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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. ADJ7387935
Regular

MICHAEL SAMARAS vs. DELUXE LABORATORIES, ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed Defendant Deluxe Laboratories' Petition for Removal. The Petition argued the Workers' Compensation Judge (WCJ) erred in setting a trial date, but this argument became moot as the trial was subsequently held on a different date. The WCAB also admonished defense counsel for failing to include their State Bar number and for inaccurately describing the trial's scope. Sanctions were denied, but defense counsel was cautioned to ensure accuracy in future filings.

Petition for RemovalMootDismissalAdmonishmentDefense CounselState Bar NumberLimited IssuesSanctionsWCJ ReportEAMS
References
Case No. ADJ10351910
Regular
Aug 09, 2017

SELENA MCINTOSH vs. MILITARY DEPARTMENT OF THE STATE OF CALIFORNIA, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns whether a California Army National Guard member injured during "active duty for training" under federal Title 10 is eligible for California workers' compensation benefits. The Board found that California Military and Veterans Code Section 340(b) expressly prohibits state workers' compensation benefits for service performed under Title 10. Therefore, the applicant cannot collect benefits under Division 4 of the Labor Code. While the applicant's VA benefits were denied, her recourse was to appeal that denial, not to pursue state workers' compensation.

Military Departmentlegally uninsuredState Compensation Insurance FundTitle 10Labor Code Division 4Petition for ReconsiderationFindings of FactWCJpsyche injurysexual assault
References
Case No. ADJ8051333
Regular
Mar 06, 2014

LILIAN MARTINEZ vs. GOLDEN STATE SEAFOOD, INC., TOWER SELECT INSURANCE COMPANY

This case involves a Petition for Removal filed by the defense in Lilian Martinez v. Golden State Seafood, Inc. The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal, adopting the reasoning of the administrative law judge. The WCAB also strongly admonished defense counsel for procedural violations, including failing to include her bar number and not serving all lien claimants. Further non-compliance with WCAB rules risks sanctions.

Petition for RemovalWCABDefense Counsel AdmonishmentRules of Practice and ProcedureState Bar Membership NumberService on Lien ClaimantsSanctionsWorkers' Compensation Administrative Law JudgeWCJ ReportCal. Code Regs.
References
Case No. ADJ4653074 (BAK 0152415)
Regular
Oct 03, 2013

ROBERT HUFF vs. STATE OF CALIFORNIA, CDCR - CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves Robert Huff's workers' compensation claim against the State of California, CDCR - Corcoran State Prison. The defendant filed a petition for reconsideration of a previous decision. The Workers' Compensation Appeals Board (WCAB) granted this petition because they need more time to thoroughly review the factual and legal issues. This action is taken to ensure a just and reasoned decision after further study and potential proceedings. All future filings related to this case must be submitted in writing directly to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers Compensation Appeals BoardPetition for ReconsiderationGrantedCorcoran State PrisonLegally UninsuredState Compensation Insurance FundCase Number ADJ4653074Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
Case No. ADJ8254917
Regular
May 07, 2015

ALEJANDRO LOPEZ vs. CALPAC PAINTINGS AND COATINGS ACQUISITIONS, COMPANION PROPERTY AND CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the administrative law judge's (WCJ) decision disallowing a lien claim and imposing sanctions. The WCJ had found that the lien claimant, San Diego Imaging, Inc. (CIS), failed to provide sufficient evidence of reasonable charges and registration compliance. The Appeals Board found that CIS's claim of exemption under Business and Professions Code § 22451(b) as an agent of a State Bar member should be considered, and the case was returned for further development of the record at the trial level. CIS should be allowed to present evidence regarding its exemption and the compensability of its lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDecision After ReconsiderationBusiness and Professions CodeRegistration ExemptionPhotocopy ServicesIndependent ContractorMember of the State BarWCJ Decision Rescinded
References
Case No. ADJ7463348
Regular
Jan 20, 2012

Olga Garau vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency

Applicant Olga Garau petitioned for removal of her case, alleging that assigned workers' compensation judges (WCJs) could not lawfully act as they were not active members of the California Bar. The Appeals Board denied the petition, adopting the WCJ's report and recommendation. The Board clarified that Labor Code section 123.5 requires WCJs to be licensed attorneys and maintain State Bar membership, which includes inactive members. Therefore, the applicant's allegations regarding the judges' qualifications were unsubstantiated, and the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ RecusalLabor Code Section 123.5State Bar MembershipActive vs. Inactive MemberBusiness and Professions Code Section 6003WCAB Rule 10848Report and RecommendationExpedited Trial
References
Case No. ADJ8490774
Regular
Jan 06, 2014

JAIME ROSPIGLIOSI vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) denied United Airlines' petition for removal. The defendant's request for a new Qualified Medical Examiner (QME) was denied because the original QME selection process was valid and timely. The WCAB found the petition lacked merit, bordered on frivolous, and admonished defense counsel for failing to include their State Bar number. The existing QME's reports will stand, and the case will proceed without further delay.

Petition for RemovalWCABUnited AirlinesGallagher Bassett ServicesPQMEPanel QMEDr. CremetaMedical Unit8 CCR 30(b)duplicative request
References
Case No. ADJ3880884 (SAC 0360871)
Regular
Jul 17, 2015

JORGE LOPEZ vs. HEMINGTON LANDSCAPE SERVICES, EVEREST NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a final order. The WCAB adopted the judge's report which found the decision at issue to be an interlocutory procedural or evidentiary ruling, not affecting substantive rights or liabilities. Additionally, the petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm justifying this extraordinary remedy. The applicant's attorney was also admonished for failing to include their state bar number on the pleading.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable HarmWCJ Report
References
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