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

Case No. ADJ7970557 ADJ7234375
Regular
Aug 01, 2016

LAURA MIRANDA vs. EL SUPER MARKET, PACIFIC COMPENSATION/NORTH RIVER INSURANCE COMPANY

This case involves a lien claimant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision barring their lien for medical services. The WCJ found the lien untimely under Labor Code section 4903.5(a) because it was filed more than 18 months after the last date of service, which occurred after July 1, 2013. The Appeals Board agreed, clarifying that the 18-month limit applies to services provided on or after July 1, 2013, and the filing on September 24, 2015, was indeed too late. The Board found the lien claimant had a reasonable time to file given the statutory amendment's effective date.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationStatute of LimitationsLabor Code Section 4903.5(a)Joint Findings and OrderWCJTimelinessDate of Services18-month limitation period
References
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
References
Case No. ADJ2610658 (BAK 0153868)
Regular
Sep 14, 2012

EUNICE WHELDON vs. GOLDEN EMPIRE TRANSIT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision, finding the applicant's claim barred by the statute of limitations. The applicant, a bus driver, injured her knees in 2005 but did not file a claim until May 2008 and received medical treatment in 2010. Although the employer did not provide the statutory notice of rights, the Board found this was not required as the applicant lost no time from work and initially stated she did not need medical treatment beyond first aid. Therefore, the Board concluded the employer was not estopped from raising the statute of limitations defense.

Workers' Compensation Appeals BoardGolden Empire Transitindustrial injurybilateral kneestemporary disabilityfurther medical treatmentLabor Code section 5401(a)statute of limitationstollingApplication for Adjudication of Claim
References
Case No. ADJ7284840
Regular
Jan 29, 2016

Sean Nguyen vs. Los Angeles Times, ESIS

The Workers' Compensation Appeals Board denied Sean Nguyen's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that Nguyen sustained only a back laceration in a 1989 injury, with treatment not necessary after December 8, 1989. The judge found the applicant's subsequent claims of extensive injuries, including neck and back pain, were not supported by credible medical evidence from the time of the incident. The petition was also denied for failing to specify the statutory basis or detail the grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLabor Code Section 5903Labor Code Section 5902Order Denying PetitionSEAN NGUYENLOS ANGELES TIMESESISADJ7284840
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. ADJ8730224
Regular
Dec 15, 2016

SERGIO BERMUDEZ vs. CERRITOS AUTO REPAIR CENTER, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tri County Medical Group's (TCMG) petition for reconsideration of a finding that its lien claim was barred by the 18-month limitation in Labor Code section 4903.5(a). The Board majority held that because TCMG's last date of service was January 29, 2015, after the July 1, 2013 effective date for the shorter period, the 18-month limit applied. TCMG's lien was filed over 18 months after this last date of service and was therefore untimely. A dissenting commissioner argued that for continuously provided services crossing the July 1, 2013 date, the three-year limit should apply to avoid requiring multiple lien filings.

Labor Code Section 4903.5(a)lien claim18-month limitation periodthree-year limitation perioddate services were providedlast date of servicecontinuously provided servicespetition for reconsiderationdenial of lienWCJ report
References
Case No. ADJ12619223
Regular
Dec 28, 2020

FELIX RODRIGUEZ vs. SITEWORKS LANDSCAPE MAINTENANCE, OAK RIVER INSURANCE COMPANY

The Applicant filed a timely Petition for Reconsideration. The Board failed to act on the petition within the statutory 60-day limit, but tolled this period due to a misplaced file, citing due process principles. However, the Applicant subsequently withdrew the Petition for Reconsideration. Therefore, the Board dismissed the withdrawn Petition for Reconsideration.

Petition for ReconsiderationLabor Code section 5909Administrative Law JudgeDue ProcessTollingMisplaced FileShipley v. Workers' Comp. Appeals Bd.Statutory Time LimitsWithdrawn PetitionDismissal Order
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. SRO 0116034
Regular
Jul 05, 2007

ELENORA ROBINSON vs. RAPISTAN SYSTEMS, FIREMAN'S FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an order vacating a trial date. This denial was based on the principle that a final adjudication of the applicant's Labor Code section 132a claim had already occurred and all subsequent appeals were exhausted. Furthermore, the Board found it lacked jurisdiction to reopen a section 132a claim due to statutory time limitations, as the petition to reopen was filed more than five years after the date of injury.

Labor Code section 132aPetition to ReopenOrder Vacating Trial DateWorkers' Compensation Appeals Boardfinal adjudicationjurisdictionarbitrarycapriciousPetition for Reconsiderationres judicata
References
Case No. ADJ87-41561
Regular
Mar 18, 2016

OMAYRA GUERRERO vs. EASY STAFFING, LUMBERMEN'S UNDERWRITING ALLIANCE

This case concerns a lien claim filed by Advance Care Specialist Medical Clinic (ACSMC) for services provided to an injured worker. The Workers' Compensation Appeals Board denied ACSMC's petition for reconsideration, affirming a prior order that barred the lien as untimely filed under Labor Code section 4903.5(a). The majority found that since the last date of service was September 23, 2013, after the July 1, 2013 amendment, the 18-month filing limitation applied, and ACSMC's August 19, 2015 filing was too late. The dissenting opinion argued that for continuously provided services spanning before and after July 1, 2013, the three-year limitation should apply to avoid requiring multiple lien filings and prevent absurd results.

Workers' Compensation Appeals BoardLabor Code 4903.5(a)Statute of LimitationsLien ClaimReconsiderationLast Date of Service18-month limitation period3-year limitation periodRetroactive applicationReasonable time
References
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