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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ4647589
Regular
Dec 10, 2019

ORIS PAYTON vs. CAL EXPO FAIRGROUNDS, CALIFORNIA FAIR SERVICES AUTHORITY

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The applicant sought further physical therapy beyond the statutory limit of 24 visits. The WCAB adopted the Workers' Compensation Administrative Law Judge's report, which concluded that the WCAB lacks the authority to challenge the constitutionality of a statute, including Labor Code section 4604.5, which limits physical therapy visits. Therefore, the applicant's request for treatment exceeding the statutory allowance was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings and AwardIndustrial InjuryCumulative Work ActivitiesMedical TreatmentPhysical TherapyStipulationsAgreed Medical Examiner
References
Case No. ADJ10035604; ADJ10036839
Regular
Jun 01, 2016

ERIC VOLK vs. LITTLE COMPANY OF MARY HOSPITAL, SEDGWICK CMS

Here's a summary of the case for a lawyer in four sentences: The Workers' Compensation Appeals Board denied the applicant's petition for removal, upholding the Administrative Law Judge's (ALJ) prior order. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The applicant also failed to serve a crucial party, Dr. Glaser, with the petition, violating due process. Furthermore, the applicant's claim of an absolute right to be present at a deposition was not supported by statutory law, which allows for protective orders to prevent annoyance or oppression.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationDue ProcessProtective OrdersDepositionPsychiatric QMEMedical Reports
References
Case No. ADJ7630224
Regular
Nov 29, 2012

TINA SPERBER vs. LAW OFFICES OF LISA M. PACIONE

This case involves Tina Sperber's workers' compensation claim against her employer, Law Offices of Lisa M. Pacione. The applicant, a legal assistant, sustained an injury while investigating a property related to a case, claiming implied authorization. The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant was not a credible witness regarding her authority. The Board agreed that the applicant lacked permission for the investigation and that the information gathered provided no benefit to the defendant.

Workers' Compensation Appeals BoardDenying ReconsiderationLegal AssistantLaw OfficesInvestigationImplied AuthorizationCredibilityBenefit to DefendantFamily Law ProceedingsAdministrative Law Judge
References
Case No. ADJ6925380 ADJ6821867
Regular
Feb 27, 2020

JOSE OROZCO vs. B AND M RACING PERFORMANCES, EVEREST NATIONAL INSURANCE COMPANY Care of SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a lien claimant seeking payment for treatment provided to an applicant. The Workers' Compensation Appeals Board affirmed the administrative law judge's disallowance of the lien. The lien was disallowed because it was filed significantly beyond the statutory three-year limit from the date services were rendered. Furthermore, even if an earlier filing date were accepted, the lien would have been dismissed by operation of law due to the failure to pay the required lien activation fee by the statutory deadline.

Labor Code 4903.5Lien activation feeStatute of limitationsWCABJoint Findings and OrderReconsiderationAdministrative law judgeEAMSProof of serviceDismissal by operation of law
References
Case No. ADJ2140586
Regular
Sep 01, 2009

ARMANDO AVILA-GONZALEZ vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board reversed a WCJ's decision to reopen a case, finding no "good cause" based on a purported change in law. The WCJ had relied on the *Vera* case to apply an older disability rating schedule, but subsequent appellate decisions created a conflict, not a definitive change, in the law. The Board determined *Vera* remained citable and that the evidence did not support reopening or a finding of permanent disability. Therefore, the applicant's petition to reopen was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenGood CauseChange in LawVera v. WCABPermanent Disability Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusMedical Reports
References
Case No. ADJ6690678
Regular
May 24, 2012

PEDRO RAMIREZ vs. PCL CONSTRUCTION, RISK ENTERPRISE MANAGEMENT

In **Ramirez v. PCL Construction**, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge, finding no basis to grant the removal. Notably, the WCAB clarified that the California Insurance Guarantee Association (CIGA) is not involved, and therefore, a reference to "other insurance" in the judge's report was disregarded. The decision effectively upholds the status quo of the case as determined by the administrative law judge.

Workers' Compensation Appeals BoardPetition for RemovalWCJ ReportDenying RemovalCalifornia Insurance Guarantee AssociationCIGAOther InsuranceAdministrative Law JudgeLabor LawIndustrial Accident
References
Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
Case No. ADJ10060262
Regular
Feb 16, 2018

PATRICIA DRIVER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Reconsideration filed by the defendant, California Department of Corrections, which was initially at risk of being denied by operation of law due to the Appeals Board's delay. However, the Board found that its time to act was tolled, similar to the principle in *Shipley*, because the delay was not due to the parties' fault. Despite this tolling, the Appeals Board ultimately denied the reconsideration for the reasons stated in the Workers' Compensation Judge's (WCJ) report and opinion. The Board also corrected a clerical error in the WCJ's report regarding the applicable regulation for excluding consultative ratings.

Petition for ReconsiderationDeniedTolledOperation of LawDue ProcessMisplaced FileStatutory Time LimitsAdministrative Law JudgeConsultative Rating8 Cal. Code of Reg. Section 10167
References
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