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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Dec 18, 2012

Avila v. Astrue

Isabel Avila brought this action against the Commissioner of Social Security, challenging the denial of her Supplemental Security Income (SSI) benefits. Avila alleged disability due to arthralgias, major depressive disorder, and anxiety, but her application was denied by an Administrative Law Judge (ALJ), a decision affirmed by the Appeals Council. The District Court upheld the ALJ's determination regarding Avila's physical capacity for 'medium work,' citing reports from Dr. Hitzeman and Dr. Caiati. However, the Court found that the ALJ erred in evaluating Avila's mental impairments, specifically by improperly discrediting the opinion of her treating psychiatrist, Dr. Ibanez, without adequate justification or proper development of the administrative record. Consequently, the Commissioner’s decision is reversed, and the case is remanded for further proceedings to ensure a comprehensive review of the medical evidence.

Social Security BenefitsSupplemental Security IncomeDisability AppealMental ImpairmentDepressionAnxietyArthralgiaTreating Physician RuleALJ ErrorResidual Functional Capacity
References
16
Case No. ADJ6894399
Regular
Jun 16, 2010

URIEL DE AVILA vs. BRENT REDMOND TRANSPORTATION, NOVAPRO RISK SOLUTIONS, CALIFORNIA TRUCKERS SAFETY ASSOCIATIONS

In *De Avila v. Brent Redmond Transportation*, the applicant, Uriel De Avila, sought removal in a workers' compensation case. The Workers' Compensation Appeals Board reviewed the petition and the accompanying administrative law judge's report. Finding no grounds for removal, the Board denied the petition. This decision means the case will proceed without the requested removal.

Workers' Compensation Appeals BoardPetition for RemovalDeniedBrent Redmond TransportationNovapro Risk SolutionsCalifornia Truckers Safety AssociationsUriel de AvilaAdministrative Law JudgeRecord ReviewIncorporation by Reference
References
0
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
5
Case No. ADJ7560893
Regular
May 20, 2013

ABRAHAM AVILA vs. C AND Y INVESTMENT, dba GIRL TALK CLOTHING, FARMERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Abraham Avila. The WCAB noted that Avila's petition for reconsideration was not verified as required by statute, a defect that was pointed out by the WCJ but not cured by the applicant. Despite the procedural defect, the WCAB chose not to dismiss the petition and instead returned the matter to the trial level for further proceedings. This action was taken to allow the WCJ to address the issues under Code of Civil Procedure section 473.

Lucena v. Diablo Auto BodyLabor Code section 5902verification defectabuse of the workers' compensation systemCode of Civil Procedure section 473Petition for ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeGrant ReconsiderationRescind Dismissal
References
3
Case No. ADJ767882 (SAL 0102012)
Regular
Dec 14, 2020

Stella Avila vs. Sutter Santa Cruz, State Compensation Insurance Fund

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied reconsideration of an award for admitted industrial injury to the applicant's spine, psyche, and upper extremities. The applicant sought total permanent disability based on a vocational expert, while the defendant argued the psychiatric injury was not compensable due to less than six months' employment and that permanent disability indemnity should not be awarded during VRMA payments. The Board affirmed the finding that prior and current employment with the employer exceeded six months, making the psychiatric injury compensable, and deemed the VRMA issue moot due to an amended award. The Board also found the vocational experts' opinions less persuasive than those of the Agreed Medical Examiners regarding the extent of permanent disability.

ADJ767882Stella AvilaSutter Santa CruzState Compensation Insurance FundPermanent DisabilityVocational Rehabilitation Maintenance AllowanceVRMAPsychiatric InjuryLabor Code Section 3208.3(d)Gottschalks Dept. Stores v. Workers' Comp. Appeals Bd. (Garcia)
References
1
Case No. MISSING
Regular Panel Decision

Avila-Blum v. Casa de Cambio Delgado, Inc.

