequently, the WCAB found the petition subject to dismissal and would have denied it on the merits had it not been procedurally deficient.

Petition for ReconsiderationSkeletal PetitionLabor Code Section 5902Appeals Board RulesRule 10842Rule 10846Rule 10852SpecificityRecord ReferencesLegal Principles
References
Case No. ADJ9 657673, ADJ9 632441, ADJ9 697740, ADJ9 832297, ADJ9 834527, ADJ9 842328, ADJ9 919901, ADJ9 919978
Regular
Apr 14, 2016

KELLY FINN vs. OXNARD SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Kelly Finn's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852, which mandate specific details regarding grounds, evidence, and legal principles. The WCAB found the petition lacked specific references to the record and the evidence it relied upon.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationskeletal petitionLabor Code section 5902WCAB Rulesmaterial evidencespecific references to the recordprinciples of lawdeny or dismissWCJ report
References
Case No. ADJ252083 (NOR 0166266) ADJ3827633 (LAO 0784953) ADJ3395707 (LAO 0784956) ADJ629194 (LAO 0849490) ADJ2985386 (LAO 0784955) ADJ2625573 (LAO 0784951)
Regular
Apr 12, 2011

CLAUDIA DYER vs. BOEING/McDONNELL DOUGLAS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CHARTIS INSURANCE

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration, upholding the WCJ's findings of industrial injuries to the applicant's knees, neck, back, shoulders, hips, hands, and ankle across multiple dates. The Board found the WCJ's decision was supported by substantial evidence, specifically Dr. Nelson's well-reasoned medical opinions on causation and apportionment. CIGA's petition was also found deficient for failing to comply with procedural requirements for referencing the record. Finally, CIGA was estopped from asserting the statute of limitations defense due to the employer's knowledge of the injury and failure to provide notice of rights.

CIGAFremont InsuranceliquidationPetition for ReconsiderationJoint Findings and Awardindustrial injuryaircraft mechanickneesneckback
References
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
Case No. ADJ9214898
Regular
Dec 22, 2016

WALTER HERSOM vs. ALLIED BUILDING PRODUCTS CORPORATION/OLDCASTLE, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Walter Hersom's Petition for Reconsideration. The Board found the petition to be "skeletal" and lacking specific references to the record and legal principles, as required by Labor Code section 5902 and Board Rules. Consequently, the petition failed to meet the standards for a valid reconsideration request. The Board incorporated the reasoning of the workers' compensation judge in its decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852skeletal petitionmaterial evidencespecific references
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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