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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ1744141
Regular
Nov 10, 2010

YANTI SHARIFF vs. RITE AID CORPORATION, TRAVELERS INDEMNITY COMPANY OF ILLINOIS

The defendant, Rite Aid Corporation, sought reconsideration of a Stipulation and Order requiring them to pay two lien claimants, Sanjiv Jain, M.D. and Advanced Radiology. Rite Aid argued these stipulations were entered into in error, claiming Dr. Jain's lien was previously dismissed and Advanced Radiology's lien was settled. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was unverified. However, the WCAB noted Rite Aid can still file a Declaration of Readiness for a hearing to address good cause for setting aside the stipulations.

Petition for ReconsiderationDismissing PetitionStipulation and OrderLien ClaimantUnverified PleadingVacate Lien OrdersAdministrative Law JudgeLien DismissedLien SettledDeclaration of Readiness
References
Case No. ADJ2888679
Regular
Dec 29, 2011

RAMON BARAJAS vs. PIRANHA PIPE AND PRE-CAST, INC., MARSH USA

Lien claimants Face-2-Face and Dickman sought reconsideration after their liens were dismissed for non-appearance at a lien conference. The Appeals Board granted reconsideration, rescinded the dismissal order, and reinstated the liens. This action was taken because subsequent stipulations and orders on November 15, 2011, approved settlements for both Face-2-Face and Dickman's liens, resolving their claims. The Board's decision effectively affirmed these settlements while dismissing other previously dismissed liens.

Lien ClaimantReconsiderationOrder Dismissing LiensNotice of Intention to Dismiss LiensWCJPetition for ReconsiderationStipulation and OrderStipulation and AgreementRescindedIndustrial Injury
References
Case No. ADJ7032646; ADJ7476468
Regular
Dec 24, 2012

MERCEDES NARVAEZ vs. BAKERSFIELD CITY SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order vacating a prior dismissal of lien claims. The WCJ improperly treated a lien claimant's objection as a petition for reconsideration. This action was procedurally flawed as the objection predated the order it sought to challenge and was untimely. The WCJ's subsequent order to vacate the dismissal was also issued outside the permissible 15-day timeframe for WCJ action after reconsideration is sought.

Petition for RemovalOrder Vacating Order Dismissing Lien ClaimsWorkers' Compensation Appeals BoardLien ClaimantsWCJOrder to Dismiss LiensPetition for ReconsiderationLabor Code section 5900(a)Rule 10859untimely
References
Case No. ADJ884160 (LBO 0394637)
Regular
Mar 08, 2013

Shahdeh Khodawandi vs. Disneyland Resort

The Appeals Board granted reconsideration of an order dismissing lien claimant Dr. Thomas's lien claim. The dismissal occurred after Dr. Thomas and his then-agent failed to appear at a lien conference and a subsequent Notice of Intent to Dismiss (NOI) was not properly served on his agent. The Appeals Board found the petition for reconsideration timely as the dismissal order was not properly served on Dr. Thomas's agent of record. Furthermore, the dismissal order was issued prematurely, before the full 35-day period for a response to the NOI had expired, even with the mail-delay extension. The case is returned to the trial level to determine if Dr. Thomas has good cause to set aside the NOI.

Workers' Compensation Appeals BoardLien ClaimReconsiderationOrder Dismissing LienLien ConferenceCompromise and ReleaseNotice of Intention to Dismiss LienGood CauseService of ProcessAgent of Record
References
Case No. ADJ2160795
Regular
May 08, 2014

THERESA NILA vs. SOUTHERN CALIFORNIA GAS CO.

The Workers' Compensation Appeals Board (WCAB) reconsidered an order dismissing a lien claim filed by Coast Plaza Doctors Hospital. The lien was dismissed due to the claimant's failure to appear at a lien trial and then failing to timely object to a Notice of Intention to Dismiss. Although the WCAB found the Petition for Reconsideration to be timely because service of the dismissal order was improper, they ultimately affirmed the WCJ's decision to dismiss the lien. This affirmation was based on the reasons articulated by the Workers' Compensation Judge in their report.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationWCJ Order Dismissing LienLien TrialStipulated AwardIndustrial InjuryPermanent DisabilityNotice of Intention to Dismiss LienTimely Petition
References
Case No. ADJ1197547
Regular
Apr 02, 2013

RAMON LARIOS vs. STAFFMARK INC. WEST, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR ATLANTIC INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing N-Care's lien claim. N-Care failed to pay the required $100 lien activation fee before their lien conference, and a stipulation was entered acknowledging this failure. While N-Care paid the fee shortly after the order of dismissal was issued, the Board found this was not timely compliance with the regulation requiring payment prior to the lien conference or at its commencement. The Board adopted the judge's reasoning that payment "at" the hearing meant at the time the hearing commenced, not at some later point during the same day.

Lien activation feeDWC emergency regulation 10208(a)Labor Code section 4903(b)Petition for ReconsiderationOrder Dismissing LienDeclaration of Readiness to Proceedlien conferenceworkers' compensation administrative law judgeEAMS systemdisposition
References
Case No. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
References
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