In this case, District Judge Marrero reviewed the defendants' objections to a protective order issued by Magistrate Judge Andrew Peek. The protective order barred defendants from inquiring into plaintiff Monica Avila-Blum's immigration status during her deposition, citing the prejudicial effect and minimal relevance at the liability stage, and the chilling effect on undocumented workers pursuing employment claims. Defendants argued that the Magistrate Judge erred in applying case law and in limiting the inquiry to the damages phase, asserting its relevance to credibility and citing Hoffman Plastic Compounds, Inc. v. NLRB. Judge Marrero affirmed the Magistrate Judge's order, finding it was not clearly erroneous or contrary to law, agreeing that the potential for prejudice and the questionable probative value outweighed the defendants' discovery interests at the liability stage. The court also clarified that Hoffman Plastic was distinguishable and limited in scope. Consequently, the defendants' objections were denied, upholding the protective order.

Protective OrderImmigration StatusDiscovery LimitsCredibility EvidencePrejudicial EvidenceFederal Rules of Civil ProcedureEmployment DiscriminationUndocumented WorkersDistrict Court ReviewMagistrate Judge Order
References
9
Case No. ADJ1466843 (FRE 0156295)
Regular
Aug 06, 2019

RICHARD AVILA vs. PAYLESS CASHWAYS, CONTINENTAL INSURANCE COMPANY, CNA CLAIMPLUS

This case involves Applicant Richard Avila's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition because it was skeletal and failed to meet statutory and regulatory requirements. Specifically, the petition did not detail the grounds for reconsideration, cite supporting evidence from the record, or clearly set forth legal arguments. Therefore, the Board found the petition procedurally deficient and dismissed it.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalSkeletal PetitionLabor CodeCal. Code Regs.Administrative Law JudgeSpecificityMaterial EvidenceRecord References
References
6
Case No. ADJ10968412
Regular
Mar 05, 2020

MAGDALENA PACHECO DE AVILA vs. TACO STATION, MID CENTURY INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning applicant Magdalena Pacheco de Avila's right hand and wrist injury. The WCAB affirmed the finding of injury AOE/COE and the 8% permanent disability award. However, the WCAB deferred the issue of the employer's entitlement to credit for a $7,349.60 temporary disability overpayment against the permanent disability award. The case is returned to the WCJ for further proceedings on this credit issue, considering equitable principles outlined in *Maples*.

Petition for ReconsiderationFindings and AwardPermanent Disability IndemnityTemporary Disability Indemnity OverpaymentCreditLabor Code Section 4909Equitable PrinciplesMaples v. Workers' Comp. Appeals Bd.Agreed Medical ExaminerMaximum Medical Improvement
References
2
Case No. ADJ7974584
Regular
Dec 13, 2012

Stella Narinyan vs. Elizabeth Pusey, M.D.; Employers Compensation Insurance Company

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that Stella Narinyan did not sustain an industrial injury. The applicant alleged a file cabinet fell on her, but her account lacked specific details and was contradicted by witness testimony and the employer's credible account. The Board gave great weight to the judge's credibility findings, concluding the claim was likely filed after the applicant's termination for cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryFile Cabinet IncidentCredibility FindingWCJ ReportApplicant TestimonyEmployer TestimonyMedical Report ReliabilityTermination for Cause
References
1
Case No. ADJ11880536
Regular
Aug 01, 2025

SERGIO AVILA vs. ADVANCED CONSTRUCTION, BITCO/OLD REPUBLIC GENERAL INSURANCE CORP.

The initial Findings and Order (F&O) from May 8, 2025, granted a credit to defendant Advanced Construction (ACS) from a third-party settlement. Applicant Sergio Avila sought reconsideration, arguing the WCJ erred in calculating ACS's comparative negligence and the total value of his case. The Appeals Board found the F&O lacked definite findings and identified evidentiary gaps concerning the net recovery, the WCJ's reliance on experts, and proof of benefits paid by ACS. Consequently, the Appeals Board rescinded the F&O and remanded the case for further proceedings consistent with its opinion.

Labor Code section 3861Third-party settlement creditComparative negligenceEmployer negligenceApplicant negligenceTotal damagesNet recoveryAllocation of faultPetition for ReconsiderationFindings and Order
References
11
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